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Res 2023-208R approving a Resolution by the Board of Directors of the Alliance Regional Water Authority authorizing the issuance of Alliance Regional Water Authority bond anticipation note (Regional Water Supply Contract Project), Series 2023
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Res 2023-208R approving a Resolution by the Board of Directors of the Alliance Regional Water Authority authorizing the issuance of Alliance Regional Water Authority bond anticipation note (Regional Water Supply Contract Project), Series 2023
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Resolutions
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Approving
Number
2023-208
Date
12/19/2023
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(6) Change the minimum percentage of the outstanding principal amount of the Note <br /> necessary for consent to such amendment. <br /> (c) Notice. (i) If at any time the Board shall desire to amend this Resolution other than <br /> pursuant to (a) above, the Board shall cause notice of the proposed amendment to be published in <br /> a financial newspaper or journal of general circulation in The City of New York, New York <br /> (including but not limited to,the Bond Buyer and The Wall Street Journal) or the State (including <br /> but not limited to the Texas Bond Reporter) once during each calendar week for at least two (2) <br /> successive calendar weeks. Such notice shall briefly set forth the nature of the proposed <br /> amendment and shall state that a copy thereof is on file at the principal office of the Paying <br /> Agent/Registrar for inspection by all owners of the Note. Such publication is not required, <br /> however, if the Board gives or causes to be given such notice in writing to each Registered <br /> Owner of the Note. <br /> (d)Receipt of Consents. Whenever at any time not less than thirty (30) days, and within <br /> one (1) year, from the date of the first publication of said notice or other service of written notice <br /> of the proposed amendment the Board shall receive an instrument or instruments executed by all <br /> of the owners or the owners of at least 51% in outstanding principal amount of the Note, as <br /> appropriate, which instrument or instruments shall refer to the proposed amendment described in <br /> said notice and which specifically consent to and approve such amendment in substantially the <br /> form of the copy thereof on file as aforesaid, the Board may adopt the amendatory resolution in <br /> substantially the same form. <br /> (e) Effect of Amendments. Upon the adoption by the Board of any resolution to amend <br /> this Resolution pursuant to the provisions of this Section, this Resolution shall be deemed to be <br /> amended in accordance with the amendatory resolution, and the respective rights, duties, and <br /> obligations of the Board and all the owners of the Note shall thereafter be determined, exercised, <br /> and enforced under the resolution and this Resolution, as amended. <br /> (f) Consent Irrevocable. Any consent given by any owner of the Note pursuant to the <br /> provisions of this Section shall be irrevocable for a period of six (6) months from the date of the <br /> first publication or other service of the notice provided for in this Section and shall be conclusive <br /> and binding upon all future owners of the same Note during such period. Such consent may be <br /> revoked at any time after six (6) months from the date of the first publication of such notice by <br /> the owner who gave such consent, or by a successor in title, by filing notice thereof with the <br /> Registrar and the Board, but such revocation shall not be effective if the owners of 51% in <br /> outstanding principal amount of the Note, prior to the attempted revocation, consented to and <br /> approved the amendment. <br /> (g) Ownership. For the purpose of this Section, the ownership and other matters relating <br /> to all Notes registered as to ownership shall be determined from the Registration Books kept by <br /> the Paying Agent/Registrar therefor. The Paying Agent/Registrar may conclusively assume that <br /> such ownership continues until written notice to the contrary is served upon the Paying <br /> Agent/Registrar. <br /> Section 19. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON <br /> THE NOTE. (a) Covenants. The Authority covenants to take any action necessary to <br /> ARWA\BAN\2023:Authorizing Resolution 14 <br />
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