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764
CITY-OF-BATESVILLE
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4/30/2019 2:22:19 PM
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Im <br />ARTICLE XIII <br />AMENDMENT OF LEASE AGREEMENT <br />Section 1301. The Trustee may from time to time, and at any time, but <br />not prior to thirty (30) days after publication of the , otice provided for in Section <br />1302 hereof, consent to any amer_dment, change or modification of the Lease <br />Agreement for the purpose of curing any ambiguity or formal defect or omission <br />or making any other cha ,ge therein_, which in the reasonable judgment of the <br />Trustee is not to the prejudice of the Trustee or the holders of the bonds. The <br />Trustee shall not consent to any other amendment, change or mouification of <br />the Lease Agreement without the prior approval or consent of the holders of <br />not less than two-thirds (2/3) in aggregate principal amount of the bonds at <br />the time outstanding, evidenced in the manner provided in Section 1401 hereof. <br />Section 1302. If at any time the City or Lessee under the Lease Agree - <br />meat shall request the Trustee's consent to a proposed amendment, change or <br />modification requiring bondholder approval under Section 1301, the Trustee <br />shall, at the expense of the requesting party, cause notice of such proposed <br />amendment, charge or modification to be published one time in a newspaper <br />of ger_eral circulation published in the City of Little Rock, Arkansas. Such <br />notice shall briefly set forth the nature of such proposed amendment, change <br />or modification and shall state that copies of the instrument embodying the <br />same are on file in the principal office of the Trustee for inspection by any <br />interested bondholder. The Trustee shall not, however, be subject to any <br />liability to any bondholder by reason of its failure to publish such notice, and <br />any such failure shall not affect the validity of such amendment, change or <br />modification ,, hen co serted to by the Trustee in the manner hereinabove <br />provided. <br />
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