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Agenda - 11-16-1993 - VIII-A (2)
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Agenda - 11-16-1993 - VIII-A (2)
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8/16/2017 11:34:26 AM
Creation date
8/16/2017 11:31:16 AM
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BOCC
Date
11/16/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VIII-A
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"Trustee"means First Union National Bank of North Carolina, a banking corporation, organized <br /> and existing pursuant to the laws of the United States, as trustee, and any successor trustee at the time <br /> serving as such hereunder. <br /> "Trustee Representative" means the person or persons at the time designated to act on behalf of <br /> the Trustee for purposes of performing any act on behalf of the Trustee under the Indenture by a written <br /> certificate furnished to the County and the Corporation containing the specimen signature of such person <br /> or persons and signed on behalf of the Trustee by any duly authorized officer of the Trustee. <br /> "Trust Estate" means all property and rights conveyed by the Corporation under the Granting <br /> Clauses of this Indenture. <br /> Section 1.02. Interpretations. For purposes of this Indenture: <br /> (a) Successors. References to specific persons, positions or officers include those <br /> who or which succeed to or perform their respective functions, duties or responsibilities. <br /> (b) Laws. References to the Code, or to the laws or Constitution of the State, or <br /> rules or regulations thereunder, or to a section, division, paragraph or other provision thereof, <br /> include those laws and rules and regulations, and that section, division, paragraph or other <br /> provision thereof as from time to time amended, modified, supplemented, revised or superseded, <br /> provided that no such amendment, modification, supplementation, revision or supersession shall <br /> be applied to alter the obligation to pay the principal,premium, if any, or interest due and owing <br /> on the Bonds Outstanding in the amount and manner, at the times, and from the sources provided <br /> in this Indenture. <br /> (c) Singular/Plural. Unless the context otherwise indicates, words importing the <br /> singular number include the plural number and words importing the plural number include the <br /> singular number. <br /> (d) Computations. Unless otherwise provided in this Indenture or the facts are then <br /> otherwise, all computations required for the purposes of this Indenture shall be made on the <br /> assumptions that: (i) all Payment Obligations shall be paid as and when the same become due; <br /> and (ii) all credits required by this Indenture to be made to any fund or account shall be made <br /> in the amounts and at the times required. <br /> (e) Exclusion of Bonds Held by or for the County and the Corporation. In <br /> determining whether the registered owners of the requisite principal amount of Bonds Outstanding <br /> have given any request, demand, authorization, direction, notice, consent or waiver hereunder, <br /> Bonds owned by the County and the Corporation shall be disregarded and deemed not to be <br /> Outstanding, except that, in determining whether the Trustee shall be protected in relying upon <br /> any such request,demand, authorization,direction,notice, consent or waiver, only Bonds which <br /> the Trustee knows to be so owned shall be disregarded. <br /> (f) Certificates and Opinions. Except as otherwise specifically provided in this <br /> Indenture, each certificate or opinion with respect to compliance with a condition or covenant <br /> provided for in this Indenture includes an identification of any certificates or opinions relied on <br /> in such certificate or opinion, and a statement: (i) that the person making the certificate or <br /> opinion has read the covenant or condition and the definitions herein relating thereto; (ii) as to <br /> the nature and scope of the examination or investigation upon which the statements or opinions <br /> 8 <br />
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