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Financing- Trust Agreement
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Last modified
9/19/2012 3:45:36 PM
Creation date
9/9/2011 4:19:16 PM
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Building
RecordID
10242
Title
Financing- Trust Agreement
Company
Marion County
BLDG Date
10/7/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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~ (d) a reduction in the ag~regate principal amount of the Certificates required for <br />2 consent to such Supplemental Agreement or Agreement amendment; <br />~ <br />~ (e) a release of any Security for any Certificates except as otherwise expressly <br />~ perniitted by this Agreement or the Agreement; or <br />6 <br />~ (~ an amendment of this Article VII. <br />8 <br />9 SECTION 703. MANNER OF OBTAINING O~VNERS' CONSENT TO AMEND.NIENTS; FAILI~RE <br />~o TO OBJECT DEEMED CONSENT. If at any time the County shall request the consent of the Trustee <br />I i to any such proposed amendment of this Agreement, the Trustee shall, upon being satisfactorily <br />12 indemnified with respect to eYpenses, cause: <br />t3 <br />I4 (1) a copy of the proposed amendment to be delivered to the Insurer not less than 30 <br />~~ days prior to the proposed effective date thereof, which copy shall be accompanied by a <br />~6 request for the Insurer to consider consentin~~ in writing to the execution, delivery~ and <br />~ 7 effectiveness of such proposed amendment; and <br />18 <br />19 (2) notice of such proposed amendment to be given by first-class mail to the Owners <br />20 of the Outstanding Certificates affected thereby at the address shown on the registration <br />? ~ books maintained by the Trustee. <br />~~ <br />23 Such notice to the Owners shall briefly set forth the nature of such proposed amendment, shall state <br />2~t that copies of the instrument embodying the same are on file at the corporate tn-st operations office <br />'_> of the Trustee for inspection by all Owners and shall expressly state that the failure of the requisite <br />26 number of Owners to protest or object in writing as provided below shall constitute consent. <br />~~ <br />28 As used in this section, the term "Requisite Percentage" shall mean, with respect to a <br />29 particular amendment to this Agreement, that minimum percentage of the aggregate principal amount <br />30 of the Outstanding Certificates affected by such amendment, the consent of the Owners of which is <br />3 l required under the temis of this Agreement to approve such amendment. If within 60 days following <br />32 the giving of such notice or such longer period as shall be prescribed by the Trustee, the Owners of <br />33 not less than the Requisite Percentage in aggregate principal amount of the Outstanding Certificates <br />3~ affected by such amendment shall have consented to and approved the execution thereof as herein <br />35 provided, no Owner of any Certificate shall have any right to object to any of the terms and <br />36 provisions contained therein, or the operation thereof, or in any manner to question the propriety of <br />37 the execution thereof, or to enjoin or restrain the Trustee, the County or the County from executing <br />38 the same or from taking any action pursuant to the provisions thereof. The Owners of the Requsitie <br />39 Percenta~ie of the aggregate principal amount of the Outstanding Certificates affected by any such <br />a0 amendment shall be deemed to have consented to and approved the adoption of such amendments <br />4~ if the Trustee does not receive letters of protest or objection thereto signed by or on behalf of the <br />~? Owners of not less than the Requisite Percentage of the aggregate principal amount of the <br />43 Outstanding Certificates affected by such amendment on or before 3:30 p.m. local time at the <br />FINANCING AND TRUST AGREEMENT PAGE 4G <br />
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