439

413

Upon the expiration of such thirty (30) days' period or, if any such action or proceeding shall be commenced, upon any judgment or decree sustaining such supplemental resolution becoming final, this Resolution shall be and be deemed to be modified and amended in accordance with such supplemental resolution, and the respective rights, duties and obligations of the Board and of all holders of outstanding bonds under this Resolution shall thereafter be determined, exercised and enforced hereunder, subject, in all respects, to such modifications and amendments.

If all of the bonds outstanding under this Resolution are held by the United States of America or by any department or agency thereof or by any one other bondholder at the time of the adoption of any such supplemental resolution, publication of the notices under this Section shall not be required, provided, however, that the Secretary of the Board promptly mails to the bondholder notice of the adoption of such supplemental resolution.

Section 902. Nothing contained in the preceding Section of this Article shall permit, or be construed as permitting, through the adoption of any supplemental resolution or othewise, (a) an extension of the maturity of the principal of or the interest on any bond issued hereunder, or (b) a reduction in the principal amount of any bond or the redemption premium or the rate of interest thereon, or (c) the creation of a lien upon or a pledge of revenues other than the lien and pledge created by this Resolution, or (d) a preference or priority of any bond or bonds over any other bond or bonds, or (e) a reduction in the aggregate principal amount of the bonds required for the approval of any supplemental resolution.

Section 903. Any supplemental resolution adopted and becoming effective in accordance with the provisions of this Article shall thereafter form a part of this Resolution and all the terms and conditions contained in any such supplemental resolution as to any provision authorized to be contained therein shall be and be deemed to be part of the terms and conditions of this Resolution for any and all purposes. In case of the adoption of any supplemental resolution, express reference may be made thereto in the text of any bonds issued thereafter, if deemed necessary or desirable by the Board.

Section 904. Nothing in the bonds or in this Article expressed or implied is intended or shall be construed as denying the right of the Board or the Executive Committee to adopt at any time or from time to time any resolution the adoption of which is expressly provided for in this Resolution or which may be necessary or appropriate to carry into effect any of the provisions of this Resolution.

ARTICLE X.

Miscellaneous Provisions

Section 1001. Any request, direction, consent or other instrument in writing required or permitted by this Resolution to be signed or executed by bondholders may be in any number, of concurrent instruments of similar tenor and may be signed or executed by such bondholders in person or by agent appointed by an instrument in writing. Proof of the execution of any such instrument and of the ownership of bonds shall be sufficient for any purpose of this Resolution, if made in the following manner:

(a) The fact and date of the execution by any person of any such instrument may be proved by the verification of any officer in any jurisdiction who, by the laws thereof, has power to take affidavits within such jurisdiction, to the effect that such instrument was subscribed and sworn to before him, or by an affidavit of a witness to such execution. Where such execution is by an officer of a corporation or association or a member of a partnership on behalf of such corporation, association or partnership such verification or affidavit shall also constitute sufficient proof of his authority.