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1983-008
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1983-008
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Last modified
1/3/2012 12:19:44 PM
Creation date
1/12/2006 2:01:18 PM
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City Clerk
Doc Type
Resolution
Doc #
IDA 1983-008
Date
12/19/1983
Destruction Year
PERM
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<br />, . <br />, <br /> <br />ARTICLE XI <br />AMENDMENT OF AGREEMENT <br /> <br />Sect ion 11.01. Amendments to Agreement Not Requi ri ng Consent of Bond <br />Owners. The Authority may without the consent of or notice to the Bond Owners <br />consent to any amendment, change or modification of the Agreement for anyone or <br />more of the following purposes: <br /> <br />I (a) To add to the covenants and agreements of the Company contained in the <br />; Agreement, other covenants and agreements thereafter to be observed, or to <br />\,.. surrender any ri ght or power therei n reserved to or conferred upon the Company <br />which shall not adversely affect the interests of the Bond Owners; and <br /> <br />(b) To make such provisions for the purpose of curing any ambiguity, or of <br />curing, correcting or supplementing any defective provision contained in the <br />Agreement, or in regard to questions arising under the Agreement, as the Authority <br />may deem necessary or desirable and not inconsistent with the Resolution and which <br />shall not adversely affect the interests of the Bond Owners. <br /> <br />Section 11.02. Amendments to Agreement Requiring Consent of Bond Owners. <br />Except for the amendments, changes or modifications as provided in Section 11.01 <br />hereof, neither the Authority nor the Servicing Agent shall consent to any other <br />amendment, change or modification of the Agreement without the written approval of <br />the Owners of not less than sixty percent (60%) in aggregate principal amount of <br />the Bonds at the time Outstanding given as in Article XII provided, provided that <br />the consent of the Owners of all Bonds Outstanding is required for any amendment, <br />change or modifi cat ion of the Agreement that woul d permi t the termi nat i on or <br />cancellation of the Agreement or a reduction in or postponement of the payments <br />under the Agreement or any change in the provisions relating to the payment <br />thereunder. If at any time the Authority and the Company shall request the consent <br />of the Authority to any such proposed amendment, change or modification of the <br />Agreement, the Servicing Agent, on behalf of the Authority, shall, upon being <br />satisfactorily indemnified with respect to expenses, cause notice of such proposed <br />amendment, change or modification to be given to the Owners of the Bonds at their <br />address as shown on the Bond registration records held by the Servicing Agent. <br />Such notice shall briefly set forth the nature of such proposed amendment, change <br />or modification and shall state that copies of the instrument embodying the same <br />are on file at the main office of the Servicing Agent in Irvine, California, for <br />inspection by all Bond Owners. <br /> <br />f <br />\.. <br /> <br />26 <br />
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