201103788 - Laserfiche WebLink

Browse

201103788 Section 12.02. Except for amendments, changes or modifications as above provided in Section 12.01 of this Article, no amendment, change or modification of the Agreement shall be made without the consent of the registered owners of a11 of the bonds outstanding. No amendment, change or modification of the Payments due under the Agreement sha11 be made which would have the effect of reducing the amount of the Payments as due for each period so long as the Refunding Bonds rema.in outstanding. ARTICLE XIII MISCELLANEOUS Section 13.01. Any request, direction, consent or other instrument in writing required by this Indenture, or any supplement hereto, to be signed or executed by owners of bonds may be in any number of concurrent instruments of similar tenor and may be signed or executed by such owner in person or by an agent duly appointed by an instrument in writing. Proof of the execution of any such instrument and of the ownership of such bonds sha.11 be sufficient for any purpose of this Indenture and shall be conclusive in fa.vor of the Trustee and the Corporation with regard to any action taken by them under such instrument, if made in the following manner: (a) The fact and date of the execution by any person of any such instrument may be proved by the certifica.te of any officer in any jurisdiction who, by the laws thereo� •' has power to take acknowledgments of deeds to be recorded within such jurisdiction, to the effect that the person signing such instrument acknowledged to such officer the execution thereo� or by an affidavit of a witness to such execution. (b) The ownership of any bond and the amount and numbers and other descriptive details of such bonds and the dates of ownership of the same shall be established by the books of registration maintained by the Trustee. Section 13.02. This Indenture may be simultaneously executed in several counterparts, each of which shall be an original and all of which sha.11 constitute but one and the same instrument. This Indenture shall be governed by the laws of the State of Nebraska. Section 13.03. If any provisions of this Indenture shall be held or deemed to be or shall, in fact, be inoperative or unenforce,able as applied in any particular case, for any reason, such circumstance shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Indenture contained shall not affect the remaining portions of this Indenture or any part thereof. 27