reconvene regular meeting: 7:00 pm - Irvine Unified School District
reconvene regular meeting: 7:00 pm - Irvine Unified School District
reconvene regular meeting: 7:00 pm - Irvine Unified School District
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
description, stating in substance that such supplemental agreement has been consented to by the<br />
Owners of the required percentage of Note Participations and is effective as provided in this<br />
Section (but failure to mail copies of said notice shall not affect the validity of such supplemental<br />
agreement or consents thereto). A record, consisting of the papers required by this Section to be<br />
filed with the Trustee, shall be proof of the matters therein stated until the contrary is proved.<br />
Section 9.04. Endorsement or Replacement of Note Participations after<br />
Amendment or Supplement. After the effective date of any action taken as hereinabove<br />
provided, the Trustee may determine that the Note Participations may bear a notation by<br />
endorsement in form approved by the Trustee as to such action, and in that case upon demand of<br />
the Owner of any Outstanding Note Participation and presentation of the Note Participation for<br />
such purpose at the office of the Trustee a suitable notation as to such action shall be made on<br />
such Note Participation. If the Trustee shall so determine, new Note Participations so modified<br />
as in the opinion of the Trustee shall be necessary to conform to such action shall be prepared,<br />
and in that case upon demand of the Owner of any Outstanding Note Participations such new<br />
Note Participations shall be exchanged without cost to each Owner for Note Participations then<br />
Outstanding at the office of the Trustee upon surrender of such Outstanding Note Participations.<br />
All Note Participations surrendered to the Trustee pursuant to the provisions of this Section shall<br />
be cancelled by the Trustee and shall not be redelivered.<br />
Section 9.05. Amendment or Supplement by Mutual Consent. The provisions<br />
of this article shall not prevent any Owner from accepting any amendment or supplement as to<br />
the particular Note Participations owned by him; provided, that due notation thereof is made on<br />
such Note Participations. No amendment or supplement of a Note Participation shall be made<br />
without prior compliance with the provisions of this Article IX pertaining to amendment or<br />
supplement of this Trust Agreement.<br />
ARTICLE X<br />
DEFEASANCE<br />
Section 10.01. Discharge of Note Participations and Trust Agreement.<br />
(a) If the Trustee shall pay or cause to be paid or there shall otherwise be paid<br />
to the Owners of all Outstanding Note Participations the interest and principal evidenced and<br />
represented thereby at the times and in the manner provided herein and therein, then such<br />
Owners shall cease to be entitled to the pledge of and lien on the Notes and any interest in the<br />
funds held hereunder as provided herein, and all agreements and covenants of the <strong>District</strong>s to<br />
such Owners hereunder and under the Note Resolution shall thereupon cease, terminate and<br />
become void and shall be discharged and satisfied.<br />
(b) Any Outstanding Note Participations shall on their Principal Payment<br />
Date be deemed to have been paid within the meaning of and with the effect expressed in<br />
subsection (a) of this Section if there shall be on deposit with the Trustee moneys which are<br />
sufficient to pay the interest and principal evidenced and represented by such Note Participations<br />
payable on and prior to their Principal Payment Date.<br />
OHS West:260889233.1 24<br />
Page 109