30.04.2014 Views

July (pdf) - New York Power Authority

July (pdf) - New York Power Authority

July (pdf) - New York Power Authority

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

together with other moneys available therefor (including the anticipated receipt of proceeds of sale of<br />

Obligations or other bonds, notes, or other obligations or evidences of indebtedness of the <strong>Authority</strong> that will<br />

be used to pay the principal of Obligations issued in anticipation of such receipt but not including any<br />

anticipated or actual proceeds from the sale of any Project), (i) to pay all Operating Expenses of the<br />

<strong>Authority</strong>, (ii) to pay the debt service on all Obligations then Outstanding and the debt service on all<br />

Subordinated Indebtedness then outstanding, and all Parity Debt and Subordinated Contract Obligations, all<br />

as the same respectively become due and payable, and (iii) to maintain any reserve established by the<br />

<strong>Authority</strong> pursuant to the General Resolution, in such amount as may be determined from time to time by<br />

the <strong>Authority</strong> in its judgment.<br />

(General Resolution, Sec. 606)<br />

Supplemental Resolutions; Amendments<br />

Any of the provisions of the General Resolution may be amended by the <strong>Authority</strong>, upon the written<br />

consent of the Owners of a majority in principal amount of the Obligations so affected and Outstanding at<br />

the time such consent is given, and in case less than all of the Obligations then Outstanding are affected by<br />

the modification or amendment, of the Owners of a majority in principal amount of the Obligations so<br />

affected and Outstanding at the time such consent is given; provided, however, that if such modification or<br />

amendment will, by its terms, not take effect so long as particular Obligations remain Outstanding, the consent<br />

of the Owners of such Obligations shall not be required and such Obligations shall not be deemed to be<br />

Outstanding for the purpose of any calculation of Outstanding Obligations under the General Resolution.<br />

No such modification or amendment shall permit a change in the terms of redemption or maturity of the<br />

principal of any Outstanding Obligation or of any installment of interest thereon or a reduction in the<br />

principal amount or the Redemption Price thereof or in the rate of interest thereon without the consent of<br />

the Owner of such Obligation, or shall reduce the percentages or otherwise affect the classes of<br />

Obligations the consent of the Owners of which is required to waive an Event of Default or otherwise<br />

effect any such modification or amendment, create a preference or priority of any Obligation or Obligations<br />

over any other Obligation or Obligations (without the consent of the Owners of all such Obligations), create a<br />

lien prior to or on a parity with the lien of the General Resolution, without the consent of the Owners of all<br />

of the Obligations then Outstanding, or shall change or modify any of the rights or obligations of any<br />

Fiduciary without its written assent thereto. For purposes of this paragraph, an Obligation shall be deemed<br />

to be affected by a modification or amendment of the General Resolution if the same materially and<br />

adversely affects the rights of the Owner of such Obligation.<br />

The <strong>Authority</strong> may adopt (without the consent of any Owner) supplemental resolutions to authorize<br />

additional Obligations; to add to the restrictions contained in the General Resolution upon the issuance of<br />

additional indebtedness; to add to the covenants of the <strong>Authority</strong> contained in, or surrender any rights reserved<br />

to or conferred upon it by, the General Resolution; to confirm any pledge under the General Resolution of<br />

Revenues or other moneys; to amend the General Resolution in such manner as to permit qualification of the<br />

General Resolution under the Trust Indenture Act of 1939 or any similar Federal statute and permit the<br />

qualification of the Obligations for sale under the securities laws of any state in the United States; to comply<br />

with such regulations and procedures as are from time to time in effect relating to establishing and<br />

maintaining a book-entry-only system; or otherwise to modify any of the provisions of the General Resolution<br />

(but no such other modification may be effective while any of the Obligations of any Series theretofore issued<br />

are Outstanding); or to cure any ambiguity, supply any omission or to correct any defect or inconsistent<br />

provision in the General Resolution or to insert such provisions or make such other amendments to the General<br />

Resolution as are necessary or desirable which will not be materially adverse to the rights of the Owners of<br />

Obligations (provided that the Trustee shall consent thereto).<br />

App. 1-11

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!