Orange County NC Website
SCHEDULEI <br />TO ACQUISITION FUND AND ACCOUNT CONTROL AGREEMENT <br />FORM OF DISBURSEMENT REQUEST <br />Re: Equipment Installment Financing Agreement, dated as of February 9, 2007 by and <br />between Banc of America Public Capital Corp, as Lender and Orange County, North Carolina, as <br />Purchaser (the "Purchase Agreement's <br />In .accordance with the. terms of the Acquisition Fund and Account Control Agreement, <br />dated as of February 9, 2007 (the "Acquisition Fund Agreement's by and among Banc of . <br />America Public Capital Corp ("Lender', Orange County, North Carolina("Purchaser's and <br />Bank of America, N.A. (the "Acquisition Fund Custodian', the undersigned hereby requests <br />Acquisition Fund Custodian pay the following persons the following amounts from the <br />Acquisition Fund created under the Acquisition Fund Agreement (the "Acquisition Fund's for <br />the following purposes. <br />Pavee's Name and Address Invoice Number ~ Dollar Amount ~ Purpose ~ <br />The undersigned hereby certifies as follows: <br />(i) An obligation in the stated amount has been incurred by Purchaser, and the same <br />is a proper charge against the Acquisition Fund for costs relating to the Equipment identified in <br />the Purchase Agreement, and has not been paid. Attached hereto is the original invoice with <br />respect to such obligation. <br />(ii) The undersigned, as Authorized Representative, has no notice of any vendor's, <br />mechanic's or other liens or rights to liens, chattel mortgages, conditional sales contracts or <br />security interest which should be satisfied or discharged before such payment is made. <br />-(iii) . ..This requisition. contains no item representing .payment on account, or any <br />retained percentages which Purchaser is, at the date hereof, entitled to retain. <br />(iv) The Equipment is insured in accordance with the Purchase Agreement. <br />(v) No Event of Default, and no event which with notice or lapse of time, or both, <br />would become an Event of Default, under the Purchase Agreement has occurred and is <br />continuing at the date hereof. <br />(vi) The disbursement shall occur during the Acquisition Period set forth in the <br />Schedule applicable to such Equipment. <br />#765698v2 (BAPCC/N Carolina Installment Purch Agmt) A-8 <br />