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81006050
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Last modified
1/14/2010 11:27:18 PM
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1/14/2010 11:25:20 PM
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81006050
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<br />2A4 <br />o l '~- ~) (i 6 ~ 5'~ <br />ARTICLE XII. <br />Supplemental Leases <br />Section 1201. Su lemental Leases Without Bondholder <br />Consent. The Issuer and the Trustee (w1 out the consent of <br />Bonclholder3) may, from time to time and at any time, consent <br />to such supplemental lease agreements supplementing the <br />Lease as shall not he inconsistent with the terms and <br />provisions of the Lease or this Indenture and, in the <br />opinion of the Issuer and the Trustee, shall not be <br />detrimental to t'ie interests of the Bondholders. Such <br />supplemental lease agreements shall be duly executed by the <br />Company and the Issuer with the approval of the Trustee <br />endorsed thereon, and shall thereafter form apart thereof: <br />(a) to cure any ambiguity or formal defect or omission <br />in the Lease or in any supplemental lease agreement; or <br />(b) to identify mare precisely the equipment, <br />buildings, machinery and furnishing forming a part of the <br />Project under the Lease or to substitute or add additional <br />equipment, buildings, machinery and furnishings in <br />accordance with the Lease; or <br />(c) to grant to or confer upon the Trustee for the <br />benefit of the Bondholders any additional rights, remedies, <br />powers, authority or security that may lawfully be granted <br />to or conferred -upon the Bondholders or the Trustee; ar <br />(d) to provide for the provision of Additional <br />improvements and the issuance of Additional Bonds, or the <br />issuance of Additional Bonds to complete the payment of the <br />cost of Additional Improvements, pursuant to Section 210 of <br />this Indenture; or <br />(e) to provide for the release of land pursuant to <br />Section 715 hereof. <br />erection 1202. Su lem~ntal Leases R irin Bondholder <br />Consent. Subject to a pxov~sions o Section S 7. o this <br />In'~cehture and except for supplemental lease agreementw <br />provided for in Section 1201 of tl~,~s Article or amendiaents <br />to the Lease as provided in Section 11.03 of the Lease or as <br />provided for in Article II of this Indenture, neither the <br />Issuer nor the Trustee shall consent to any supplemental <br />lease agreement or amendment to the Lease unless the holders <br />of not less than sixty-six and two-thirds percent (66 2/3~) <br />in aggregate principal amount of the Bonds then outstanding <br />shall have consented to and approved the execution thereof; <br />provided, that the Trustee shall be entitled to exercise its <br />discretion in consenting or not consenting to any such <br />supplemental lease agreement or amendment in the same manner <br />as provided in Section 1104 of this Indenture in the case of <br />supplemental indentures. <br />76 <br />I <br />J <br /> <br />
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