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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
Metadata
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Template:
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)
Path:
\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)
Path:
\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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Upon any " Determination of Taxability " or " Event of Taxability, " as defined <br /> below, ( a) the principal of the this Bond will remain payable on dates and in <br /> amounts as provided in Schedule I , but ( b ) the unpaid principal of this Bond will, <br /> from and after the " Date of Taxability, " as defined below, bear interest at the rate <br /> that will provide to each affected Bondholder the effective yield which it would have <br /> received if there had not been a Determination of Taxability or an Event of <br /> Taxability ( the "Alternative Rate of Interest" ) , payable from and after the Date of <br /> Taxability, <br /> The County shall also pay to each affected Bondholder, upon the Bondholder' s <br /> demand , ( i ) the difference between interest paid and interest that would have been <br /> due at the Alternative Rate of Interest for all Payment Dates from the Date of <br /> Taxability to the demand date , and (h) all amounts which may be necessary to <br /> reimburse the ' Bondholder for any interest, penalties or other charges assessed by <br /> the United States Internal Revenue Service or the North Carolina Department of <br /> Revenue against the Bondholder by reason of the Bondholder' s failure to include the <br /> interest paid by the County on the this Bond in its grass income for income tax <br /> purposes . The County shall pay to each affected Bondholder interest calculated at <br /> the Alternative Rate of Interest notwithstanding any transfer by the Bondholder or <br /> payment or prepayment by the County prior to the Determination of Taxability. <br /> As appropriate, each affected Bondholder shall promptly prepare a substitute <br /> Schedule I reflecting the Alternative Rate of Interest, as calculated by the <br /> Bondholder, and the resulting payment schedule, and deliver a copy of the new <br /> schedule to the County, the Trustee and to the North Carolina Local Government <br /> Commission (the " LGC " ) . The Trustee has no responsibility to calculate any such <br /> additional interest, penalties or charges , or to confirm that any have been paid, with <br /> those matters lying only between the County and the affected Bondholders . <br /> " Determination of Taxability" means a determination that interest on this Bond <br /> paid by the County is included in gross income of a Bondholder for federal income tax <br /> purposes, which determination shall be deemed to have been made upon the first to <br /> occur of the following : (a) the date on which the Bondholder is advised in writing by <br /> the Commissioner or any District Director of the Internal Revenue Service that, as a <br /> consequence of an action, or failure to act, by the County, the interest is included in the <br /> Bondholder' s gross income for federal income tax purposes ; (b ) the date on which the <br /> County receives notice from a Bondholder that the Bondholder has been advised (i) in <br /> writing by the Internal Revenue Service that the Service has issued a statutory notice <br /> of deficiency or similar notice to the Bondholder which asserts, in effect, that interest <br /> 26 <br />
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