Orange County NC Website
46 <br /> (16) Default, event of acceleration, termination event, modification of terms <br /> or other similar events under the terms of a financial obligation of the County, any of <br /> which reflect financial difficulties; and <br /> (d) in a timely manner, not in excess of ten Business Days after the <br /> occurrence of the failure, notice of a failure of the County to provide required annual <br /> financial information described in (a) or (b) above on or before the date specified. <br /> "Financial obligation" means (a) a debt obligation, (b) a derivative instrument <br /> entered into in connection with, or pledged as security or a source of payment for, <br /> an existing or planned debt obligation, or (c) a guarantee of an obligation described <br /> in either clause (a) or (b). The term "financial obligation" shall not include municipal <br /> securities as to which a final official statement has been provided to the MSRB <br /> consistent with Rule 15c2-12 of the Securities and Exchange Commission <br /> promulgated under the Securities Exchange Act of 1934, as amended. <br /> As used above, the "final Official Statement" means the Official Statement <br /> dated June , 2024, that the County has approved and authorized for use in <br /> connection with the offering and sale of the 2024 Bonds. <br /> For the purposes of the events identified in subparagraph (c)(12) above, the <br /> event is considered to occur when any of the following occurs: the appointment of a <br /> receiver, fiscal agent or similar officer for an Obligated Person in a proceeding under <br /> the U.S. Bankruptcy Code or in any other proceeding under state or federal law in <br /> which a court or governmental authority has assumed jurisdiction over <br /> substantially all of the assets or business of the Obligated Person, or if such <br /> jurisdiction has been assumed by leaving the existing governing body and officials <br /> or officers in possession but subject to the supervision and orders of a court or <br /> governmental authority, or the entry of an order confirming a plan of <br /> reorganization, arrangement or liquidation by a court or governmental authority <br /> having supervision or jurisdiction over substantially all of the assets or business of <br /> the Obligated Person. <br /> If the County fails to comply with the undertaking described above, the <br /> Trustee may take action to protect and enforce the rights of all the beneficial owners <br /> of the 2024 Bonds with respect to such undertaking, including an action for specific <br /> performance; provided, however, that failure to comply with such undertaking will <br /> not be an Event of Default and will not result in any acceleration of payment of the <br /> 17 <br />