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Ord 2012-014
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Ord 2012-014
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8/13/2012 2:19:28 PM
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8/13/2012 2:17:36 PM
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required by any other provision of this Ordinance that authorizen amendment) of the <br />outstanding Bonds consent to such amendment or (B) a person thats unaffiliated with the City (such <br />as nationally recognized bond counsel) determines that such amen will not materially impair the <br />interests of the holders and beneficial owners of the Bonds. If City so amends the provisions of <br />this Section, it shall include with any amended financial information or operating data next provided <br />in accordance with this Section an explanation, in narrative forasons for the amendment <br />and of the impact of any change in the type of financial information or operating data so provided. <br />The City may also amend or repeal the provisions of this continuing disclosure requirement if the SEC <br />amends or repeals the applicable provisions of the Rule or a court of final jurisdiction enters judgment <br />that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this <br />sentence would not prevent an underwriter from lawfully purchasi or selling the Bonds in the <br />primary offering of the Bonds. <br />. The City hereby reserves the right to <br />Section 17. AMENDMENT OF ORDINANCE <br />amend this Ordinance subject to the following terms and conditions, to-wit: <br />(a)The City may from time to time, without the consent of the Registered Owner, except <br />as otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) <br />cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the <br />interests of the holders, (ii) grant additional rights or securinefit of the holders, (iii) add <br />events of default as shall not be inconsistent with the provisio of this Ordinance and that shall not <br />materially adversely affect the interests of the holders, (v) qualify this Ordinance under the Trust <br />Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time <br />in effect, or (iv) make such other provisions in regard to matters or questions arising under this <br />Ordinance as shall not be inconsistent with the provisions of the and that shall not in the <br />opinion of the City's Bond Counsel materially adversely affect tnterests of the holders. <br />(b)Except as provided in paragraph (a) above, the Registered Ownll have the right <br />from time to time to approve any amendment hereto that may be decessary or desirable by <br />the City; provided, however, that without the consent of the Registered Owner, nothing herein <br />contained shall permit or be construed to permit amendment of the terms and conditions of this <br />Ordinance or in the Bond so as to: <br /> (1)Make any change in the maturity of the Bond; <br /> (2)Reduce the rate of interest borne by the Bond; <br /> (3)Reduce the amount of the principal of, or redemption premium, if any, payable <br />on the Bond; <br /> (4)Modify the terms of payment of principal or of interest or rdemption <br />premium on the Bond or impose any condition with respect to sucnt; or <br />28 <br />San Marcos GORB 2012 - Delegated: Ordinance <br /> <br />
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