Supplemental Indentures Not Requiring Consent of Bondholders Clause Samples
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may, without the consent of, or notice to, any of the Bondholders, enter into such indenture or indentures supplemental to this Indenture as shall not be inconsistent with the terms and provisions hereof for any one or more of the following purposes:
(a) to set forth any or all of the matters in connection with the issuance of Additional Bonds as provided in Section 2.10 hereof;
(b) to cure any ambiguity, defect or omission in this Indenture, or to otherwise amend this Indenture, in such manner as shall not in the opinion of the Trustee impair the security hereof or adversely affect the Bondholders;
(c) to grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authorities that may lawfully be granted or conferred upon the Bondholders or the Trustee;
(d) to add additional covenants of the Issuer, or to surrender any right or power herein conferred upon the Issuer;
(e) to subject to this Indenture additional revenues, properties or collateral;
(f) to modify, amend or supplement this Indenture or any indenture supplemental hereto in such manner as to permit the qualification hereof and thereof under the Trust Indenture Act of 1939 or any similar federal statute hereafter in effect or to permit the qualification of the Bonds for sale under the securities laws of any of the states of the United States of America, and, if they so determine, to add to this Indenture or any indenture supplemental hereto such other terms, conditions and provisions as may be permitted by said Trust Indenture Act of 1939 or similar federal statute;
(g) to provide different authorized denominations for the Bonds;
(h) to provide for an uncertificated registration system for the Bonds;
(i) to evidence the succession of a new Trustee hereunder; and
(j) to make such changes as may be necessary to comply with the provisions of the 1954 Code or the Code relating to the exclusion of interest on the Bonds from gross income thereunder or to the deductibility by the Company of interest payments.
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may without the consent of, or notice to, any of the Bondholders, enter into an indenture or indentures supplemental to this Indenture, as shall not be inconsistent with the terms and provisions hereof, for any one or more of the following purposes:
(a) To cure any ambiguity or formal defect or omission in this Indenture; or
(b) To grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee or any of them; or
(c) To subject to this Indenture additional security, revenues, properties or collateral; or
(d) To make any other change in this Indenture which, in the judgment of the Issuer, in its sole discretion, is not to the material prejudice of the Company or the holders of the Bonds; or
(e) To modify, amend or supplement the Indenture in such manner as required to permit the qualification thereof under the Trust Indenture Act of 1939, as amended, or any similar Federal statute hereafter in effect, and, if they so determine, to add to the Indenture such other terms, conditions and provisions as may be required by said Trust Indenture Act of 1939, as amended, or similar federal statute; or
(f) To issue Additional Bonds in accordance with the provisions of Section 2.8 hereof.
Supplemental Indentures Not Requiring Consent of Bondholders. With the consent of the WLCDC, the Issuer and the Trustee may, without the consent of, or notice to, any of the Bondholders, enter into an indenture or indentures supplemental to this Indenture, as shall not be inconsistent with the terms and provisions hereof, for any one or more of the following purposes:
(a) To cure any ambiguity or formal defect or omission in this Indenture;
(b) To grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee or any of them;
(c) To subject to this Indenture additional security, revenues, properties or collateral;
(d) To make any other change in this Indenture which, in the judgment of the Requisite Bondholders, is not to the material prejudice of the Trustee, the WLCDC, the Issuer or the Bondholders of the Bonds; or
(e) To modify, amend or supplement the Indenture in such manner as required to permit the qualification thereof under the Trust Indenture Act of 1939, as amended, or any similar Federal statute hereafter in effect, and, if they so determine, to add to the Indenture such other terms, conditions and provisions as may be required by said Trust Indenture Act of 1939, as amended, or similar federal statute.
Supplemental Indentures Not Requiring Consent of Bondholders. (a) Without the consent of or notice to any of the Bondholders, the Issuer and the Trustee may, with the consent of the Company, enter into one or more Supplemental Indentures, for any one or more of the following purposes:
(i) To cure any ambiguity, inconsistency or omission in this Indenture or to cure, correct or supplement any defective provision of this Indenture in such manner as shall not impair the security hereof or adversely affect the Bondholders;
(ii) To grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee;
(iii) To add to the covenants and agreements of the Issuer in this Indenture other covenants and agreements to be observed by the Issuer;
(iv) To more precisely identify the Trust Estate;
(v) To subject to the Lien of this Indenture additional Property;
(vi) To evidence the appointment of a separate Trustee or a Co-Trustee or the succession of a new Trustee hereunder; or
(vii) To effect any other change herein which, in the judgment of the Trustee, is not to the prejudice of the Trustee or the Owners of Bonds.
(b) The Trustee may rely upon an opinion of Independent Counsel as conclusive evidence that any such Supplemental Indenture complies with the foregoing conditions and provisions.
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may, without consent of, or notice to, any of the Bondholders enter into an indenture or indentures supplemental to this Indenture for any one or more of the following purposes:
(a) To cure any ambiguity or formal defect or omission in this Indenture;
(b) To grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee;
(c) To evidence the appointment of a separate trustee or a co-trustee or the succession of a new Trustee hereunder;
(d) To provide for an uncertificated book-entry system of registration for the Bonds;
(e) To preserve the exclusion of the interest on the Bonds from gross income for purposes of federal income taxation;
(f) To implement the Fixed Interest Rate or to evidence or give effect to the delivery of an Alternate Letter of Credit;
(g) To provide for the issuance of Additional Bonds;
(h) To obtain or maintain an appropriate rating or ratings on the Bonds; and
(i) To make any other change which in the judgment of the Issuer and the Trustee is not materially prejudicial to the Bondholders.
Supplemental Indentures Not Requiring Consent of Bondholders. (A) The Issuer and the Trustee, without the consent of, or notice to, any of the Bondholders, may enter into an indenture or indentures supplemental to the Indenture and not inconsistent with the terms and provisions hereof or materially adverse to the holders of the Bonds or to the Bank for any one or more of the following purposes:
(1) to cure any ambiguity or formal defect or omission in the Indenture;
(2) to grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee or either of them;
(3) to subject additional rights and revenues to the Lien of this Indenture, or to identify more precisely the Trust Estate;
(4) to obtain or maintain a rating on the Bonds from ▇▇▇▇▇'▇ or Standard & Poor's; or
(5) to modify, amend or supplement the Indenture or any indenture supplemental hereto in such manner as to permit the qualification hereof and thereof under the Trust Indenture Act of 1939 or any similar Federal statute hereafter in effect or under any state Blue Sky Law.
(B) The Issuer and the Trustee may rely on an opinion of Independent Counsel as conclusive evidence that the execution and delivery of any amendment or supplemental indenture has been effected in compliance with this Section 801.
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may, without the consent of, or notice to, any of the Bondholders, enter into an indenture, or indentures supplemental to this Indenture as shall not be inconsistent with the terms and provisions hereof for any one or more of the following purposes:
(a) To cure any ambiguity or formal defect or omission in this Indenture;
(b) To grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee or either of them; and
(c) To subject to the lien and pledge of this Indenture additional revenues, properties or collateral or to more precisely identify the revenues, properties or collateral subject to the lien of this Indenture.
Supplemental Indentures Not Requiring Consent of Bondholders. The Authority and the Trustee may without the consent of, or notice to, any of the Bondholders, enterinto an indenture or indentures supplemental hereto as shall not be inconsistent with the terms and provisions hereof for any one or more of the following purposes:
Supplemental Indentures Not Requiring Consent of Bondholders. 45 Section 9.2. Supplemental Indentures Requiring Consent of Bondholders 45 Section 9.3. Legal Opinion 46 Section 9.4. Supplemental Indenture Effectiveness Upon Trustee 46 ARTICLE X. AMENDMENTS TO THE FINANCING AGREEMENT 47
Supplemental Indentures Not Requiring Consent of Bondholders. The Issuer and the Trustee may, without the consent of, or notice to, any of the Bondholders, but, if prior to the Expiration Date of the Letter of Credit, with prior written notice to the Bank, enter into indentures supplemental to this Indenture for any one or more of the following purposes:
(a) to cure any ambiguity, inconsistency or formal defect or omission in this Indenture;
(b) to grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee or either of them;
(c) to subject to the lien and pledge of this Indenture additional revenues;
(d) to add to the covenants and agreements of the Issuer contained in this Indenture other covenants and agreements thereafter to be observed for the protection of the Bondholders, or to surrender or limit any right, power or authority herein reserved to or conferred upon the Issuer;
(e) to evidence any succession to the Issuer and the assumption by such successors of the covenants and agreements of the Issuer herein and in the Loan Agreement and Bonds contained;
(f) to modify, amend or supplement the Indenture in such manner as to permit the qualification thereof under the Trust Indenture Act of 1939, as amended, or to comply with any similar requirements of any other law;
(g) in connection with the issuance of Additional Bonds in accordance with Section 2.08 hereof; or
(h) to change the method for determining the Interest Index or the Alternate Interest Index or to eliminate such indices or to implement the Fixed Interest Rate.