Orange County NC Website
28 <br /> (iii) In any case, both (A) to the MSRB for posting on the EMMA System and <br /> (B) to the LGC. <br /> The County, however, acknowledges and agrees that the Trustee is not acting as the <br /> disclosure or dissemination agent for purposes of Rule 15c2-12 in connection with <br /> any notice to be posted with the MSRB via the EMMA System. Notwithstanding <br /> anything in this Supplemental Agreement to the contrary, the only remedy for the <br /> Trustee's failure to post any notice (not limited to redemption notices) with the <br /> EMMA System will be an action by the holders of the 2020 Bonds, as applicable, for <br /> specific performance or similar remedy to compel performance. <br /> Failure to give any notice specified in (i) or (ii), as applicable, or any defect in <br /> that notice, will not affect the validity of any proceedings for the redemption of any <br /> 2020 Bonds with respect to which no failure has occurred. Failure to give any notice <br /> specified in (iii), or any defect in that notice, will not affect the validity of any <br /> proceedings for the redemption of any 2020 Bonds with respect to which the notice <br /> specified in (i) or (ii) is correctly given. Any notice mailed as provided in this <br /> Supplemental Agreement will conclusively be presumed to have been given <br /> regardless of whether received by any Owner. <br /> (b) Any redemption notice may state that the redemption to be effected is <br /> conditioned upon -- <br /> (i) the Trustee's receipt on or prior to the redemption date of moneys <br /> sufficient to pay the principal of and interest on the 2020 Bonds to be <br /> prepaid; or <br /> (ii) any other condition not unacceptable to the Trustee. <br /> If a notice contains a condition and the Trustee either (i) does not receive <br /> moneys sufficient to pay the principal of and interest on the 2020 Bonds on or <br /> prior to the redemption date, or (ii) the stated condition is not fulfilled, <br /> in either case on or prior to the redemption date, <br /> then redemption will not be made, and the Trustee must, within a reasonable <br /> time, give notice the same way the redemption notice was given that the moneys <br /> 6 <br />