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Agenda 03-05-2026; 8-m - Amendments to the Series 2019 A and B Limited Obligation Bond Documents
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Agenda 03-05-2026; 8-m - Amendments to the Series 2019 A and B Limited Obligation Bond Documents
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2/26/2026 3:32:49 PM
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BOCC
Date
3/5/2026
Meeting Type
Business
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Agenda
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8-m
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Agenda for March 5, 2026 BOCC Meeting
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11 <br /> THIS SUPPLEMENTAL AMENDING TRUST AGREEMENT (AMENDING <br /> SERIES 2019A AGREEMENTS) is dated as of April 20, 2026 (this "Amending <br /> Agreement"), and is between ORANGE COUNTY, NORTH CAROLINA, a political <br /> subdivision of the State of North Carolina (the "County"), and THE BANK OF NEW <br /> YORK MELLON TRUST COMPANY, N.A., a national banking association, as trustee <br /> (the "Trustee"). <br /> Introduction <br /> The County and the Trustee executed and delivered a Trust Agreement dated <br /> as of June 1, 2018 (the "2018 Agreement"). The County and the Trustee later <br /> entered into a First Supplemental Trust Agreement dated as of May 1, 2019 (the <br /> "2019A Agreement"), which by its terms supplemented the 2018 Agreement and <br /> provided for the issuance of the County's $14,135,000 Limited Obligation Bonds, <br /> Series 2019A (the "2019A Bonds"). The parties now desire to amend portions of the <br /> 2019A Agreement as they relate to the 2019A Bonds, and this Amending Agreement <br /> carries out the desired amendments. <br /> Unless the context clearly requires otherwise, capitalized terms used in this <br /> Amending Agreement and not otherwise defined have the meanings set forth in Exhibit <br /> A, in the 2018 Agreement or in the 2019A Agreement. <br /> NOW, THEREFORE, in consideration of the covenants contained in this <br /> Amending Agreement, the parties agree as follows: <br /> ARTICLE I <br /> AMENDED PROVISIONS <br /> Section 1.01. County's Authorization To Transfer Funds Back to 2019 <br /> Proceeds Fund. <br /> (a) Notwithstanding any provision of the 2019A Documents, the County, <br /> by a County Certificate, at any time may direct the Trustee to transfer to the 2019 <br /> Proceeds Fund from the Payment Fund (i) any amounts previously transferred from <br /> the 2019 Proceeds Fund to the Payment Fund pursuant to Section 3.04 of the 2019A <br /> Agreement and (ii) any amounts attributable to the investment of amounts <br /> previously transferred from the 2019 Proceeds Fund, to the extent those earnings <br /> can be identified. The County may not direct the transfer of funds otherwise <br />
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