Agenda - 09-04-1990 - Laserfiche WebLink

Browse Search

11 Information Return for Tax - Exempt Private Activity Bond Issues (Form 8038) and (c) such other instruments and documents as may be necessary or desirable to comply with applicable provisions of Sections 103 and 141 through 150 of the Code. In addition, the Company is hereby appointed as the Authority's authorized representative for purposes of making all (formal and informal) elections with respect to the Bonds under the Treasury Regula- tions (including, without limitation, Temp. Treas. Reg. § 1.148 - OT through § 1.148 -9T). Section 12. Pursuant to N.C.G.S. § 159E -8(a) the Authority hereby appoints, subject to approval by the Local Government Commission of the State of North Carolina, Branch Banking and Trust Company, as bond registrar, paying agent and transfer agent in connection with the issuance, sale, delivery, transfer, registration and payment of the Bonds issued under the Trust Indenture (the "Bond Registrar "), said Bond Registrar to maintain on behalf of the Authority the system of registration, within the meaning of N.C.G.S. § 159E- 2(14), of certificated registered obligations issued under the Trust Indenture, as more particularly set forth in the Trust Indenture, such provisions to control to the extent in conflict with the provisions of N.C.G.S. § 159E -4(d) respecting the setting of record dates for the payment of principal, premium, if any, or interest on the Bonds. Section 13. The records of the Bond Registrar pertaining to its duties under the Trust Indenture, including the bond registration books provided for therein, shall be maintained by the Bond Registrar at its principal corporate trust offices located in Charlotte, North Carolina, or at such other of its offices as it may notify the Authority in writing. Section 14. The Bond Registrar shall receive such compensa- tion and fees, to be paid by the Company, as are provided for in the Trust Indenture and the Loan Agreement. Section 15. The Secretary or the Assistant Secretary of the Authority is hereby directed to transmit a certified copy of these resolutions forthwith to the Secretary of the Local Government Commission of North Carolina, such a transmittal to constitute the request by the Authority that the Local Government Commission of North Carolina, or its duly authorized designate, approve the system of registration of the Bonds, and the appointment of a Bond Registrar, as provided in these Resolu- tions. Section 16. The actions by officers of the Authority in filing with the Local Government Commission of North Carolina an application for approval of the issuance of the Bonds, in notifying the Secretary of the Department of Economic and Community Development of North Carolina of such filing and in applying for all other approvals referred to in this Resolution are hereby ratified and confirmed. 0