Orange County NC Website
25 <br /> ARTICLE II <br /> REDEMPTION <br /> Section 2.01. Redemption Dates and Prices. (a) Principal of the 2023 <br /> Bonds is subject to redemption and prepayment prior to the scheduled Payment <br /> Dates only under the terms of this Article. <br /> (b) 2023A Bond- The County may prepay the principal of the 2023A Bond <br /> in whole or in part at any time, at the County's option, upon payment of (i) the <br /> principal amount to be prepaid, plus (ii) interest accrued to the prepayment date, <br /> plus (iii) a prepayment premium equal to the greater of 1% of the amount prepaid <br /> or a "Break Funding Fee" in an amount computed as follows: <br /> The "Current Rate" shall be subtracted from the "Original Rate." If the result is zero <br /> or a negative number, there is no Break Funding Fee. If the result is a positive <br /> number, then the resulting percentage shall be multiplied by the amount being <br /> prepaid times the "Remaining Term" divided by 360 days. That is, the "Break <br /> Funding Fee" = [Principal Amount Being Prepaid x (Original Rate - Current Rate) x <br /> (Remaining Term/360 days)] plus accrued interest. <br /> The registered owner of the 2023A Bond shall calculate the Break Funding Fee in <br /> accordance with its customary practices, and the Bondholder's calculation shall be <br /> conclusive absent manifest error. <br /> "Remaining Term" means the number of days from the calculation date to the final <br /> Payment Date on the 2023A Bond. "Current Rate" means the "Treasury Constant <br /> Maturities Rate," as defined below, effective on the calculation date. "Original Rate" <br /> means the Treasury Constant Maturities Rate effective on the day the Lender <br /> received the County's acceptance of the Lender's proposal to purchase the Bonds, <br /> that being , 2023. <br /> "Federal Reserve Banking Day" means any day other than a Saturday or Sunday that <br /> is neither a legal holiday nor a day on which Federal Reserve is authorized or <br /> required by law, regulation or executive order to close. <br /> 7 <br />