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OTHER-2022-024-Fourth Supplemental Trust Agreement
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OTHER-2022-024-Fourth Supplemental Trust Agreement
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Last modified
9/28/2022 10:09:28 AM
Creation date
9/28/2022 10:07:44 AM
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Template:
BOCC
Date
5/3/2022
Meeting Type
Business
Document Type
Others
Agenda Item
8-j
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(iv) If to the Lender, to Truist Commercial Equity, Inc., 1414 Raleigh <br /> Road, Chapel Hill, NC 27517, Attention: Jeff Stoddard, with a copy to Tax- <br /> Exempt Lending Group, Truist Bank, 150 Stratford Road, 2nd Floor, Winston- <br /> Salem, NC 27104, Attention: Alex Johnston. <br /> (d) Any addressee (including the LGC and the Lender) may designate <br /> additional or different addresses for communications by notice given under this <br /> Section to each of the others. <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 /> (0 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 2.3812%. <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 /> 13 <br />
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