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415 <br /> <br /> <br /> OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH <br /> BREACH SHALL BE LIM/TED TO AN ACTION FOR MANDAMUS OR SPECIFIC <br /> PERFORMANCE. <br /> <br /> (iv) No default by the Issuer in observing or performing its obligations under this Section <br /> shall comprise a breach of or default under the Ordinance for purposes of any other provision of this <br /> Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the <br /> duties of the Issuer under federal and state securities laws. <br /> <br /> (v) The provisions of this Section may be amended by the Issuer from time to time to adapt <br /> to changed circumstances that arise from a change in legal requirements, a change in law, or a <br /> change in the identity, nature, status, or type of operations of the Issuer, but only if(1) the provisions <br /> of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in <br /> the primary offering of the Bonds in compliance with the Rule, taking into account any amendments <br /> or interpretations of the Rule since such offering as well as such changed circumstances and (2) <br /> either (a) the holders of a majority in aggregate principal amount (or any greater amount required <br /> by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding <br /> Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as bond <br /> counsel) determined that such amendment will not materially impair the interest of the holders and <br /> beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall <br /> include with any amended financial information or operating data next provided in accordance with <br /> subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and <br />-- of the impact of any change in the type of financial information or operating data so provided. The <br /> Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC <br /> amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment <br /> that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this <br /> sentence would not.prevent an underwriter from lawfully purchasing or selling Bonds in the primary <br /> offering of the Bonds. <br /> <br /> (d) Definitions. As used in this Section, the following terms have the meanings ascribed to <br /> such terms below: <br /> <br /> "MSRB" means the Municipal Securities Rulemaking Board. <br /> <br /> "Rule" means SEC Rule 15e2-12, as amended from time to time. <br /> <br /> "SEC" means the United States Securities and Exchange Commission. <br /> <br /> "SID" means any person designated by the State of Texas or an authorized department, <br /> officer, or agency thereof as, and determined by the SEC or its staff to be, a state information <br /> depository within the meaning of the Rule from time to time. <br /> <br /> 26 <br /> <br /> <br />