Common use of Supplemental Indentures with Consent of Owners Clause in Contracts

Supplemental Indentures with Consent of Owners. (a) Except for any Supplemental Indenture entered into pursuant to Section 12.02 hereof, subject to the terms and provisions contained in this Section 12.03 and Section 12.05 and not otherwise, Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding which would be adversely affected thereby shall have the right from time to time to consent to and approve the execution and delivery by the Pollution Control Corporation and the Trustee of any Supplemental Indenture deemed necessary or desirable by the Pollution Control Corporation for the purposes of modifying, altering, amending, supplementing or rescinding, in any particular, any of the terms or provisions contained in this Indenture; provided, however, that, unless approved in writing by the Owners of all the Bonds then Outstanding which would be adversely affected thereby, nothing herein contained shall permit, or be construed as permitting, (i) a change in the times, amounts or currency of payment of the principal of or premium, if any, or interest on any Outstanding Bond, a reduction in the principal amount or redemption price of any Outstanding Bond or a change in the rate of interest thereon, or any impairment of the right of any Owner to institute suit for the payment of any Bond owned by it, or (ii) the creation of a claim or lien upon, or a pledge of, the Receipts and Revenues of the Pollution Control Corporation from the Loan Agreement ranking prior to or on a parity with the claim, lien or pledge created by this Indenture (except as referred to in Section 10.04 hereof), or (iii) a preference or priority of any Bond or Bonds over any other Bond or Bonds, or (iv) a reduction in the aggregate principal amount of Bonds the consent of the Owners of which is required for any such Supplemental Indenture or which is required, under Section 12.07 hereof, for any modification, alteration, amendment or supplement to the Loan Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Tucson Electric Power Co), Loan Agreement (Tucson Electric Power Co)

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Supplemental Indentures with Consent of Owners. (a) Except for any Supplemental Indenture supplemental indenture permitted to be entered into pursuant to Section 12.02 hereof11.02 hereof without the consent of the Owners of the Bonds, subject to the terms and provisions contained in this Section 12.03 and Section 12.05 and not otherwise11.03, the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding Outstanding, which would be adversely affected thereby thereby, shall have the right from time to time to consent to and approve the execution and delivery by the Pollution Control Corporation Issuer and the Trustee of any Supplemental Indenture supplemental indenture deemed necessary or desirable by the Pollution Control Corporation Issuer or the Trustee for the purposes of modifying, altering, amending, supplementing or rescinding, in any particular, any of the terms or provisions contained in this Indenture; provided, however, that, unless approved in writing by the Owners of all the Bonds then Outstanding which would be adversely affected thereby, nothing herein contained shall permit, or be construed as permitting, (i) a change in the times, amounts times or currency of payment of the principal of of, or premium, if any, or interest on on, any Outstanding Bond, Bond or a reduction in the principal amount or redemption price of any Outstanding Bond of, or a change in the rate of interest thereonon, or any impairment of the right of any Owner to institute suit for the payment of any Bond owned by itOutstanding Bond, or (ii) the creation of a claim or lien upon, or a pledge of, the Receipts and Revenues of the Pollution Control Corporation Issuer from the Loan Agreement and other moneys pledged to secure the Bonds ranking prior to or on a parity with the claim, lien or pledge created by this Indenture (except as referred to in Section 10.04 hereof)Indenture, or (iii) a preference or priority of any Bond or Bonds over any other Bond or Bonds, or (iv) a reduction in the aggregate principal amount of Bonds the consent of the Owners of which is required for any such Supplemental Indenture supplemental indenture or which is required, under Section 12.07 11.07 hereof, for any modification, alteration, amendment amendment, or supplement to the Loan Agreement.

Appears in 2 contracts

Samples: Indenture of Trust (Northwestern Corp), Indenture of Trust (Northwestern Corp)

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Supplemental Indentures with Consent of Owners. (a) Except for any Supplemental Indenture entered into pursuant to Section 12.02 hereof, subject to the terms and provisions contained in this Section 12.03 and Section 12.05 and not otherwise, Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding which would be adversely affected thereby shall have the right from time to time to consent to and approve the execution and delivery by the Pollution Control Corporation Authority and the Trustee of any Supplemental Indenture deemed necessary or desirable by the Pollution Control Corporation Authority for the purposes of modifying, altering, amending, supplementing or rescinding, in any particular, any of the terms or provisions contained in this Indenture; provided, however, that, unless approved in writing by the Owners of all the Bonds then Outstanding which would be adversely affected thereby, nothing herein contained shall permit, or be construed as permitting, (i) a change in the times, amounts or currency of payment of the principal of or premium, if any, or interest on any Outstanding Bond, a reduction in the principal amount or redemption price of any Outstanding Bond or a change in the rate of interest thereon, or any impairment of the right of any Owner to institute suit for the payment of any Bond owned by it, or (ii) the creation of a claim or lien upon, or a pledge of, the Receipts and Revenues of the Pollution Control Corporation Authority from the Loan Agreement ranking prior to or on a parity with the claim, lien or pledge created by this Indenture (except as referred to in Section 10.04 hereof), or (iii) a preference or priority of any Bond or Bonds over any other Bond or Bonds, or (iv) a reduction in the aggregate principal amount of Bonds the consent of the Owners of which is required for any such Supplemental Indenture or which is required, under Section 12.07 hereof, for any modification, alteration, amendment or supplement to the Loan Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Tucson Electric Power Co), Loan Agreement (Tucson Electric Power Co)

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