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Agenda - 04-07-20; 8-h - Adoption of the Final Resolution Authorizing the Issuance of Approx. $40,000,000 in Installment Purchase Financing for CIP Projects
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Agenda - 04-07-20; 8-h - Adoption of the Final Resolution Authorizing the Issuance of Approx. $40,000,000 in Installment Purchase Financing for CIP Projects
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4/3/2020 9:51:48 AM
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BOCC
Date
4/7/2020
Meeting Type
Business
Document Type
Agenda
Agenda Item
8-h
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Agenda 04-07-20 Virtual Business Meeting
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23 <br /> THIS THIRD SUPPLEMENTAL TRUST AGREEMENT is dated as of May 1, <br /> 2020 (this "Supplemental Agreement"), is between ORANGE COUNTY, NORTH <br /> CAROLINA, a political subdivision of the State of North Carolina (the "County"), and <br /> THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking <br /> association having an office in Jacksonville, Florida, as trustee (the "Trustee"), and <br /> relates to the issuance of [$45,000,000] Limited Obligation Bonds, Series 2020 (the <br /> "2020 Bonds"). <br /> RECITALS <br /> The County and the Trustee executed and delivered a Trust Agreement dated <br /> as of June 1, 2018 (the "2018 Agreement"). The 2018 Agreement provides for the <br /> issuance of a 2018 series of limited obligation bonds (the "2018 Bonds"), and allows <br /> for the issuance of additional series of limited obligation bonds. The 2018 <br /> Agreement provides that the parties will enter into a supplemental agreement for <br /> each issue of limited obligation bonds. <br /> The County and the Trustee are now entering into this Supplemental <br /> Agreement to supplement the 2018 Agreement and provide for the issuance of the <br /> 2020 Bonds as additional bonds under the Trust Agreement. The 2020 Bonds are <br /> issued and secured on a parity with the 2018 Bonds. <br /> The County is issuing the 2020 Bonds to provide funds to be used, together <br /> with other available funds, on a project (the "2020 Project") to acquire, construct, <br /> equip and otherwise improve a variety of County facilities and assets, including <br /> those described in Exhibit A, and to pay financing costs and other related costs. <br /> Each of the 2020 Bonds represents an "installment contract" within the <br /> meaning of Section 160A-20 of the North Carolina General Statutes, between the <br /> County and the owner of that Bond. The Trustee serves under this Supplemental <br /> Agreement for and on behalf of the bondholders. <br /> Unless the context clearly requires otherwise, capitalized terms used in this <br /> Supplemental Agreement and not otherwise defined have the meanings set forth in <br /> Exhibit B or in the 'Prior Agreement,"as defined in Exhibit B. <br /> NOW, THEREFORE, in consideration of the covenants contained in this <br /> Supplemental Agreement, the parties agree as follows: <br /> 1 <br />
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