Orange County NC Website
, <br />agreement relating to any such actions, other than pursuant to its terms, if material; <br />and <br />(14) Appointment of a successor or additional trustee or the change of name <br />of a trustee, if material; and <br />(d) in a timely manner, notice of a failure of the County to provide required <br />annual financial information described in (a) or (b) above on or before the date <br />specified. <br />For the purposes of the event identified in subparagraph (12) above, the <br />event is considered to occur when any of the following occurs: the appointment of a <br />receiver, fiscal agent or similar officer for an Obligated Person in a proceeding under <br />the U.S. Bankruptcy Code or in any other proceeding under state or federal law in <br />which a court or governmental authority has assumed jurisdiction over <br />substantially all of the assets or business of the Obligated Person, or if such <br />jurisdiction has been assumed by leaving the existing governing body and officials <br />or officers in possession but subject to the supervision and orders of a court or <br />governmental authority, or the entry of an order confirming a plan of <br />reorganization, arrangement or liquidation by a court or governmental authority <br />having supervision or jurisdiction over substantially all of the assets or business of <br />the Obligated Person. <br />If the County fails to comply with the undertaking described above, any <br />beneficial owner of the Bonds may take action to protect and enforce the rights of all <br />beneficial owners with respect to such undertaking, including an action for specific <br />performance; provided, however, that failure to comply with such undertaking will <br />not be an event of default and will not result in any acceleration of payment of the <br />Bonds. All actions will be instituted, had and maintained in the manner provided in <br />this paragraph for the benefit of all beneficial owners of the Bonds. <br />The County shall provide the documents and other information referred to <br />above to the MSRB in an electronic format as prescribed by the MSRB and <br />accompanied by identifying information as prescribed by the MSRB. <br />