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Agenda - 04-19-2016 - 7-a - Adoption of the Final Financing Resolution Authorizing the Issuance of $8,150,000 in Installment Purchase Financing for Various Capital Investment Plan Projects
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Agenda - 04-19-2016 - 7-a - Adoption of the Final Financing Resolution Authorizing the Issuance of $8,150,000 in Installment Purchase Financing for Various Capital Investment Plan Projects
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4/15/2016 9:26:09 AM
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BOCC
Date
4/19/2016
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7a
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RES-2016-032 Resolution providing final approval of terms and documents for 2016 County installment financing
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\Board of County Commissioners\Resolutions\2010-2019\2016
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10 <br /> ARTICLE II <br /> CONTRACT PAYMENTS <br /> 2.1. Installment Payments. The County will repay the First Advance by mak- <br /> ing Installment Payments at the times and in the amounts set forth in Exhibit B-1, and <br /> will repay the Second Advance by making Installment Payments at the times and in the <br /> amounts set forth in Exhibit B-2 (Exhibits B-1 and B-2 are collectively referred to as Ex- <br /> hibit B). <br /> The County's total payment obligation for each Payment Date is the sum of the <br /> amounts stated on Exhibit B-1 and Exhibit B-2 as due for that Payment Date. As indicat- <br /> ed in Exhibit B, the Installment Payments include designated interest components. The <br /> County will make its payments either by check or draft or by Federal Reserve wire trans- <br /> fer, or other transfer of immediately available United States funds, in any case sent on the <br /> payable date directly to the Lender to any address or bank account in the United States as <br /> the Lender may designate from time to time. <br /> 2.2. Additional Payments. The County will pay all Additional Payments <br /> on a timely basis directly to the person or entity to which it owes the payment. If the <br /> County fails to pay any Additional Payment when due, the Lender may (but is not re- <br /> quired to) pay the Additional Payment. The County then agrees to reimburse the Lender <br /> for any Additional Payment paid by the Lender, together with interest at an annual rate of <br /> 4.00%. All Installment Payments and Additional Payments will be made in lawful money <br /> of the United States. <br /> 2.3. Prepayment. The County may prepay the outstanding principal component <br /> of the Amount Advanced, at its option at and at any time, in whole or in part, without pre- <br /> mium or penalty. <br /> The County may direct the application of any amount prepaid, in its discretion, to <br /> prepayment of either the First Advance or the Second Advance. In any event, all amounts <br /> prepaid will be applied (i) first to all Additional Payments then due and payable, (ii) then to <br /> all interest accrued and unpaid to the prepayment date (across the total Amount Advanced), <br /> (iii) then to the outstanding principal component of the portion of the Amount Advanced <br /> directed by the County, in inverse order of the principal repayments associated with that <br /> Advance. In any event, the unpaid principal components of the Installment Payments will <br /> continue to be payable on the dates and in the amounts shown in Exhibit D. <br /> 2.4. No Reduction or Abatement. The County remains liable for full per- <br /> formance of all its covenants under this Contract and the Deed of Trust (subject to the limi- <br /> tations described in Article XII), notwithstanding the occurrence of any event or circum- <br /> stances whatsoever, including any of the following: <br /> (a) Any act or omission by the Lender, or the Lender's waiver of any right grant- <br /> ed or remedy available to it; <br /> 3 <br />
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