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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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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 05-03-2022 Business Meeting
Minutes 05-03-2022 Business Meeting
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\Board of County Commissioners\Minutes - Approved\2020's\2022
OTHER-2022-023-Deed of Trust Supplement
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\Board of County Commissioners\Various Documents\2020 - 2029\2022
RES-2022-023-Resolution Providing Final Approval of Terms and Documents for Spring 2022 Installment Financing
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\Board of County Commissioners\Resolutions\2020-2029\2022
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29 <br /> (d) Exhibit D shows a schedule of payments due on the 2022 Bonds with <br /> respect to each Payment Date. Upon any change to the 2022A Interest Rate or the <br /> 2022B Interest Rate, the affected Bondholder shall promptly prepare a substitute <br /> Exhibit D reflecting the new interest rate and resulting payment schedule, and <br /> deliver a copy of the new schedule to the County, the Trustee and to the LGC. The <br /> Trustee has no responsibility to calculate any new payments, with those matters <br /> lying only between the County and the affected Bondholders. <br /> Section 1.05. Event of Taxability. Except as otherwise provided herein, <br /> upon the occurrence of an Event of Taxability and for as long as any portion of the <br /> 2022A Bond remains outstanding, the 2022A Interest Rate shall be converted to the <br /> Taxable Rate. This adjustment shall survive full payment on the 2022A Bond until <br /> such time as the federal statute of limitations under which the interest on the 2022A <br /> Bond could be declared taxable under the Code has expired. In addition, upon an <br /> Event of Taxability, the County shall, immediately upon demand, pay to the <br /> Bondholder (or prior Bondholders, if applicable) (i) an additional amount equal to <br /> the difference between (A) the amount of interest actually paid on the 2022A Bond <br /> during the Taxable Period and (B) the amount of interest that would have been paid <br /> during the Taxable Period had the 2022A Bond borne interest at the Taxable Rate, <br /> and (ii) an amount equal to any interest, penalties and additions to tax (as referred <br /> to in Subchapter A of Chapter 68 of the Code) owed by the Bondholder as a result of <br /> the Event of Taxability. <br /> Except as otherwise provided herein, upon the occurrence of an Event of <br /> Taxability and for as long as any portion of the 2022B Bond remains outstanding, <br /> the 2022B Interest Rate shall be converted to the Taxable Rate. This adjustment <br /> shall survive full payment on the 2022B Bond until such time as the federal statute <br /> of limitations under which the interest on the 2022B Bond could be declared taxable <br /> under the Code has expired. In addition, upon an Event of Taxability, the County <br /> shall, immediately upon demand, pay to the Bondholder (or prior Bondholders, if <br /> applicable) (i) an additional amount equal to the difference between (A) the amount <br /> of interest actually paid on the 2022B Bond during the Taxable Period and (B) the <br /> amount of interest that would have been paid during the Taxable Period had the <br /> 2022B Bond borne interest at the Taxable Rate, and (ii) an amount equal to any <br /> interest, penalties and additions to tax (as referred to in Subchapter A of Chapter 68 <br /> of the Code) owed by the Bondholder as a result of the Event of Taxability. <br /> 4 <br />
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