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nationally recognized investment rating firm not less than "AAA" or its equivalent, which, in the <br />case of (i), (ii) or (iii), may be in book -entry form, and the principal of and interest on which <br />will, when due or redeemable at the option of the holder, without further investment or <br />reinvestment of either the principal amount thereof or the interest earnings thereon, provide <br />money in an amount which, together with other moneys, if any, held in such escrow at the same <br />time and available for such purpose, shall be sufficient to provide for the timely payment of the <br />principal of and interest thereon to the date of maturity or earlier redemption; <br />provided, however, that if any of the Certificates are to be redeemed prior to their respective <br />dates of maturity, provision shall have been made for giving notice of redemption as provided in <br />this Ordinance. Upon such deposit, such Certificates shall no longer be regarded to be <br />Outstanding or unpaid. Any surplus amounts not required to accomplish such defeasance shall <br />be returned to the City. <br />Section 9.2: Ordinance a Contract - Amendments. This Ordinance shall constitute a <br />contract with the Registered Owners from time to time, be binding on the City, and shall not be <br />amended or repealed by the City so long as any Certificate remains Outstanding except as <br />permitted in this Section. The City may, without the consent of or notice to any Registered <br />Owners, from time to time and at any time, amend this Ordinance in any manner not detrimental <br />to the interests of the Registered Owners, including the curing of any ambiguity, inconsistency, <br />or formal defect or omission herein. In addition, the City may, with the consent of Registered <br />Owners who own in the aggregate 51% of the principal amount of the Certificates then <br />Outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, <br />without the consent of all Registered Owners of Outstanding Certificates, no such amendment, <br />addition, or rescission shall (i) extend the time or times of payment of the principal of and <br />interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate <br />of interest thereon, or in any other way modify the terms of payment of the principal of or <br />interest on the Certificates, (ii) give any preference to any Certificate over any other Certificate, <br />or (iii) reduce the aggregate principal amount of Certificates required to be held by Registered <br />Owners for consent to any such amendment, addition, or rescission. <br />Section 9.3: Legal Holidays. In any case where the date interest accrues and becomes <br />payable on the Certificates or principal of the Certificates matures or the date fixed for <br />redemption of any Certificates or a Record Date shall be in the City a Saturday, Sunday, legal <br />holiday or a day on which banking institutions are authorized by law to close, then payment of <br />interest or principal need not be made on such date, or the Record Date shall not occur on such <br />date, but payment may be made or the Record Date shall occur on the next succeeding day which <br />is not in the City a Saturday, Sunday, legal holiday or a day on which banking institutions are <br />authorized by law to close with the same force and effect as if (i) made on the date of maturity or <br />the date fixed for redemption and no interest shall accrue for the period from the date of maturity <br />or redemption to the date of actual payment or (ii) the Record Date had occurred on the fifteenth <br />day of that calendar month. <br />Section 9.4: Power to Revise Form of Documents. Notwithstanding any other <br />provision of this Ordinance, the Mayor is hereby authorized to make or approve such revisions, <br />additions, deletions, and variations to this Ordinance and in the form of the documents attached <br />hereto as exhibits as, in the judgment of the Mayor, and in the opinion of Bond Counsel to the <br />21 <br />HOU:2690632.2 <br />