Orange County NC Website
� <br /> 3. Authorization to County Manager and Finance Officer To Complete Closing <br /> — The County Manager, the Finance Officer and all other County officers and employees are <br /> authorized and directed to take all proper steps to complete the financing in cooperation with <br /> BB&T and in accordance with the terms of this resolution. <br /> The Board authorizes and directs the Finance Officer to enter into an agreement with <br /> BB&T to formalize the County's commitment to complete the financing with BB&T and thereby <br /> establish a "sale date" for the transaction for the purpose of determining the tax credit rate to <br /> be applicable to the transaction for BB&T. <br /> The Board authorizes and directs the Finance Officer to hold executed copies of all <br /> financing documents authorized or permitted by this resolution in escrow on the County's <br /> behalf until the conditions for their delivery have been completed to such officer's satisfaction, <br /> and thereupon to release the executed copies of such documents for delivery to the <br /> appropriate persons or organizations. <br /> Without limiting the generality of the foregoing, the Board specifically authorizes the <br /> Finance Officer to approve changes to any documents, agreements or certifications previously <br /> signed by County officers or employees, provided that such changes do not conflict with this <br /> resolution or substantially alter the intent from that expressed in the form originally signed. The <br /> Finance Officer's authorization of the release of any such document for delivery will constitute <br /> conclusive evidence of such officer's approval of any such changes. <br /> In addition, the Finance Officer is authorized and directed to take all appropriate steps <br /> for the efficient and convenient carrying out of the County's on-going responsibilities with <br /> respect to the financing of the Project. This authorization includes, without limitation, <br /> contracting with third parties for reports and calculations that may be required under this <br /> resolution or otherwise with respect to the Agreements. <br /> 4. Resolutions As To Tax Matters--The County will not take or omit to take any <br /> action the taking or omission of which will cause its obligations to pay principal and interest <br /> (the "Obligations") to be "arbitrage bonds," within the meaning of Section 148 of the United <br /> States Internal Revenue Code of 1986, as amended, including the applicable Treasury <br /> regulations (the "Code"), or"private activity bonds" within the meaning of Code Section 141. <br /> 5. Designation as a QSCB— The County designates the Obligations as a <br /> "qualified school construction bond" for the purposes of, and within the meaning of, Code <br /> Section 54F and related Code provisions. The County and BB&T intend that the financing will <br /> qualify as a QSCB. <br /> 6. Miscellaneous Provisions--All County officers and employees are authorized <br /> and directed to take all such further action as they may consider necessary or desirable in <br /> furtherance of the purposes of this resolution. All such prior actions of County officers and <br /> employees are ratified, approved and confirmed. Upon the absence, unavailability or refusal to <br /> act of the County Manager, the Board's Chairman or the Finance Officer, any other of such <br /> officers may assume any responsibility or carry out any function assigned in this resolution. In <br /> addition, the Vice Chairman or any Deputy or Assistant Clerk to the Board may in any event <br /> assume any responsibility or carry out any function assigned to the Chairman or the Clerk, <br />