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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• Section 1202. Supplemental Indentures Requiring Consent of Bondholders. Subject to the <br /> terms and provisions contained in this Section, and not otherwise, the holders of not less than two <br /> thirds(2/3)in aggregate principal amount of the Bonds then outstanding shall have the right, from <br /> time to time, anything contained in this Indenture to the contrary notwithstanding to consent to and <br /> approve the execution by the Issuer and the Trustee of such indenture or indentures supplemental <br /> hereto as shall be deemed necessary and desirable by the Issuer for the purpose of modifying, <br /> altering, amending, adding to or rescinding, in any particular, any of the terms or provisions <br /> contained in this Indenture or in any supplemental indenture;provided,however,that nothing herein <br /> contained shall permit,or be construed as permitting,without the consent and approval of the holders <br /> of all of the Bonds then outstanding(a)an extension of the maturity(or mandatory redemption date) <br /> of the principal of or the interest on any Bond issued hereunder, or(b) a reduction in the principal <br /> amount of or rate of interest on any Bond issued hereunder, or(c) the creation of any lien ranking <br /> prior to or on a parity with the lien of this Indenture on the Trust Estate or any part thereof, except <br /> as hereinbefore expressly permitted, or (d) a privilege or priority of any Bond or Bonds over any <br /> other Bond or Bonds,or(e)a reduction in the aggregate principal amount of the Bonds required for <br /> consent to such supplemental indenture, or(f) deprive the holder of any Bond then outstanding of <br /> the lien hereby created on the Trust Estate. Nothing herein contained,however, shall be construed <br /> as making necessary the approval of bondholders of the execution of any supplemental indenture as <br /> provided in Section 1201 of this Article. <br /> If, at any time the Issuer shall request the Trustee to enter into any supplemental indenture <br /> • for any of the purposes of this Section, the Trustee shall, at the expense of the Issuer, cause notice <br /> of the proposed execution of such supplemental indenture to be mailed by first class mail to each <br /> registered owner of the Bonds. Such notice shall briefly set forth the nature of the proposed <br /> supplemental indenture and shall state that copies thereof are on file at the principal office of the <br /> Trustee for inspection by bondholders. The Trustee shall not, however, be subject to any liability <br /> to any bondholder by reason of its failure to mail such notice, and any such failure shall not affect <br /> the validity of such supplemental indenture when consented to and approved as provided in this <br /> Section. If the holders of not less than two-thirds(2/3)in aggregate principal amount of the Bonds <br /> outstanding at the time of the execution of any such supplemental indenture shall have consented to <br /> and approved the execution thereof as herein provided,no holder of any Bond shall have any right <br /> to object to any of the terms and provisions contained therein, or the operation thereof, or in any <br /> manner to question the propriety of the execution thereof,or to enjoin or restrain the Trustee or the <br /> Issuer from executing the same or from taking any action pursuant to the provisions thereof. Upon <br /> the execution of any such supplemental indenture,this Indenture shall be deemed to be modified and <br /> amended in accordance therewith. <br /> Section 1203. Consent of Company. Anything herein to the contrary notwithstanding, a <br /> supplemental indenture under this Article XII shall not become effective unless and until the <br /> Company shall have consented to the execution and delivery of such supplemental indenture. In this <br /> regard, the Trustee shall cause notice of the proposed execution and delivery of any such <br /> supplemental indenture together with a copy of the proposed supplemental indenture to be mailed <br /> by certified or registered mail to the Company at least fifteen (15) days prior to the proposed date <br /> O <br /> 36 <br />
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