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05-13-2020 Council Packet
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05-13-2020 Council Packet
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12316306v3 <br />-59- <br />and approved the execution thereof as herein provided, no Holder of any Bond shall have any <br />right to object to the execution of such supplemental indenture, or to object to any of the terms <br />and provisions contained therein or the operation thereof, or in any manner to question the <br />propriety of the execution thereof, or to enjoin or restrain the Trustee or the Issuer from <br />executing the same or from taking any action pursuant to the provisions thereof. <br />Section 11.05 Supplemental Indentures to be Part of Indenture. Any supplemental <br />indenture executed in accordance with any of the provisions of this Article shall thereafter form a <br />part of this Indenture; and all the terms and conditions contained in any such supplemental <br />indenture as to any provisions authorized to be contained therein shall be and be deemed to be <br />part of the terms and conditions of this Indenture for any and all purposes, and the respective <br />rights, duties and obligations under this Indenture of the Issuer, the Trustee and all Holders of <br />Bonds then outstanding shall thereafter be determined, exercised and enforced hereunder, subject <br />in all respects to such modifications and amendments. If deemed necessary or desirable by the <br />Trustee, reference to any such supplemental indenture or any of such terms or conditions thereof <br />may be set forth in reasonable and customary manner in the text of the Bonds or in a legend <br />stamped on the Bonds. <br />Section 11.06 Rights of Borrower Unaffected. Anything herein to the contrary <br />notwithstanding, a supplemental indenture under this Article XI which adversely affects the <br />rights of the Borrower under the Loan Agreement, the Mortgage, or this Indenture, so long as the <br />Loan Agreement and the Mortgage are in effect, shall not become effective unless and until the <br />Borrower shall have consented to the execution and delivery of such supplemental indenture. <br />The Trustee shall cause notice of the proposed execution and delivery of any such supplemental <br />indenture to the execution and delivery of which the Borrower has not already consented, <br />together with a copy of the proposed supplemental indenture, to be mailed to the Borrower at <br />least thirty (30) days prior to the proposed date of execution and delivery of any such <br />supplemental indenture. <br />[The balance of this page is intentionally left blank.]
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