Cleveland Clinic Health System Obligated Group - FMSbonds.com

(g) to evidence the appointment of a separate Bond Trustee or the succession of a new BondTrustee under the Bond Indenture;(h) to make any other change that, in the sole judgment of the Bond Trustee, does notmaterially adversely affect the interests of the Bondholders;(i)Period; orto make any other change in connection with a conversion to a different Interest Rate(j) to modify, eliminate or add to the provisions of the Bond Indenture to such an extent asshall be necessary to obtain, maintain or improve a rating of the Series 2008A Bonds by a Rating Agency.So long as the Cleveland Clinic is not in default under the Lease, a Supplemental Bond Indenture thataffects any rights of the Cleveland Clinic will not become effective unless and until the Cleveland Clinic hasconsented in writing to the execution and delivery of the Supplemental Bond Indenture.AMENDMENTS AND SUPPLEMENTS TO THE BASE LEASE AND LEASEWithout the consent of or notice to the Holders, the Commission and the Bond Trustee may consent to anyamendment of the Base Lease and Lease as may be required (i) to comply with the provisions of the Bond Indentureor the Master Indenture, (ii) to make necessary or advisable amendments or additions in connection with theincurrence of Indebtedness (as defined in and permitted under the Master Indenture), and which does not affectadversely the interests of the Holders of Outstanding Series 2008A Bonds, (iii) for the purpose of curing anyambiguity, inconsistency or formal defect or omission in the Base Lease or Lease, (iv) to release any real estate inaccordance with the Base Lease or Lease or to accept additional real estate or any interest therein which becomes apart of the real property included in the Leased Premises under the Base Lease or Lease, (v) in connection with anamendment or to effect any purpose for which there could be an amendment of the Bond Indenture not requiringconsent of the Bondholders pursuant to the provisions of the Bond Indenture summarized under the caption“SUMMARY OF BASIC DOCUMENTS – THE BOND INDENTURE – AMENDMENTS AND SUPPLEMENTS TO THEBOND INDENTURE” or (vi) in connection with any other change therein that does not materially, adversely affect theBond Trustee or the Holders of the Series 2008A Bonds, in the judgment of the Bond Trustee.Except for the amendments contemplated in the immediately preceding paragraph, the Commission or theBond Trustee cannot consent to (i) any amendment of the Base Lease or Lease that would change the amount ortime as of which Basic Rent is required to be paid, without the giving of notice of the proposed amendment andreceipt of the written consent thereto of the Holders of all of the then Outstanding Series 2008A Bonds, or (ii) anyother amendment of the Base Lease or Lease without the giving of notice of the proposed amendment and receipt ofthe written consent thereto of the Holders of not less than a majority in aggregate principal amount of the Series2008A Bonds then Outstanding.DEFEASANCEAny Series 2008A Bond or Series 2008A Bonds will be deemed paid and no longer outstanding under theBond Indenture and will cease to be entitled to any lien, benefit or security under the Bond Indenture if the Statepays or provides for the payment of such Series 2008A Bond or Series 2008A Bonds in any one or more of thefollowing ways: (i) by paying or causing to be paid the principal of and interest and any redemption premium onsuch Series 2008A Bond or Series 2008A Bonds, as and when the same become due and payable; (ii) by deliveringand surrendering to the Bond Trustee, for cancellation by it, such Series 2008A Bond or Series 2008A Bonds; or (iii)by depositing with the Bond Trustee, (A) in trust, money or noncallable United States Government Obligations, orboth, in such amounts and with maturities as the Bond Trustee determines will be, together with the income toaccrue thereon, without consideration of any reinvestment thereof, fully sufficient to pay (1) the principal of suchSeries 2008A Bond or Series 2008A Bonds at or before their respective maturity dates, (2) any redemption premiumpayable thereon if the Series 2008A Bonds are to be redeemed before their respective maturity dates, and (3) theinterest thereon as and when the same becomes due and payable, and (B) in the case of Series 2008A Bonds that donot mature or will not be redeemed within 90 days of the deposit to which reference is made in subparagraph (A)C-45