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2004-04-28 WS & CC Meeting
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2004-04-28 WS & CC Meeting
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<br />Material Events descnbed in subsections (aX8) and (9) need not be given under this <br />subsection any earlier than the notice (if any) of the underlying event is given to <br />Holders of affected Securities pursuant to the Resolutions. <br /> <br />(c) Unless otherwise required by law and subject to tecbnical and economic feasIbiIity, <br />the Issuer shall employ such methods of infonnation transmission as shall be <br />requested or recommended by the designated recipients of the Issuer's information. <br /> <br />Section 6. Termination of Reoortinl7 Oblil!lllion. The Issuer's obligations under the <br />Resolutions and this Disclosure Certificate shall terminate upon the legal defeasance, or upon the <br />redemption or payment in full of all the Securities. <br /> <br />Section 7. As!:ent The Issuer may, fiom time to time, appoint or engage a dissemination <br />agent to assist it in carrying out its obligations under the Resolutions and this Disclosure Certificate, <br />and may discharge any such agent, with or without appointing a successor dissemination agent <br /> <br />Section 8. Amendment Waiver. Notwithst.ntling any other provision of the Resolutions or <br />this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of <br />this Disclosure Certificate may be waived, if such amendment or waiver is supported by an opinion <br />of nationally recognized bond counsel to the effect that such amendment or waiver would not, in <br />and of itself; cause a violation of the Rule. The provisions of the Resolutions constituting the <br />Undertaking and this Disclosure Certificate, or any provision hereof; shall be null and void in the <br />event that the Issuer delivers to each then existing NRMSIR and the SID, if any, an opinion of <br />nationally recognized bond counsel to the effect that those portions of the Rule which require the <br />Resolutions and this Disclosure Certificate are invalid, have been repealed retroactively or <br />otherwise do not apply to the Securities. The provisions of the Resolutions and this Disclosure <br />Certificate may be amended without the consent of the Holders of the Securities, but only upon the <br />delivery by the Issuer to each then existing NRMSIR and the SID, if any, of the proposed <br />amendment and an opinion of nationally recognized bond counsel to the effect that such <br />amendment, and giving effect thereto, will not adversely affect the compliance of the Resolutions <br />and this Disclosure Certificate and by the Issuer with the Rule. <br /> <br />Section 9. Additional Infonnation. Nothing in this Disclosure Certificate shall be deemed <br />to prevent the Issuer fiom dissemin.ring any other infonnation, using the means of dissemination <br />set forth in this Disclosure Certificate or any other means of communication, or including any other <br />information in any Annual Report or notice of occurrence of a Material Event, in addition to that <br />which is required by this Disclosure Certificate. If the Issuer chooses to include any information in <br />any Annual Report or notice of occurrence of a Material Event in addition to that which is <br />specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this <br />Certificate to update such infonnation or include it in any future Annual Report or notice of <br />occurrence of a Material Event <br /> <br />Section 10. Default In the event ofa firilure of the Issuer to comply with any provision of <br />this Disclosure Certificate any Holder of the Securities may take such actions as may be necessary <br />and appropriate, including seeking mandamus or specific performance by court order, to cause the <br /> <br />SlIl-243206vl <br />CE155-21 <br />
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