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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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2026 1,725,000 2036 1,722,000 <br /> 2027 1,724,000 2037 1,721,000 <br /> 2028 1,724,000 2038 1,721,000 <br /> 2029 1,722,000 2039 1,659,000 <br /> 2030 1,722,000 2040 1,659,000 <br /> 2031 1,722,000 2041 1,658,000 <br /> 2032 1,722,000 2042 1,657,000 <br /> 2033 1,722,000 2043 1,657,000 <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 /> 4 <br />
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