Orange County NC Website
37 <br /> (iii) In any case, both (A) to the MSRB for posting on the EMMA System and <br /> (B) to the LGC. <br /> Notwithstanding anything to the contrary in this Supplemental Agreement, <br /> the County acknowledges and agrees that the Trustee is not acting as the disclosure <br /> or dissemination agent for purposes of Rule 15c2-12 in connection with any notice <br /> to be posted with the MSRB via the EMMA System. <br /> Failure to give any notice specified in (i) or (ii), as applicable, or any defect in <br /> that notice, will not affect the validity of any proceedings for the redemption of any <br /> 2026A Bonds with respect to which no failure has occurred. Failure to give any <br /> notice specified in (iii), or any defect in that notice, will not affect the validity of any <br /> proceedings for the redemption of any 2026A Bonds with respect to which the <br /> notice specified in (i) or (ii) is correctly given. Any notice mailed as provided in this <br /> Supplemental Agreement will conclusively be presumed to have been given <br /> regardless of whether received by any Owner. <br /> (b) Any redemption notice may state that the redemption to be effected is <br /> conditioned upon -- <br /> (i) the Trustee's receipt on or prior to the redemption date of moneys <br /> sufficient to pay the principal of and interest on the 2026A Bonds to be <br /> prepaid; or <br /> (ii) any other condition not unacceptable to the Trustee. <br /> If a notice contains a condition and the Trustee either (A) does not receive <br /> moneys sufficient to pay the principal of and interest on the 2026A Bonds on or <br /> prior to the redemption date, or (B) the stated condition is not fulfilled, as <br /> evidenced to the Trustee by a County Certificate, <br /> in either case on or prior to the redemption date, <br /> then redemption will not be made, and the Trustee must, within a reasonable <br /> time, give notice the same way the redemption notice was given that the moneys <br /> were not so received (or condition was not fulfilled) and the redemption was not <br /> made. <br /> 8 <br />