04-14-2021 Council Packet - Laserfiche WebLink

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13068670v2 49 (1) to give any notice to the Issuer or to the Trustee, or to give any direction to the Trustee, or to make any request of the Trustee, or to consent to the waiving of any default hereunder and its consequences, or to take any other action authorized to be taken by Bondholders pursuant to any of the provisions of Article VII hereof; (2) to remove the Trustee or appoint a successor Trustee pursuant to the provisions of Article VIII hereof; (3) subject to Article XI hereof, to consent to the execution of an indenture or indentures supplemental hereto; (4) subject to Article XII hereof, to consent to any amendment of the Loan Agreement, the Mortgage or the Guaranty or to any instrument supplemental thereto; or (5) to take any other action authorized to be taken by or on behalf of the Holders of any percentage of the outstanding Bonds under any other provisions of this Indenture or under applicable law. Any Bondholders’ meeting may be called and held as follows: (a) A meeting of Bondholders may be held at such place within the Issuer or in the Issuer where the Trustee has its principal office as the Trustee or, in case of its failure to act, the Issuer or Bondholders calling the meeting shall prescribe. (b) Notice of every meeting of Bondholders, setting forth the time and place of such meeting and in general terms the action proposed to be taken at such meeting, shall be published at least three (3) times in a Financial Journal, the first publication to be not less than 20 nor more than 180 days prior to the date fixed for the meeting. At the time of the first publication of such notice, the Trustee shall also mail, postage prepaid, a copy of such notice to each owner of registered Bonds. Any failure of the Trustee to mail such notice, or any defect therein shall not, however, in any way impair or affect the validity of any such meeting. If all the Bonds outstanding are registered Bonds, no such notice need be given except notice by mail as hereinabove provided. (c) In case at any time the Issuer, pursuant a Certified Resolution, or the Holders of at least ten percent (10%) in aggregate principal amount of the Bonds then outstanding, shall have requested the Trustee to call a meeting of the Bondholders, by written request setting forth in reasonable detail the action proposed to be taken at the meeting, and the Trustee shall not have made the first giving of the notice of such meeting within 20 days after receipt of such request, then the Issuer or the Holders of Bonds in the amount above specified may call such meeting to take any action authorized in this Section by giving notice thereof as provided in paragraph (b) of this Section. (d) Only a Holder of one or more Bonds or a person appointed as proxy by an instrument in writing of such Holder shall be entitled to vote at or to participate with their