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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• ARTICLE XIII <br /> AMENDMENT TO LEASE AGREEMENT <br /> Section 1301. Amendments Not Requiring Consent of Bondholders. The Trustee may from <br /> time to time, and at any time, consent to any amendment, change or modification of the Lease <br /> Agreement for the purpose of curing any ambiguity or formal defector omission or making any other <br /> change therein,which in the reasonable judgment of the Trustee is not to the prejudice of the Trustee <br /> or the holders of the Bonds. The Trustee shall not consent to any other amendment, change or <br /> modification of the Lease Agreement without the approval or consent of the holders of not less than <br /> two-thirds (2/3) in aggregate principal amount of the Bonds at the time outstanding, evidenced in <br /> the manner provided in Section 1401 hereof. <br /> Section 1302. Amendments Requiring Consent of Bondholders. If at any time the Issuer or <br /> the Company shall request the Trustee's consent to a proposed amendment,change or modification <br /> requiring bondholder approval under Section 1301, the Trustee, shall, at the expense of the <br /> requesting party,cause notice of such proposed amendment,change or modification to be mailed in <br /> the same manner as provided by Section 1202 hereof with respect to supplemental indentures. Such <br /> notice shall briefly set forth the nature of such proposed amendment, change or modification and <br /> shall state that copies of the instrument embodying the same are on file in the principal office of the <br /> Trustee for inspection by any interested bondholder. The Trustee shall not,however,be subject to <br /> • any liability to any bondholder by reason of its failure to publish or mail such notice, and any such <br /> failure shall not affect the validity of such amendment, change or modification when consented to <br /> by the Trustee in the manner hereinabove provided. <br /> • <br /> 38 <br />
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