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8/7/2001
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8/7/2001
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Last modified
5/25/2021 1:57:47 PM
Creation date
9/25/2015 4:25:38 PM
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Meetings
Meeting Type
BCC
Document Type
Migration
Meeting Date
08/07/2001
Archived Roll/Disk#
2279
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The Bond Insurer shall be included as a party in interest and as a party entitled to (i) notify <br />the Issuer or any Paying Agent of the occurrence of an Event of Default and (ii) request the Issuer <br />or any Paying Agent to intervene in judicial proceedings that affect the Bonds or the security therefor. <br />The Issuer and any Paying Agent are required to accept notice of default from the Bond Insurer. <br />Anything in this Resolution to the contrary notwithstanding, upon the occurrence and <br />continuance of an Event of Default, the Bond Insurer shall be entitled to control and direct the <br />enforcement of all rights and remedies granted to the Bondholders under this Resolution and the <br />Bond Insurer shall also be entitled to approve all waivers of events of default. <br />SECTION 22. AMENDING AND SUPPLEMENTING OF RESOLUTION WITHOUT <br />CONSENT OF HOLDERS OF BONDS. The Issuer from time to time and at any time and <br />without the consent or concurrence of any Holder of any Bonds but with the prior written consent <br />of the Bond Insurer, may adopt a resolution amendatory hereof or supplemental hereto, if the <br />provisions of such supplemental resolution shall not adversely affect the rights of the Holders of the <br />Bonds then Outstanding, for any one or more of the following purposes: <br />(A) To make any changes or corrections in this Resolution as to which the Issuer shall have <br />been advised by counsel that are required for the purpose of curing or correcting any ambiguity or <br />defective or inconsistent provisions or omission or mistake or manifest error contained in this <br />Resolution, or to insert in this Resolution such provisions clarifying matters or questions arising under <br />this Resolution as are necessary or desirable; <br />(B) To add additional covenants and agreements of the Issuer for the purpose of further <br />securing the payments of the Bonds; <br />(C) To surrender any right, power or privilege reserved to or conferred upon the Issuer <br />by the terms of this Resolution; <br />(D) To confirm as further assurance any lien, pledge or charge or the subjection to any lien, <br />pledge or charge, created or to be created by the provisions of this Resolution; <br />(E) To grant to or confer upon the Holders any additional right, remedies, powers, <br />authority or security that lawfully may be granted to or conferred upon them; <br />(F) To assure compliance with federal "arbitrage" provisions in effect from time to time; <br />and <br />(G) To modify any of the provisions of this Resolution in any other aspects provided that <br />such modifications shall not be effective until after the Bonds Outstanding at the time such <br />supplemental resolution is adopted shall cease to be Outstanding, or until the holders thereof consent <br />thereto pursuant to Section 23 hereof, and any Bonds issued subsequent to any such modification <br />shall contain a specific reference to the modifications contained in such supplemental resolution. <br />Except for supplemental resolutions providing for the issuance of Bonds pursuant hereto, the <br />Issuer shall not adopt any supplemental resolution authorized by the foregoing provisions of this <br />Section unless in the opinion of Bond Counsel the adoption of such supplemental resolution is <br />permitted by the foregoing provisions of this Section. <br />SECTION 23. AMENDMENT OF RESOLUTION WITH CONSENT OF HOLDERS <br />OF BONDS. Except as provided in Section 22 hereof no material modification or amendment of <br />this Resolution or of any resolution supplemental hereto shall be made without the consent in writing <br />of the Holders of fifty-one percent or more in the principal amount of the Bonds so affected and then <br />Outstanding. For purposes of this Section to the extent any Bonds are insured by a policy of <br />AUGUST 7, 2001 BK 1 9 PG 1 0 9 <br />-94- <br />
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