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<br />-40- <br />ARTICLE IX <br /> <br />MODIFICATION OR AMENDMENT HEREOF <br /> <br />SECTION 9.01. Amendments Permitted. <br /> <br />(a) Amendments With Bond Owner Consent. This Indenture and the rights and <br />obligations of the Authority and of the Owners of the Bonds and of the Trustee may be modified <br />or amended from time to time and at any time by Supplemental Indenture, which the Authority <br />and the Trustee may enter into when the written consents of the Owners of a majority in <br />aggregate principal amount of all Bonds then Outstanding are filed with the Trustee. No such <br />modification or amendment may (i) extend the fixed maturity of any Bonds, or reduce the <br />amount of principal thereof or extend the time of payment, or change the method of computing <br />the rate of interest thereon, or extend the time of payment of interest thereon, without the <br />consent of the Owner of each Bond so affected, or (ii) reduce the aforesaid percentage of <br />Bonds the consent of the Owners of which is required to effect any such modification or <br />amendment, or permit the creation of any lien on the Revenues and other assets pledged under <br />this Indenture prior to or on a parity with the lien created by this Indenture except as permitted <br />herein, or deprive the Owners of the Bonds of the lien created by this Indenture on such <br />Revenues and other assets (except as expressly provided in this Indenture), without the <br />consent of the Owners of all of the Bonds then Outstanding. It is not necessary for the consent <br />of the Bond Owners to approve the particular form of any Supplemental Indenture, but it is <br />sufficient if such consent approves the substance thereof. <br /> <br />(b) Amendments Without Owner Consent. This Indenture and the rights and <br />obligations of the Authority, of the Trustee and the Owners of the Bonds may also be modified <br />or amended from time to time and at any time by a Supplemental Indenture, which the Authority <br />and the Trustee may enter into without the consent of any Bond Owners if the Trustee has been <br />furnished an opinion of counsel that the provisions of such Supplemental Indenture shall not <br />materially adversely affect the interests of the Owners of the Bonds, including, without limitation, <br />for any one or more of the following purposes: <br /> <br />(i) to add to the covenants and agreements of the Authority in this <br />Indenture contained, other covenants and agreements thereafter to be observed, <br />to pledge or assign additional security for the Bonds (or any portion thereof), or to <br />surrender any right or power herein reserved to or conferred upon the Authority; <br /> <br />(ii) to cure any ambiguity, inconsistency or omission, or to cure or <br />correct any defective provision, contained in this Indenture, or in regard to <br />matters or questions arising under this Indenture, as the Authority deems <br />necessary or desirable, provided that such modification or amendment does not <br />materially adversely affect the interests of the Bond Owners; <br /> <br />(iii) to modify, amend or supplement this Indenture in such manner as <br />to permit the qualification hereof under the Trust Indenture Act of 1939, as <br />amended, or any similar federal statute hereafter in effect, and to add such other <br />terms, conditions and provisions as may be permitted by said act or similar <br />federal statute; <br /> <br />Page 56 of 205