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COM 1109.000 2020-2022
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COM 1109.000 2020-2022
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Last modified
11/10/2022 11:36:40 AM
Creation date
11/9/2022 11:12:52 AM
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Communications
Communications - Type
COM
Communications - Council Term
2020-2022
Communication
1109
Point
000
Author
Deanna S. Sako, Director of Finance
Communications - Referred To
COUNCIL
Document Relationships
AGE COUNCIL 2022-11-16 2020-2022
(Related To)
Path:
\Council Records\Agendas\2020-2022\Council
RES 618 Draft 01 2020-2022
(Related To)
Path:
\Council Records\Resolutions\2020-2022
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(c) Any provisions hereof to the contrary notwithstanding, it is expressly understood that <br /> the County's covenants to collect and enforce the liens of Special Taxes under this Indenture are <br /> subject to bankruptcy, insolvency, reorganization, arrangement, fraudulent conveyance, moratorium <br /> and other laws relating to or affecting creditors' rights, to the application of equitable principles and <br /> exercise of judicial discretion, and to applicable limitations on collection of taxes and foreclosure <br /> sales with respect to properties in which the federal government or any federal agency has or obtains <br /> an interest. <br /> Section 5.4. Continuing Disclosure and Reporting Requirements. The County <br /> covenants to comply with the terms of the Continuing Disclosure Agreement executed by it on the <br /> Delivery Date of the 2022 Bonds with respect to compliance with Rule 15c2-12 of the Securities and <br /> Exchange Commission, provided that the failure of the County to comply with the terms of said <br /> Continuing Disclosure Agreement shall not constitute an event of default under Article VIII hereof. <br /> ARTICLE VI <br /> AMENDMENTS TO INDENTURE <br /> Section 6.1. Supplemental Indentures or Orders Not Requiring Owner Consent. The <br /> County and Trustee may from time to time, and at any time, without notice to or consent of any of <br /> the Bondowners, enter into Supplemental Indentures in order to provide for the issuance of Parity <br /> Bonds pursuant to Section 2.12 hereof and for any of the following purposes: <br /> (a) to cure any ambiguity, to correct or supplement any provisions herein which may be <br /> inconsistent with anyotherprovision herein, or to make anyotherprovision with respect to matters <br /> orquestions arisingunder this Indenture or in anyadditional resolution or order, provided that such <br /> action is not materially adverse to the interests of the Bondowners; <br /> (b) to add to the covenants and agreements of and the limitations and the restrictions <br /> upon the County contained in this Indenture, other covenants, agreements, limitations and restrictions <br /> to be observed by the County which are not contrary to or inconsistent with this Indenture as <br /> theretofore in effect or which further secure Bond payments; <br /> (c) to modify, amend or supplement this Indenture or any Supplemental Indenture in <br /> such manner as to permit the qualification hereof or thereof under the Trust Indenture Act of 1939, as <br /> amended, or any similar federal statute hereafter in effect, or to comply with the Tax Code or <br /> regulations issued thereunder, and to add such other terms, conditions and provisions as may be <br /> permitted by said act or similar federal statute, and which shall not materially adversely affect the <br /> interests of the Owners of the Bonds then Outstanding; or <br /> (d) to modify, alter or amend the RMA in any manner so long as such changes do not <br /> reduce the Maximum Special Tax that may be levied in each year on Taxable Property within the <br /> District to an amount which is less than that permitted under Section 5.2(g) hereof; or <br /> (e) to modify, alter, amend or supplement this Indenture in any other respect which is not <br /> materially adverse to the Bondowners. <br /> Section 6.2. Supplemental Indentures or Orders Requiring Owner Consent. <br /> Exclusive of the Supplemental Indentures described in Section 6.1 hereof, the Owners of not less <br /> than a majority in aggregate principal amount of the Bonds Outstanding shall have the right to <br /> 42 <br />
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