Orange County NC Website
request mailed by the Trustee must also designate a date not more than 180 nor less <br /> than 30 days following the mailing date, as designated by the County, by which <br /> consent must be returned to be effective. The County must pay the expenses of any <br /> mailing and copies required under this Section. <br /> (c) The proposed supplement or amendment will not become effective <br /> unless and until there are filed with the Trustee the written consent of the Owners <br /> (as of the record date) of not less than a majority in aggregate principal amount of <br /> the Bonds Outstanding as of the established record date (exclusive of Bonds <br /> disregarded from the calculation as provided in Section 13.04) and the Trustee has <br /> mailed the notices required by Section 13.09. Each consent will be effective only if <br /> accompanied by proof of ownership of the Bonds for which the consent is given as <br /> provided in Section 13.05 and given within the time designated as provided in <br /> subsection (b) above. <br /> Section 13.04. Bonds Excluded from Calculation. Bonds owned or held by <br /> or for the account of the County or by any person directly or indirectly controlling or <br /> controlled by, or under direct or indirect common control with, the County (except <br /> any Bonds held in any pension or retirement fund), are not deemed Outstanding for <br /> any action or any calculation of Outstanding Bonds provided for in this Agreement. <br /> Similarly, Owners of those Bonds are not entitled to take any action provided for in <br /> this Agreement. If, however, all Outstanding Bonds are owned by the County or <br /> other Owners described in this paragraph, then none of the Outstanding Bonds are <br /> excluded from calculation under this paragraph. <br /> For purposes of this Section, the Trustee may assume that no Bonds are <br /> excluded from any calculation of Outstanding Bonds provided for in this Agreement <br /> except for Bonds (i) that are registered in the County's name or (ii) for which the <br /> Trustee has received written notice that the Bonds are owned or held by or for the <br /> account of the County or by any person directly or indirectly controlling or <br /> controlled by or under direct or indirect common control with the County. <br /> The County and the Trustee intend, however, that the County's ownership or <br /> holding of Bonds will not, by itself, give rise to an extinguishment of the Bonds or of <br /> any obligation arising under this Agreement. <br /> The Trustee may (but is not required to) provide for each Owner, before an <br /> Owner's consent is deemed effective, to certify or otherwise provide evidence to <br /> 50 <br />