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.
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Sources: Trust Indenture (Plug Power Inc)
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 ▇M▇▇▇▇'▇ 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.
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