52-91 Gen Provisions - Sanitary Sewer Spec Oblig Bonds

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(iv) TO evidence any succession by a successor Fiscal Agent and Registrar to the Issuer and the assumption by such successor of the covenants, agreements and obligations of the Fiscal Agent and Registrar contained in this Ordinance and int he Bonds and Notes; (v) To do or cause or require to be done all things necessary for, and not to do or permit or authorize to be donI> anything that would adversely <lffect, the exclusion of interest on Bonds and NQtes from grQss income for federal income tax purposes under the Code; and further to implement and otherwise permit any action that may be t<lken pursuant to Division (D) of section 133.02 of the Ohio Revised Code; and (vi) To make any amendment which, in the opinion of nationally recognized bond counsel selected by the Fiscal Agent, is not to the prejudice of the Fiscal Agent or the Holders of Bonds and Notes. The Fiscal Agent shall not be obligated to, but may in its discretion, enter into any such supplemental ordinance which adversely affects the Fiscal Agent· s own rights, duties or immunities under this Ordinance or otherwise. (b) Modifications Reauirina Consent of Holders. Exclusive of amending ordinances referred to in Section of and subject to the terms and provisions and limitations contained in this Section, and not otherwise, the Issuer and thl> Fiscal Agent, with the consent Qf the Holdl>rs of not less than sixty-six and twO-thirds percent (66-2j3%)in aggregate principal amount of outstanding Bonds and Notes evidenced as in this Ordinance provided, may execute amending ordinances adding any provisions to or changing in any manner or eliminating any of the provisions of this Ordinance or any amending ordinances or restricting in any manner the rights of the Holders of the Bonds; provided, that nothing in this Section or Section shall permit, or be construed as permitting (a) without the consent of the Holder of each Bond and Note so affected (1) an extension of the maturity of the principal of or the interest on any Bond or Note or (ii) a reduction in the principal amount of any Bond or Note or the rate of interest thereon, or (b) without the consent of the Holc;iers of <lll outstanding Bonds and Notes (i) a modification of this ordinance which decreases that portion of the Pledged Receipts or Additional Pledged Receipts c;ieposited or necessary to make the deposits with the Fiscal Agent pledged for Bond Service Charges on the Bonds anc;i Notes, Or (ii) a rec;iuction in the aggregate principal amount of the Bonds and Notes required for consent to such amenc;iing ordinances. Notwithstanding this SectiQn or any other provision of this Ordinance, no ordinance shall be passed which amends this Ordinance to cauSe the Bonds or Notes to constitute general obligations of the Issuer or to pledge the full faith and credit of the Issuer, If at any time the Issuer sh<lll request the Fiscal Agent to enter into any such amending ordinance for any of the purposes of this Section, the Fiscal Agent shall, upon being satisfactorily indemnified with respect to expenses, cause a notice to bemailedbyfirst-Classmail.postageprepaid.to all Holders whose names and addresses appear on the Bond Register provided for in Section 17 hereof. The Fiscal Agent shall not, however, be subject to any liability to any holder of Bonds or Notes by reason of its failure to mail, or the failure of such Holc;ier to receive, the notice required by this Section, and any such failure shall not affect the validity of such amending ordinance when consented to and approved as provided in this Section. Such notice shall briefly set fQrth the substance of the proposed amending ordinance and shall state that copies thereof are on file at the principal office of the Fiscal Agent for inspection by all Holders. If within such periQd, not exceeding one year, as shall be prescribed by the Issuer, following the giving Qf such notice, the Fiscal Agent shall receive an instrument or instruments executed by the Holders of not less than -30-