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annulment, or in case any suit, action or proceedings taken by the Trustee on account of any Event of
Default shall have been discontinued, abandoned or determined adversely to it, the Issuer, the Trustee and
the Holders shall be restored to their former positions and rights under the Indenture, respectively. No
waiver or rescission shall extend to any subsequent or other Event of Default or impair any right consequent
thereon.
Supplemental Indentures Not Requiring Consent of Holders
Without the written consent of, or notice to, any of the Holders, the Issuer and the Trustee may
enter into indentures supplemental to the Indenture for any one or more of the following purposes: (a) to
cure any ambiguity, inconsistency or formal defect or omission in the Indenture; (b) to grant to or confer
upon the Trustee for the benefit of the Holders any additional rights, remedies, powers or authority that
lawfully may be granted to or conferred upon the Holders or the Trustee; (c) to assign additional revenues
under the Indenture; (d) to accept additional security and instruments and documents of further assurance
with respect to the Project; (e) to add to the covenants, agreements and obligations of the Issuer under the
Indenture, other covenants, agreements and obligations to be observed for the protection of the Holders, or
to surrender or limit any right, power or authority reserved to or conferred upon the Issuer in the Indenture;
(f) to evidence any succession to the Issuer and the assumption by its successor of the covenants, agreements
and obligations of the Issuer under the Indenture, the Loan Agreement and the Bonds; (g) to permit the
Trustee to comply with any obligations imposed upon it by law; (h) to specify further the duties and
responsibilities of, and to define further the relationship among, the Trustee, the Registrar and any
Authenticating Agents or Paying Agents; (i) to achieve compliance of the Indenture with any applicable
federal securities or tax law; (j) to make amendments to the provisions of the Indenture relating to arbitrage
matters under Section 148 of the Code, if, in the Opinion of Bond Counsel, those amendments would not
cause the interest on the Bonds Outstanding to be included in gross income of the Holders for federal
income tax purposes which amendments may, among other things, change the responsibility for making the
relevant calculations, provided that in no event shall such amendment delegate to the Trustee without its
consent, the obligation to make or perform the calculations required under Section 148 of the Code; (k) to
maintain the rating then assigned to the Bonds; and (l) to permit any other amendment which is not
materially adverse to the Trustee or the Holders. However, the Trustee shall not be responsible for
determining if an amendment has an adverse effect on Holders.
The provisions of clauses (h) and (j) above shall not be deemed to constitute a waiver by the
Trustee, the Registrar, the Issuer or any Holder of any right which it may have in the absence of those
provisions to contest the application of any change in law to the Indenture or the Bonds.
Release of Indenture
If (a) the Issuer shall pay all of the Outstanding Bonds, or shall cause them to be paid and
discharged, or if there otherwise shall be paid to the Holders of the Outstanding Bonds, all Bond Debt
Service Charges due or to become due thereon, and (b) provision also shall be made for the payment of all
other sums payable under the Indenture, the Loan Agreement, the Regulatory Agreement and the
Promissory Note, then the Indenture shall cease, determine and become null and void (except for those
certain provisions surviving by reason of the Indenture in the event the Bonds are deemed paid and
discharged pursuant to the provisions described under the caption “Payment and Discharge of Bonds”
below), and the covenants, agreements and obligations of the Issuer under the Indenture shall be released,
discharged and satisfied.
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