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HomeMy WebLinkAboutDenton Project First Supplement 2001FIRST SUPPLEMENT TO TRUSTINDENTURE Dated as of July 15, 2003 BETWEEN TEXAS STUDENT HOUSING CORPORATION — DENTON PROJECT Emil THE BANK OF NEW YORK, AS TRUSTEE Dated as of July 1, 2001 Texas Student Housing Corporation — Denton Project Student Housing Revenue Bonds (University of North Texas Project) Series 2001A and Subordinate Series 2001B THIS FIRST SUPPLEMENT TO TRUST INDENTURE (the "First Supplemental Indenture ") dated as of September 1, 2003 between Texas Student: Housing Corporation — Denton Project, a nonprofit corporation duly incorporated under the laws of the State of Texas (the "Issuer "), and The Baal{ of New York, a New Work banking corporation, as trustee (the "Trustee "). WHEREAS, the Issuer has previously issued its Student Housing Revenue Bonds (University of North Texas Project) Series 2001A (the "Series 2001A Bonds ") and Subordinate Series 2001B (the "Series 2001E Bonds "), in the aggregate principal amount of $34,355,000 (collectively, the "Series 2001 Bonds "), and used. the proceeds of the Series 2001 Bonds for the purpose of financing the acquisition and equipping of a student housing facility located at 2700 Colorado Blvd., Denton, Texas, near the campus of the University of North Texas in Denton, Texas (the "Project "), funding certain reserves and paying certain costs of issuance of the Series 2001 Bonds, pursuant to a Trust Indenture dated as of July 1, 2001 by and between the Issuer and The Bank of New York, as Trustee (the "Indenture "); and WHEREAS, Section 12.02 of the Indenture provides a means for the Issuer and the Trustee to amend the Indenture with the consent and approval of the Requisite Number of Bondholders (as defined in the Indenture) of the Series 2001 Bonds, the Issuer is hereby requesting such an amendment and the Requisite Number of Bondholders have consented to and approved such amendment; and WHEREAS, all capitalized terms not defined herein shall have the meaning assigned to them in the Indenture. NOW, THEREFORE, for and in consideration of the promises and the mutual covenants hereinafter contained, the parties hereto agree as follows: Section 1. Subsection (iii) of Section 5.01 of the Indenture is amended to read as follows: (iii) There shall be deposited to the Operating Fund the amount necessary to cause the amount on deposit in the Operating Fund to equal the amount budgeted in the Annual Budget for operating expenses of the Project for the next succeeding month (excluding any management fee and Supplemental Program Administration Payments). Section 2. Subsection (vi) of Section 5.01 of the Indenture is amended to read as follows: (vi) There shall be transferred to the Repair and Replacement Fund, an amount equal to the Repair and Replacement Payments required to made for such month; provided, however, that if any required Repair and Replacement Fund Payments shall not have been made during the prior 12 months (or replenished in accordance with the terms of this Section 5.01(vi)), there shall also be transferred to the Repair and Replacement Fund an amount equal to the aggregate amount of required Repair and Replacement Fund Payments not made during the prior 12 months; Section 3. Indenture to Remain in Effect. Except as specifically amended hereby, the Indenture shall continue in full force and effect, and from and after the date hereof, the Indenture and this First Supplemental Indenture shall constitute one instrument. Remainder of Page Intentionally Left Blank IN WITNESS WHERE-OF, the Issuer and the Trustee have caused this first Supplemental Indenture to be executed in their respective naules as of the date first above written. (SEAL) Attest: By: 01 6 (SEAL) Attest: TRA 1811166v1 TEXAS STUDENT HOUSING CORPORATION — DENTON PROJECT THE BANK OF NEW YORK, as Trustee Mal Authorized Officer