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Agenda 05-21-24; 6-b - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Projects
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Agenda 05-21-24; 6-b - Adoption of the Final Financing Resolution Authorizing the Issuance of Installment Purchase Financing for Various Capital Investment Plan Projects
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5/21/2024
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Agenda
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6-b
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Agenda for May 21, 2024 BOCC Meeting
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16 <br /> 2-2 Definitions. All capitalized terms used in this Supplement and not <br /> otherwise defined have the meanings ascribed to them otherwise in the Loan <br /> Documents. In addition, the following terms used in this Supplement have the <br /> following meanings, unless the context clearly requires otherwise: <br /> The "Loan Documents" are the 2021 Agreement, the First Supplemental Trust <br /> Agreement dated as of June 13, 2023 (the "2023 Agreement"), which provided for <br /> the issuance of the 2023 Bonds, the 2024 Agreement, the 2024 Bonds, the Prior <br /> Bonds and the Modified Deed of Trust. <br /> "Permitted Encumbrances" means, as of any particular time, (a) the <br /> encumbrances on the County's title to the Mortgaged Property that are stated on <br /> Exhibit B, (b) liens for taxes and assessments not then delinquent, or liens which <br /> may remain unpaid pursuant to the Modified Deed of Trust, (c) the Modified Deed of <br /> Trust, (d) any lien or encumbrance which is made by its terms expressly <br /> subordinate to the lien of the Modified Deed of Trust, including leases of Mortgaged <br /> Property made by the County, as lessor, to other units of State or local government, <br /> (e) easements and rights-of-way granted by the County pursuant to the Modified <br /> Deed of Trust, and (f) encumbrances on the County's title to property that may be <br /> added in the future to the definition of the Mortgaged Property existing at the time <br /> the property becomes part of the Mortgaged Property. <br /> "Prior Bonds" means all the County's limited obligation bonds issued <br /> pursuant to the 2021 Agreement, as previously supplemented, and specifically <br /> means the following bonds: <br /> $12,585,000 original aggregate principal amount Limited Obligation Bonds, <br /> Series 2021A and 2021B (the "2021 Bonds") <br /> $14,298,000 original aggregate principal amount Limited Obligation Bonds, <br /> Series 2023A and 2023B (the "2023 Bonds") <br /> 2-3 Governing Law; Forum. The County, BNY-M and the Deed of Trust <br /> Trustee intend that North Carolina law will govern this Supplement and all matters <br /> of its interpretation. To the extent permitted by law, the County, BNY-M and the <br /> Deed of Trust Trustee agree that any action brought with respect to this Supplement <br /> must be brought in the North Carolina General Court of Justice in Orange County, <br /> North Carolina. <br />
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