Orange County NC Website
by a court or governmental authority having supervision or jurisdiction over substantially all of <br />the assets or business of the Obligated Person. <br />If the County fails to comply with the undertaking described above, any beneficial owner <br />of the Bonds may take action to protect and enforce the rights of all beneficial owners with <br />respect to such undertaking, including an action for specific performance; provided, however, <br />that failure to comply with such undertaking will not be an event of default and will not result in <br />any acceleration of payment of the Bonds. All actions will be instituted, had and maintained in <br />the manner provided in this paragraph for the benefit of all beneficial owners of the Bonds. <br />The County shall provide the documents and other information referred to above to the <br />MSRB in an electronic format as prescribed by the MSRB and accompanied by identifying <br />information as prescribed by the MSRB. <br />The County may discharge its undertaking as set forth in this resolution by providing <br />such information in any manner that the United States Securities and Exchange Commission <br />subsequently authorizes in lieu of the manner described above. <br />The County reserves the right to modify from time to time the information to be provided <br />to the extent necessary or appropriate in the County's judgment, provided that: <br />(a) any such modification may only be made in connection with a change in <br />circumstances that arises from a change in legal requirements, change in law, or change in the <br />identity, nature, or status of the County; <br />(b) the information to be provided, as modified, would have complied with the. <br />requirements of Rule 15c2 -12 as of the date of the final Official Statement, after taking into <br />account any amendments or interpretations of Rule 15c2 -12, as well as any changes in <br />circumstances; and <br />(c) any such modification does not materially impair the interests of the beneficial <br />owners, as determined either by parties unaffiliated with the County or by the approving vote of <br />the registered owners of a majority in principal amount of the Bonds pursuant to the terms of the <br />bond resolution, as it may be amended from time to time, at the time of the amendment. <br />Any annual financial information containing modified operating data or financial <br />information will explain, in narrative form, the reasons for the modification and the effect of the <br />change in the type of operating data or financial information being provided. <br />