Orange County NC Website
52 <br /> prepaid plus interest accrued to the prepayment date. No premium or penalty is <br /> payable for a redemption made under this Section after May 12, 2032. For a <br /> prepayment made on or before May 12, 2032, the County must pay the Make Whole <br /> Prepayment Premium. If the County redeems a portion of this Bond, the County will <br /> prepare, and the Trustee will deliver, a new Bond in principal amount equal to the <br /> unpaid portion to the registered owner upon the surrender of this Bond. <br /> "Make Whole Prepayment Premium" means an amount equal to the present <br /> value of the difference between (1) the amount that would have been realized by the <br /> Lender on the prepaid amount for the remaining term of the loan at the rate for <br /> fixed-rate payers in U.S. Dollar interest rate swaps as quoted by Bloomberg (the <br /> "Swap Rate') for a term corresponding to the term of the 2022B Bond, interpolated <br /> to the nearest month, if necessary, that was in effect three Business Days before the <br /> Closing Date and (2) the amount that would be realized by the Lender by reinvesting <br /> such prepaid funds for the remaining term of the loan at the Swap Rate for fixed- <br /> rate payers in U.S. Dollar interest rate swaps, interpolated to the nearest month, that <br /> was in effect three Business Days prior to the loan repayment date; both discounted <br /> at the same interest rate utilized in determining the applicable amount in (2). <br /> Should the present value have no value or a negative value, the County may repay <br /> with no additional fee. Should Bloomberg no longer release rates for fixed-rate <br /> payers in U.S. Dollar interest rate swaps, the Lender may substitute the Bloomberg <br /> index for rates for fixed-payers in U.S. Dollar interest rate swaps with another <br /> similar index as determined by the Lender. The Lender shall provide the County <br /> with a written statement explaining the calculation of the premium due, which <br /> statement shall, in absence of manifest error, be conclusive and binding. <br /> Partial prepayments may be made subject to a prepayment charge based <br /> upon the same calculation methodology described above. Any partial prepayment <br /> shall be applied to installments of principal in the inverse order of maturity and <br /> shall not postpone the due dates of, or relieve the amounts of, any scheduled <br /> installment payments due hereunder.Any amounts repaid hereunder may not be re- <br /> borrowed. For purposes of this provision, the term Business Day shall mean any day <br /> other than a Saturday or Sunday or other day on which the Lender is authorized or <br /> required to close. <br /> 27 <br />