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other obligations of the Hays Caldwell Public Utility Agency including all obligations pursuant to <br /> the Contract); and <br /> WHEREAS, the Agency and the Sponsors wish to revise the Contract to authorize the <br /> Agency to issue notes or other instruments or evidence of indebtedness in anticipation of, and <br /> payable in whole or in part from, proceeds from the sale of future Bonds or other such notes, <br /> instruments or evidence of indebtedness ("Bond Anticipation Note(s)"),which may be issued as a <br /> single series(with a single interest rate) or as separate series of each Sponsor requesting financing <br /> by the Agency (with a separate interest rate for each such Sponsor), in such form as now or <br /> hereafter authorized by law. pursuant to Amendment No. 2 to the Contract in substantially the <br /> form attached hereto as Exhibit "A" ("Amendment No. 2"); and <br /> WHEREAS, the Board of Directors of the Agency (the "Board") wishes to approve and <br /> authorize the execution of Amendment No. 2 as set forth more fully therein and in this Resolution; <br /> and <br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF <br /> THE ALLIANCE REGIONAL WATER AUTHORITY THAT: <br /> Section 1. RECITALS AND DEFINITIONS. The findings made in the recitals to this <br /> Resolution are incorporated herein and made a part of this Resolution for all purposes. All terms <br /> that are defined in the Contract (and not otherwise defined herein or in Amendment No. 2) shall <br /> have those same definitions in this Resolution and in Amendment No. 2. <br /> Section 2. CONTRACT AMENDMENT. Amendment No. 2 in substantially the form <br /> attached hereto as Exhibit "A" is hereby approved and the execution thereof is hereby authorized, <br /> with such changes as approved by the Agency's President, Vice President, Executive Director or <br /> other authorized representatives. The Agency's President,Vice President,Executive Director and <br /> other authorized representatives are hereby authorized to do all things necessary or appropriate to <br /> effectuate the intent of this Resolution or Amendment No. 2. All other provisions of the Contract <br /> not amended by Amendment No. 2 remain in full force and effect. <br /> Section 4. IMMEDIATE EFFECT. This Resolution shall take effect immediately from <br /> and after its adoption in accordance with the law. <br /> 2 <br /> ARWA\BAN 2023: Resolution Authorizing Amendment 2 <br /> 78 <br />