Orange County NC Website
Browse       Search
13 <br /> Section 1.04. Trustee's recognition of prerequisite documents. The <br /> Trustee acknowledges the receipt of the following documents prior to its execution <br /> and delivery of this Amending Agreement: <br /> (a) A certified copy of a County Board resolution authorizing the <br /> execution, delivery and issuance of this Amending Agreement, and requesting its <br /> execution and delivery by the Trustee. <br /> (b) Evidence that the LGC has given its written consent to the amendments <br /> carried out by this Amending Agreement. <br /> (c) A copy of this Amending Agreement signed by appropriate County <br /> officials. <br /> (d) A County Certificate to the effect that this Amendment Agreement does <br /> not require the consent of the Owners of the 2019A Bonds to become effective <br /> under the provisions of Section 13.01 of the 2018 Agreement. <br /> (e) An Opinion of Bond Counsel to the effect (i) that the execution and <br /> delivery by the parties of this Amending Agreement is permitted under the terms of <br /> the 2019A Documents, (ii) that this Amending Agreement has been duly authorized <br /> and executed by the County and, subject to appropriate qualifications, is effective to <br /> amend the 2019A Agreement, and (iii) that the execution, delivery and effectiveness <br /> of this Amending Agreement in itself will have no adverse effect on the exemption <br /> from Federal income tax with respect to any Outstanding 2019A Bonds with respect <br /> to which any such interest is intended to be exempt <br /> In addition, the Trustee certifies that on or before April 10, 2026 (that being a <br /> date at least 10 days prior to the effective date of this Amending Agreement), the <br /> Trustee provided for a notice of the proposed agreement to be mailed first-class, <br /> postage prepaid, to the LGC and to all Owners of Bonds. The notice included a copy <br /> of the amendment or supplement, and stated that copies of the proposed agreement <br /> were available to all Owners of 2019A Bonds upon written request to the County or <br /> the Trustee at addresses set forth in the notice. <br /> Section 1.05. Notice of Amendment. The Trustee promises that, not later <br /> than May 10, 2026, it will cause notice of the execution of this Amending Agreement <br /> to be mailed to the Owners of the 2019A Bonds. The notice will, at the Trustee's <br /> 4 <br />