Orange County NC Website
12 <br />Exhibit B -- Undertaking for Continuing Disclosure <br />The County undertakes, for the benefit of the beneficial owners of the Bonds, to provide <br />the following items and information to the Municipal Securities Rulemaking Board (the <br />"MSRB"): <br />(a) by not later than seven months from the end of each of the County's fiscal years, <br />audited County financial statements for such fiscal year, if available, prepared in accordance with <br />Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to <br />time, or any successor statute, or, if such audited financial statements are not available by seven <br />months from the end of any fiscal year, unaudited County financial statements for such fiscal year, <br />to be replaced subsequently by audited County financial statements to be delivered within 15 days <br />after such audited financial statements become available for distribution; <br />(b) by not later than seven months from the end of each of the County's fiscal years, (i) <br />the financial and statistical data as of a date not earlier than the end of the preceding fiscal year <br />(which data will be prepared at least annually, will specify the date as to which such information <br />was prepared and will be delivered with any subsequent material events notices specified in <br />subparagraph (c) below) for the type of information included under heading "The County -Debt <br />Information" and "- Tax Information" in the final Official Statement (excluding any information <br />on overlapping or underlying units), and (ii) the combined budget of the County for the current <br />fiscal year, to the extent such items are not included in the audited financial statements referred to <br />in (a) above; <br />(c) in a timely manner, not in excess of ten business days after the occurrence of the <br />event notice of any of the following events with respect to the Bonds: <br />(1) principal and interest payment delinquencies; <br />(2) non-payment related defaults; <br />(3) unscheduled draws on debt service reserves reflecting financial difficulties; <br />(4) unscheduled draws on any credit enhancements reflecting financial difficulties; <br />(5) substitution of credit or liquidity providers, or their failure to perform; <br />(6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or <br />final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other <br />material notices or determinations with respect to the tax status of the Bonds, or other material <br />events affecting the tax status of the Bonds; <br />(7) modifications to rights of the beneficial owners of the Bonds, if material; <br />