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Agenda 05-02-2019 - 6-a - Adoption of the Final Financing Resolution Authorizing the Issuance of $16,950,000 in Installment Purchase Financing for Various Capital Investment Plan Projects
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Agenda 05-02-2019 - 6-a - Adoption of the Final Financing Resolution Authorizing the Issuance of $16,950,000 in Installment Purchase Financing for Various Capital Investment Plan Projects
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BOCC
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5/2/2019
Meeting Type
Regular Meeting
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Agenda
Agenda Item
6-a
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Agenda 05-02-2019 Regular Board Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2019\Agenda - 05-02-19 Regular Meeting
Minutes 05-02-2019 Regular Meeting
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\Board of County Commissioners\Minutes - Approved\2010's\2019
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57 <br /> Attachment 4 <br /> ORANGE COUNTY,NORTH CAROLINA <br /> LIMITED OBLIGATION BONDS, SERIES 2019 <br /> BOND PURCHASE AGREEMENT <br /> May , 2019 <br /> Orange County,North Carolina <br /> Hillsborough,North Carolina <br /> Ladies and Gentlemen: <br /> The undersigned, FTN Financial Capital Markets, on behalf of itself and as representative <br /> (in such capacity, the "Representative") of Robert W. Baird & Co. Incorporated (together, the <br /> "Underwriters"), offers to enter into the following purchase agreement (this "Bond Purchase <br /> Agreement") with Orange County, North Carolina (the "County"), which, upon the County's <br /> acceptance of this offer, will be binding upon the County and the Underwriters. This offer is <br /> made subject to the County's acceptance of this Bond Purchase Agreement, which acceptance <br /> shall be evidenced by the execution and delivery (manually or by facsimile transmission) of this <br /> Bond Purchase Agreement by a duly authorized officer of the County on or before 12:00 P.M., <br /> Eastern Time, on the date hereof. Upon such acceptance, execution and delivery, this Bond <br /> Purchase Agreement shall be in full force and effect in accordance with its terms and shall be <br /> binding upon the County and the Underwriters. Except as expressly otherwise defined herein, <br /> capitalized terms used herein shall have the same meanings as set forth in the Preliminary <br /> Official Statement(as defined below). <br /> (1) Purchase and Sale. (a) Upon the terms and conditions and based on the <br /> representations, warranties and covenants hereinafter set forth, the Underwriters hereby agree to <br /> purchase from the County, and the County hereby agrees to sell to the Underwriter, all (but not <br /> less than all) of the $ aggregate principal amount of the County's Limited <br /> Obligation Bonds, Series 2019 (the "Bonds"), dated the date of payment for and the delivery of <br /> the Bonds (such payment and delivery being herein sometimes called the "Closing"). The <br /> purchase price for the Bonds shall be $ (principal amount of the Bonds, plus [net] <br /> original issue premium of $ , less underwriters' discount of $ ) (the <br /> "Purchase Price"). The Underwriters shall pay the Purchase Price for the Bonds on the day of <br /> the Closing by wiring $ , at the County's direction, to the Trustee (as defined below). <br /> (b) The Bonds shall be issued and secured under and pursuant to a Trust <br /> Agreement dated as of June 1, 2018 (the "2018 Trust Agreement"), as supplemented by the First <br /> Supplemental Trust Agreement dated as of May 1, 2019 (the "Supplemental Agreement"; the <br /> 2018 Trust Agreement, as so supplemented, being referred to herein as the "Trust Agreement"), <br /> each between the County and The Bank of New York Mellon Trust Company, N.A. as trustee <br /> (the "Trustee"). The County is authorized pursuant to Section 20 of Chapter 160A of the <br /> General Statutes of North Carolina (the "Act"), to issue the Bonds for the purpose of providing <br />
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