The Issuer shall notify the Trustee and any related Credit Facility Provider in writing of any proposed amendments to any Remarketing Agreement or Tender Agent Agreement.
The making and performance of the Sublease, the Remarketing Agreement, the Credit Agreement, the Tender Agent Agreement and the Pledge Agreement on the Company's part have been duly authorized by all necessary corporate action and will not conflict with or constitute a breach of or default under its Articles of Incorporation, By-Laws or any bond, contract, indenture, agreement or any other instrument by which the Company or its property is bound.
In the event a Liquidity Facility is obtained, the Tender Agent Agreement and Remarketing Agreement shall contain provisions providing for notice to the Liquidity Provider of tenders and of its obligations under the Liquidity Facility to the same extent as notice thereof is required therein to be provided to the City and such other changes as shall be necessary or appropriate to reflect the existence of the Liquidity Facility.
Such successor Tender Agent must execute a Tender Agent Agreement having substantially the same terms as the Tender Agent Agreement to be attached to this Ordinance as Exhibit E.
The terms and provisions of each Tender Agent Agreement shall be determined by the Department Representative, and a Department Representative is further authorized to approve any changes in the form of such agreement to reflect such terms and provisions and to approve the form of and execute on behalf of the Commission any other agreement(s) or instruments that may be necessary to carry out the purposes of, or required by, this Supplemental Resolution.