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"Prior Obligations" means the Santa Ana Financing Authority Water Revenue Bonds, <br />Series 2004 (Payable Solely from Installment Payments Secured by Water System Net <br />Revenues). <br />"Trustee" means The Bank of New York Mellon Trust Company, N.A., and its <br />successors or assigns, or any successor trustee. <br />SECTION 1.02. Definitions in Agreement and Indenture. Except as otherwise herein <br />defined and unless the context otherwise requires, the terms defined in the Agreement or the <br />Indenture shall for all purposes hereof and of any amendment hereof or supplement hereto and of <br />any report or other document mentioned herein, have the meanings defined therein, such <br />definitions to be equally applicable to both the singular and plural forms of any of the terms <br />defined therein. With respect to any defined term which is given a different meaning under this <br />Supplement than under the Agreement or the Indenture, as used herein it shall have the meaning <br />given herein. <br />ARTICLE II <br />REPRESENTATIONS AND WARRANTIES <br />SECTION 2.01. The City hereby makes the following representations: <br />(a) The City is a charter city and municipal corporation of the State, duly organized <br />and validly existing pursuant to the provisions of the Constitution and the laws of the State and <br />its Charter. <br />(b) The City has full legal right, power and authority to enter into this Supplement <br />and carry out its obligations hereunder, to carry out and consummate all transactions <br />contemplated by this Supplement, and the City has complied with the provisions of the <br />Constitution and the laws of the State and its Charter in all matters relating to such transactions. <br />The execution and delivery of this Supplement is not subject to any voter approval requirement <br />contained in Section 602 of the Charter. <br />(c) By proper action, the City has duly authorized the execution, delivery and due <br />performance of this Supplement. <br />(d) The execution and delivery of this Supplement and the consummation of the <br />transactions herein contemplated will not violate any provision of law, any order of any court or <br />other agency of government, or any indenture, material agreement or other instrument to which <br />the City is now a party or by which it or any of its properties or assets is bound, or be in conflict <br />with, result in a breach of or constitute a default (with due notice or the passage of time or both) <br />under any such indenture, agreement or other instrument, or result in the creation or imposition <br />of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the <br />properties or assets of the City. <br />(e) The City has determined that it is necessary and proper for the City uses and <br />purposes within the terms of the Constitution and the laws of the State and its Charter and that <br />FORAM <br />55394.00011 \8752854.4 <br />