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83000621
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83000621
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Last modified
11/18/2008 12:54:50 AM
Creation date
11/18/2008 12:53:48 AM
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DEEDS
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83000621
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I <br />83-f30Q6~.~`. <br />ARTICLE XII <br />AMENDMENT OE AGREEMENT <br />Section 12.Oi. Amendments to Agreement Not Recteziring <br />Consent of Bondholders. Issuer and Trustee shall without the <br />consent of or notice to the Bondholders consent to any amend- <br />ment, change or modification of the Agreement (i) for the <br />purpose of curing any ambiguity or formal defect or omission <br />in the Agreement, (ii) so as to more precisely identify the <br />Project or to substitute or add additional improvements or <br />equipment to the Project or additional rights or interests in <br />property acquired in accordance with the provisions of the <br />Agreement, (iii) to enter into an indenture or indentures <br />supplemental hereto as provided in Section 11.01 hereof, (iv} <br />to provide for the issuance of Additional Bonds for the <br />purposes set forth in Section 4.9 of the Agreement and in <br />accordance with the provisions of Section 2.10 hereof, or (v) <br />in connection with any other change therein which, in the <br />judgment of Trustee, is not to the prejudice of Trustee or <br />the Bondholders. <br />Section 12.02. Amendments to Agreement Recruiring Con- <br />sent of Bondholders. Except for the amendments, changes or <br />modifications as provided in Section 12.01 hereof, neither <br />Issuer nar Trustee shall consent to any other amendment, <br />change or modification of the Agreement without mailing of <br />notice and the writtex~ approval or consent of the holders of <br />not less than two-thirds (2/3) in aggregate principal amount <br />of the Bonds at the time Outstanding given as in Section <br />13.01 provided, provided that the consent of the holders of <br />all Bonds Outstanding is required for any amendment, change <br />or modification of the Agreement that would permit the termi- <br />nation or canceli.atian of the Agreement or a reduction in or <br />postponement of the payments under the Agreement or any <br />change in the provisions relating to the payment thereunder. <br />If at any time Issuer and Comgany shall request the consent <br />of Trustee to any such proposed amendment, change or modifi- <br />cation of the Agreement, Trustee shall, upon being satisfac- <br />torily indemnified with respect to expenses, cause notice of <br />such proposed amendment, change or modification to be given <br />in the same manner as provided by Section li.fl2 .hereof with <br />respect to supplemental indentures. Such notice shall <br />briefly set forth the nature of such proposed amendment, <br />change or modification and shall state that copies of the <br />instrument embodying the same are on file at the principal <br />corporate trust office of Trustee for inspection by all <br />Bondholders. <br />-~6- <br /> <br /> <br /> <br />
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