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July (pdf) - New York Power Authority

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AMENDED AND RESTATED<br />

NINTH SUPPLEMENTAL RESOLUTION<br />

authorizing<br />

REVENUE BONDS<br />

follows:<br />

BE IT RESOLVED by the Trustees of the <strong>Power</strong> <strong>Authority</strong> of the State of <strong>New</strong> <strong>York</strong> as<br />

ARTICLE I<br />

DEFINITIONS AND STATUTORY AUTHORITY<br />

101. Supplemental Resolution; <strong>Authority</strong>. This resolution, as amended and<br />

restated on <strong>July</strong> 26, 2011 (“Ninth Supplemental Resolution”), is supplemental to, and is adopted in<br />

accordance with Article VIII of a resolution adopted by the <strong>Authority</strong> on February 24, 1998 entitled<br />

“General Resolution Authorizing Revenue Obligations” (“General Resolution”, and as heretofore<br />

amended and supplemented and collectively with the Ninth Supplemental Resolution, the<br />

“Resolution”), and is adopted pursuant to the provisions of the Act.<br />

102. Definitions. 1. All terms which are defined in Section 101 of the<br />

General Resolution shall have the same meanings for purposes of this Ninth Supplemental<br />

Resolution.<br />

2. In this Ninth Supplemental Resolution:<br />

“2007 Revolving Credit Agreement” shall mean the 2007 Revolving Credit Agreement<br />

dated as of August 2, 2007 among the <strong>Authority</strong>, The Bank of Nova Scotia, acting through its <strong>New</strong> <strong>York</strong><br />

Agency, as Administrative Agent, and the banks named in such Agreement.<br />

“Beneficial Owner” means, for any Bond which is held by a nominee, the beneficial<br />

owner of such Bond.<br />

“Bonds,” “Bonds of a Series,” or “Bonds of any Series” and words of like import shall<br />

mean each or all of a Series of Bonds issued pursuant hereto collectively, as the context may require.<br />

“Certificate of Determination” means any certificate of the Chairman, President and<br />

Chief Executive Officer, or the Executive Vice President and Chief Financial Officer of the <strong>Authority</strong><br />

delivered pursuant to Section 204 of this Ninth Supplemental Resolution, setting forth certain terms and<br />

provisions of the Bonds.<br />

“Commercial Paper Notes” means such portion of the <strong>Authority</strong>’s Commercial Paper<br />

Notes, including the <strong>Authority</strong>’s Extendible Municipal Commercial Paper Notes, as shall be specified in<br />

the Certificate of Determination.<br />

“Commercial Paper Rate” with respect to Bonds of a Series, has the meaning set forth<br />

in the applicable Certificate of Determination.<br />

957007.13 004041 DOC

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