Orange County NC Website
• Bond will be called for prepayment, a new Bond in principal amount equal to the unpaid <br />portion thereof will be issued to the registered owner upon the surrender thereof. <br />Section 3.03. Prepayment Notices. (a) The Trustee, upon being satisfactorily <br />indemnified with respect to expenses, will send notice of prepayment no less than 30 nor <br />more than 60 days prior to the prepayment date, by registered or certified mail, return <br />receipt requested, as follows: <br />(1) If DTC or its nominee is the registered owner of the Bonds, to DTC. <br />(~) If no book-entry-only system of registration is in effect, to each of the <br />registered owners of the Bonds at their addresses as shown on the Trustee's registration <br />books. <br />(3) In any case, to the Municipal Securities Rulemaking Board for posting on <br />the "EMMA" continuing disclosure system, or any successor system. <br />Failure to give any notice specified in (1) or (2), as applicable, or any defect <br />therein, will not affect the validity of any proceedings for the prepayment of any Bonds <br />with respect to which no such failure has occurred. Failure to give any notice specified in <br />(3), or any defect therein, will not affect the validity of any proceedings for the <br />• prepayment of any Bonds with respect to which the notice specified in (1) or (2) is <br />correctly given. Any notice mailed as provided herein will conclusively be presumed to <br />have been given regardless of whether actually received by any Owner. <br />(b) (i) Any prepayment notice, except a prepayment notice in respect of a <br />sinking fund payment date, may state that the prepayment to be effected is conditioned <br />upon the Trustee's receipt on or prior to the prepayment date of moneys sufficient to pay <br />the principal of and premium, if any, and interest on the Bonds to be prepaid, and that if <br />such moneys are not so received such notice shall be of no force or effect and such Bonds <br />shall not be required to be prepaid. If such notice contains such a condition and the <br />Trustee does not receive moneys sufficient to pay the principal of and premium, if any, <br />and interest on such Bonds on or prior to the prepayment date, the prepayment will not be <br />made and the Trustee will, within a reasonable time thereafter, give notice, in a manner in <br />which the prepayment notice was given, that such moneys were not so received and the <br />prepayment was not made. <br />(ii) Any prepayment notice, except a prepayment notice in respect of a sinking <br />fund payment date, may state that the prepayment to be effected is subject to any other <br />condition not unacceptable to the Trustee. If such notice contains any such condition and <br />the condition is not fulfilled on or prior to the prepayment date, the prepayment will not <br />• be made and the Trustee will, within a reasonable time thereafter, give notice, in a <br />manner in which the prepayment notice was given, that such condition was not fulfilled <br />and the prepayment was not made. <br />io <br />