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Agenda - 06-24-1986
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Agenda - 06-24-1986
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10/11/2016 2:43:46 PM
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BOCC
Date
6/24/1986
Meeting Type
Regular Meeting
Document Type
Agenda
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thority, the Company and the Holder . Alterations and modifica- <br /> tions of the Company Guaranty, or of any amendments or supplements <br /> thereto, may be made only with the written consent of the Company <br /> and the Holder . Alterations and modifications of the Personal <br /> Guaranty, or of any amendment or supplement thereto, may be made <br /> only with the written consent of the Personal Guarantors, the <br /> Authority and the Holder. <br /> Section 13. Limitation of Liability of Members, etc. , of <br /> Authority. The Authority and the members, officers, agents and <br /> employees of the Authority shall not be liable under this Agree- <br /> ment except as provided in Sections 11 . 12 and 11. 13 of the Loan <br /> Agreement. <br /> Section 14 . Execution in Counterparts. This Agreement may <br /> be executed in several counterparts, each of which shall be an <br /> original and all of which shall constitute but one and the same <br /> instrument. <br /> Section 15. Miscellaneous. (a) The Company agrees to pay <br /> ( i) the reasonable fees and expenses of counsel to the Authority, <br /> of Bond Counsel, of counsel to the Purchaser and of counsel to the <br /> Depositary and all other costs and expenses incidental to the <br /> financing hereunder and the issuance of the Bond, including the <br /> costs of producing the documents referred to herein and the fee of <br /> the Local Government Commission of North Carolina; ( ii) all taxes, <br /> if any, upon any documents or transactions pursuant to this Agree- <br /> ment ; (iii ) all expenses incidental to all filings and recordings <br /> pursuant to the Bond Documents; and ( iv) all costs of collection <br /> ( including reasonable counsel fees) in the event of default in the <br /> payment of the principal of or interest and premium, if any, on <br /> the Bond or other charges payable under this Agreement. <br /> (b) This Agreement shall be binding upon and shall inure to <br /> the benefit of the Authority, the Depositary, the Holder and the <br /> Company and their respective successors and assigns. <br /> (c) Upon Payment of the Bond (as defined in the Loan <br /> Agreement) , the Authority shall be relieved of all further obliga- <br /> tions with respect to the Bond and this Agreement, except for the <br /> obligation to make certain payments in the event of a Determina- <br /> tion of Taxability as more particularly provided in the Bond. <br /> (d) Any moneys required or permitted to be paid or deposited <br /> with the Holder under the provisions of the Loan Agreement, the <br /> Assignment, the Security Agreement or the Deed of Trust (other <br /> than as a payment or prepayment of amounts due pursuant to the <br /> Note or the Loan Agreement or of the principal of or interest or <br /> premium, if any, on the Bond or as a payment of or reimbursement <br /> for an expense to be paid or reimbursed to the Holder by Company) <br /> 13 . <br />
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