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Agenda - 11-16-2010 - 4k
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Agenda - 11-16-2010 - 4k
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11/16/2010 12:55:23 PM
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BOCC
Date
11/16/2010
Meeting Type
Regular Meeting
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Agenda
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4k
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Minutes 11-16-2010
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\Board of County Commissioners\Minutes - Approved\2010's\2010
RES-2010-088 Resolution Providing Final Approval of Terms and Documents for County's 2010 Installment Refinancings and Equipment Refinancing
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\Board of County Commissioners\Resolutions\2010-2019\2010
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(b) The Trustee will send, by first-class mail, a copy of such supplement or • <br />amendment, together with a request to the Owners for their consent thereto, to each <br />Owner at its address as set forth in the registration books maintained pursuant to Section <br />2.04, but failure to receive copies of such supplement or amendment and request so <br />mailed will not affect the validity of the supplement or amendment when assented to as <br />provided in this Section. The request mailed by the Trustee will also designate a date not <br />more than 60 nor less than 30 days following the mailing date by which consent must be <br />returned to be effective. <br />(c) Such supplement or amendment will not become effective unless there are <br />filed with the Trustee the written consent of the Owners of not less than a majority in <br />aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds <br />disqualified as provided in Section 10.04) and notices have been mailed as hereinafter in <br />this Section provided. Each such consent will be effective only if accompanied by proof <br />of ownership of the Bonds for which such consent is given, which proof will be such as is <br />permitted by Section 10.10. <br />(d) If DTC is the registered owner of the Bonds, the Trustee will take such <br />actions as may be appropriate to solicit the consents provided for in this Section from <br />beneficial owners in accordance with DTC's rules and regulations, as the same may be in <br />effect from time to time. <br />Section 10.04. Disqualified Bonds. Bonds owned or held by or for the account of • <br />the County or the Company or by any person directly or indirectly controlling or <br />controlled by, or under direct or indirect common control with the County or the <br />Company (except any Bonds held in any pension or retirement fund), will not be deemed <br />Outstanding for the purpose of any action or any calculation of Outstanding Bonds <br />provided for in this Trust Agreement, and will not be entitled to take any action provided <br />for in this Trust Agreement. <br />The Trustee may (but is not required to) provide for each Owner, before such <br />Owner's consent is deemed effective, to certify or otherwise provide evidence to <br />establish whether the Bonds as to which such consent is given are disqualified. <br />Notwithstanding the foregoing provisions of this Section, it is the intent of the <br />Company, the County and the Trustee that the ownership or holding of Bonds by the <br />Company or the County will not, by itself, give rise to an extinguishment of the Bonds or <br />of any obligation arising under this Trust Agreement or the Financing Contract. <br />Section 10.05. Effect of Consents. After an amendment or supplement becomes <br />effective, it will bind every Owner. Any such consent will be binding upon and <br />irrevocable by the Owner of the Bond giving such consent and on any subsequent Owner <br />(whether or not such subsequent Owner has notice thereof), unless such consent is • <br />revoked in writing by the Owner giving such consent or a subsequent Owner by filing <br />such revocation with the Trustee prior to the date when the Trustee has mailed the notice <br />provided for in Section 10.09. <br />27 <br />
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