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OTHER-2023-033-First Supplemental Trust Agreement
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OTHER-2023-033-First Supplemental Trust Agreement
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Last modified
8/14/2023 2:00:24 PM
Creation date
8/14/2023 1:57:41 PM
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BOCC
Date
5/16/2023
Meeting Type
Business
Document Type
Others
Agenda Item
8-c
Document Relationships
Agenda 05-16-2023; 12-1 - Information Item - May 2, 2023 BOCC Meeting Follow-up Actions List
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 12-2 - Information Item – Blackwood Farm Park - Reopening Event
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 12-3 - Information Item - Financial Report - Third Quarter FY 2022-23 and American Rescue Plan Act (ARPA) Project Update
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 4-a - Proclamation Recognizing the Success and Accomplishments of Orange County High School Robotics Teams
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 4-b - Resolution Honoring Chief Deputy Jamison R. Sykes for 28 Years of Law Enforcement Service and Awarding Him his Badge and Sidearm
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 4-c - Presentation Regarding Uproar Festival of Public Art
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 5-a - Joint Public Hearing with the Historic Preservation Commission Regarding the Proposed Designation of Three Properties as Orange County Local Landmarks
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 6-a - 2022 Longtime Homeowner Assistance (LHA) Program Evaluation
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 6-b - Approval of a Professional Services Contract with Clarion Associates to Develop a Comprehensive Land Use Plan, and Approval of Budget Amendment #9-A
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 8-a - Minutes
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 8-b - EMS Week Proclamation
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 8-c - Adoption of the Final Resolution Authorizing 2023 Installment Financing for Various Capital Investment Plan Projects for Up to $14,500,000
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 8-d - Fiscal Year 2022-23 Budget Amendment #9
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 8-e - Schools Adequate Public Facilities Ordinance – Approval and Certification of 2023 Report
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 8-f - Amendments to the Orange County Arts Commission Advisory Board Policies and Procedures
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 8-g - Resolution in Support of Safe and Legal Reproductive Healthcare
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda 05-16-2023; 8-h - Boards and Commissions - Appointments
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
Agenda for May 16, 2023 BOCC Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2023\Agenda - 05-16-2023 Business Meeting
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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 . 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 . 03 . 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 2023 Bonds gives any person other than the <br /> Trustee , the County and the Owners any right, remedy or claim under or with <br /> respect to this Supplemental Agreement , <br /> Section 5 , 04 , Severability. If any provision of this Supplemental Agreement <br /> is determined to be unenforceable , that does not affect any other provision of this <br /> Supplemental Agreement, <br /> Section 5 , 05 , Counterparts . This Supplemental Agreement may be signed in <br /> several counterparts, including separate counterparts . Each will be an original , but <br /> all of them together constitute the same instrument. <br /> Section 5 . 06 . Rules for Bond Transfer. ( a) Notwithstanding any provision <br /> or indication in the Trust Agreement to the contrary, the Trustee will not register <br /> the transfer of any 2023 Bonds except to (1) a bank, insurance company, or similar <br /> financial institution , or (ii) any direct or indirect wholly- owned subsidiary either of <br /> the Lender or of any transferee referenced in (1) (in either case , an "Affiliate " ) , <br /> provided that the Affiliate agrees to transfer the 2023 Bonds to a permitted <br /> transferee under this paragraph before it ceases to be an Affiliate if at the time it <br /> ceases to be an Affiliate it would not qualify as a permitted transferee under this <br /> paragraph, or (ill ) any other entity approved by the LGC . In connection with any <br /> such transfer, the transferring owner must notify the Trustee that the transfer is <br /> permitted pursuant to this Section 5 . 06 . The Trustee shall be fully protected in <br /> relying on such notification . <br /> (b ) In connection with any proposed transfer of the 2023 Bonds, the County <br /> shall provide or cause to be provided to the Trustee all information necessary to <br /> 17 <br />
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