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82-173
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Last modified
1/3/2012 12:33:29 PM
Creation date
6/26/2003 10:46:53 AM
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City Clerk
Doc Type
Resolution
Doc #
82-173
Date
12/20/1982
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A~T I CLE VI <br /> <br />AMENDMENT OF RESOLLFFION <br /> <br /> Section 6.01 . Amendments Permitted . This Resolution and the riqhts <br />and obligations of the City and of the Bank may be modified or amended at any <br />time by a Supplemental Resolution, but only with the prior written consent of <br />the Bank and the Participating Party. No such modification or amendment shall <br />(i) extend the maturity of any Note or reduce the interest rate thereon, or <br />otherwise alter or impair the obligation of the City to pay the principal <br />thereof, of interest thereon, or any premium payable on the redemption <br />thereof, at the time and place and at the rate and in the currency provided <br />therein, without the express consent of the Bank and the Participating Party, <br />or (2) permit the creation by the City of any mortgage, pledge or lien upon <br />the Revenues superior to or on a parity with the oledge and lien created for <br />the benefit of the Note. <br /> <br /> Section 6.02 . Procedure for Amendment with Written Consent of Bank <br />and the Participating ~arty . The City may at any time adopt a Supplemental <br />Resolution amending the provisions of the Note or of this Resolution or any <br />Supplemental Resolution, to the extent that such amen~ent is permitted by <br />Section 6.01, to take effect when and as provided in this Section. A COpy of <br />such Supplemental Resolution, together with a request to the Bank and the <br />Participating Party for its consent thereto, shall be mailed by the City to <br />the Bank and the Participating Party. <br /> <br /> Such Suppl~nental Resolution shall not become effective unless there <br />shall be obtained the written consent of the Bank and the Participating Party <br />and any such consent shall be binding upon the Bank and the Particioatinq <br />Party. The Supplemental Resolution shall becone effective upon the adoption <br />of the Supplemental Resolution or filing of the consent by the Bank and the <br />Participating Party with the City, whichever is later. <br /> <br /> Section 6.03 . Effect of Supplemental Resolution . From and after the <br />time any Supplemental Resolution becomes effective pursuant to this Article <br />VI, this Resolution shall be deemed to be modified and amended in accordance <br />therewith, the respective rights, duties and obligations under this Resolution <br />of the City and the Bank shall thereafter be determined, exercised and <br />enforced hereunder subject in all respects to such modifications and <br />amendments, and all the terms and conditions of any such Suoolemental <br />Resolution shall be deemed to be part of the terms and conditions of this <br />Resolution for any and all purposes. <br /> <br /> Section 6.04 . Endorsement or Replacement of Note Issued After <br />Amen~ents . The City, upon demand of the Bank, may determine that any Note <br />issued and delivered after the effective date of any action taken as provided <br />in this Article VI shall bear a notation, by endors~nent or otherwise, in form <br />approved by the City, as to such action. In that case, upon de~and of the <br />Bank and presentation of its Note for that p~rpose at such office as the City <br />may select and designate for that purpose, a suitable notation shall be made <br />on such Note. The City may determine that a new Note, so modi¢ied as in the <br />opinion of the City is necessary to conform to such action, shall be nrepared, <br />executed and delivered. In that case, upon demand of the Bank, such new Note <br />shall be exchanged at the office of the Bank, in Philadelphia, Pennsylvania, <br />without cost to the Bank, for the Note then Outstanding, upon surrender OF <br />such Note. <br /> <br /> Section 6.05 . Amendator¥ Endorsement of Note . The provisions of this <br />Article VI shall not prevent the Bank from acceptinm any amendment as to the <br />Note held by it, provided that due notation thereof is made on such Note. <br /> <br />ARTICLE VII <br /> <br />EVENTS OF DEFAULT AND REMEDIES OF RANK <br /> <br /> Section 7.01 . Events of Default and Acceleration of Maturities . IF <br />one or more of the following events ("events of default") shall happen, that <br />is to say <br /> <br />8 <br /> <br /> <br />
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