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OTHER-2021-022 Trust Agreement
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OTHER-2021-022 Trust Agreement
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Last modified
8/27/2021 3:01:03 PM
Creation date
8/27/2021 2:57:43 PM
Metadata
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Template:
BOCC
Date
5/18/2021
Meeting Type
Business
Document Type
Others
Agenda Item
8-e
Document Relationships
Agenda - 05-18-2021; 8-e - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various CIP Projects and To Refinance Existing County Obligations
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 05-18-2021 Virtual Business Meeting
Agenda for May 18, 2021 Board Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 05-18-2021 Virtual Business Meeting
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establish whether the Bonds as to which the consent is given are excluded as <br /> provided in this Section. <br /> Section 13.05. Owners' Consents. Any consent or other instrument required <br /> to be signed by Owners may be in any number of concurrent documents and may be <br /> signed by an Owner or by the Owner's agent appointed in writing. Proof of the <br /> execution of the instrument, or of the instrument appointing an agent, and of the <br /> ownership of Bonds, if made in the following manner, will be conclusive for any <br /> purposes of this Agreement regarding any action taken by the Trustee. <br /> (a) The fact and date of a person's signing an instrument may be proved by <br /> the certificate of any officer in any jurisdiction who by law has power to take <br /> acknowledgments within that jurisdiction that the person signing the writing <br /> acknowledged before the officer the execution of the writing, or by an affidavit of <br /> any witness to the signing. <br /> (b) The fact of ownership of Bonds, the amount or amounts, numbers and <br /> other identification of such Bonds and the date of holding will be proved by the <br /> registration books kept pursuant to this Agreement. <br /> Section 13.06. Effect of Consents. After an amendment or supplement <br /> becomes effective, it binds every Owner. Any consent is binding upon and <br /> irrevocable by the Owner of the Bond giving the consent and on any subsequent <br /> Owner (whether or not any subsequent Owner has notice of the consent), unless the <br /> consent is revoked in writing by the Owner giving the consent, or a subsequent <br /> Owner of the same Bonds, by filing a revocation with the Trustee prior to the time <br /> when the Trustee has mailed the notice provided for in Section 13.09. <br /> Section 13.07. Trustee's Execution of Amendments and Supplements. <br /> The Trustee must execute and deliver any amendment or supplement to the Trust <br /> Agreement or the Bonds authorized by this Article if the amendment or supplement <br /> does not adversely affect the rights, duties, liabilities or immunities of the Trustee, <br /> as the Trustee may determine in its reasonable discretion. If the amendment or <br /> supplement has such an adverse effect, the Trustee may, but need not, execute and <br /> deliver it. In determining to execute and deliver an amendment or supplement, the <br /> Trustee is entitled to receive and may conclusively rely on an Opinion of Counsel to <br /> the effect (a) that the amendment or supplement is authorized by this Agreement <br /> and (b) that upon execution it will be valid and binding upon the party or parties <br /> executing it in accordance with its terms. <br /> 51 <br />
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