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05-13-2020 Council Packet
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05-13-2020 Council Packet
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12316306v3 <br />-57- <br />ARTICLE XI <br />SUPPLEMENTAL INDENTURES <br />Section 11.01 Purposes for Which Supplemental Indentures may be Executed. The <br />Issuer, upon resolution, and the Trustee from time to time and at any time, subject to the <br />conditions and restrictions in this Indenture contained, may enter into such indentures <br />supplemental hereto as may or shall by them be deemed necessary or desirable without the <br />consent of any Bondholder for any one or more of the following purposes: <br />(a)To correct the description of any property hereby pledged or intended so to be, or <br />to assign, convey, pledge or transfer and set over unto the Trustee, subject to such liens or other <br />encumbrances as shall be therein specifically described, additional property or properties of the <br />Issuer or the Borrower for the equal and proportional benefit and security of the Holders and <br />owners of all Bonds at any time issued and outstanding under this Indenture, subject, however, to <br />the provisions hereinabove set forth with respect to extended Bonds; <br />(b)To add to the covenants and agreements of the Issuer in this Indenture contained <br />other covenants and agreements thereafter to be observed, or to surrender any right or power <br />reserved to or conferred upon the Issuer or to or upon any successor; <br />(c)To evidence the succession or successive successions of any other department, <br />agency, body or corporation to the Issuer and the assumption by such successor of the covenants, <br />agreements and obligations of the Issuer in the Bonds hereby secured and in this Indenture and in <br />any and every supplemental indenture contained or the succession, removal or appointment of <br />any trustee or paying agent hereunder; <br />(d)To cure any ambiguity or to correct or supplement any provision contained herein <br />or in any supplemental indentures which may be defective or inconsistent with any other <br />provision contained herein or in any supplemental indenture, or to make such other provisions in <br />regard to matters or questions arising under this Indenture or any supplemental indenture as the <br />Issuer may deem necessary or desirable and which shall not be inconsistent with the provisions <br />of this Indenture or any supplemental indenture and which shall not impair the security of the <br />same; <br />(e)To modify, eliminate and/or add to the provisions of this Indenture to such extent <br />as shall be necessary to effect the qualification of this Indenture under the Trust Indenture Act of <br />1939, as then amended, or under any similar Federal statute hereafter enacted, and to add to this <br />Indenture such other provisions as may be expressly permitted by said Trust Indenture Act of <br />1939, excluding, however, the provisions referred to in Section 316(a)(2) of said Trust Indenture <br />Act of 1939; and <br />(f)To provide for the issuance of Additional Bonds pursuant to Section 2.09 hereof. <br />Section 11.02 Execution of Supplemental Indenture. The Trustee is authorized to join <br />with the Issuer in the execution of any such supplemental indenture, to make the further <br />agreements and stipulations which may be therein contained, and to accept the conveyance, <br />transfer and assignment of any property thereunder, but the Trustee shall not be obligated to
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