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Agenda 05-03-22; 8-j - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Projects
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Agenda 05-03-22; 8-j - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Projects
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4/28/2022 3:34:56 PM
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BOCC
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5/3/2022
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Business
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Agenda
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8-j
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Agenda for May 3, 2022 BOCC Meeting
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38 <br /> (e) Any communication sent under this Agreement must also be sent to the <br /> County and the Trustee, along with any other parties to which the communication <br /> may be addressed. Any party sending a communication under this Supplemental <br /> Agreement must also send a copy to the Lender, so long as the Lender is the <br /> registered owner of any portion of the 2022 Bonds. Any party sending a <br /> communication under this Supplemental Agreement that relates to amendments or <br /> defaults must also send a copy to the LGC. <br /> (f) Whenever this Supplemental Agreement requires the giving of a notice, <br /> the person entitled to receive the notice may waive the notice, in writing. The giving <br /> or receipt of the notice will then not be a condition to the validity of any action taken <br /> in reliance upon the waiver. <br /> Section 5.02. Definition of "Restricted Yield." With respect to the 2022 <br /> Bonds, a "Restricted Yield" means a "yield," within the meaning of Treas. Regs. Secs. <br /> 1.103-13(c), -13(d), 1.148-9T(a), or any successor or other provision that may be <br /> applicable, not in excess of a "yield" equal to %. <br /> Section 5.03. Consent to Jurisdiction. The Trustee consents to jurisdiction <br /> in the State of North Carolina for any lawsuit arising from this Supplemental <br /> Agreement, or arising from any of the related transactions contemplated by this <br /> Supplemental Agreement. <br /> Section 5.04. Binding Effect; Limitation of Rights. This Supplemental <br /> Agreement is binding upon, inures to the benefit of and is enforceable by the parties <br /> and their respective successors and assigns. Nothing expressed or implied in this <br /> Supplemental Agreement or the 2022 Bonds gives any person other than the <br /> Trustee, the County and the Owners any right, remedy or claim under or with <br /> respect to this Supplemental Agreement. <br /> Section 5.05. Severability. If any provision of this Supplemental Agreement <br /> is determined to be unenforceable, that does not affect any other provision of this <br /> Supplemental Agreement. <br /> 13 <br />
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