Orange County NC Website
which the Authority may expend Bond proceeds under the <br /> Enabling Act . <br /> "Counsel" shall mean an attorney or a firm of attorneys <br /> acceptable to the Holder and may, but need not , be counsel <br /> to the Authority or the Company. <br /> "County" shall mean Orange County, North Carolina. <br /> "Date of Taxability" shall mean the first date on which <br /> interest on the Bond became includable in the gross income <br /> of the Holder or a former Holder pursuant to a Determination <br /> of Taxability. <br /> "Deed of Trust" shall mean the Deed of Trust, of even <br /> date herewith, from the Company to , as trustee <br /> for the benefit of the Authority, and any amendments and <br /> supplements thereto permitted by the Bond Purchase <br /> Agreement. <br /> "default" or "event of default" shall have the meaning <br /> set forth in Section 9 .1. <br /> "Depositary" shall mean NCNB National Bank of North <br /> Carolina, a national banking association with its principal <br /> office in Charlotte, North Carolina, in its capacity as <br /> custodian of the Project Fund. <br /> "Determination of Taxability" shall be defined as and <br /> shall be deemed to have occurred on the first to occur of <br /> the following; <br /> (a) on that date when the Company files ( in <br /> compliance with its obligations under this Agreement ) <br /> any statement, supplemental statement or other tax <br /> schedule, return or document (whether pursuant to <br /> Treasury Regulations §1.103--10 (b) ( 2) (vi) , as the same <br /> may be amended or supplemented, or otherwise) which <br /> discloses that an "Event of Taxability, " as hereinafter <br /> defined, shall have in fact occurred (a "Supplemental <br /> Statement" ) ; <br /> (b) on the date when the Holder or any prior <br /> Holder notifies the Company that it has received a <br /> written opinion by an attorney or firm of attorneys of <br /> recognized standing on the subject of municipal bonds <br /> to the effect that an Event of Taxability shall have <br /> occurred; <br /> 5 . <br />