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County from such investments may be used by the County for any lawful purpose. <br />The foregoing covenants and provisions shall be no longer in effect when no Bonds are <br />outstanding or when all of the Bonds have been defeased pursuant to Section 26. <br />Nothing in this Resolution shall constitute or be construed to constitute a conveyance or <br />mortgage of the Recreational Facilities. <br />SECTION 8. Section 16 (L) of the Authorizing Resolution is hereby amended to read as <br />follows: <br />L. ADDITIONAL PARITY BONDS. No Additional Parity Bonds, payable on a parity <br />from the Pledged Funds with the Bonds, may be issued hereunder, except for the purpose of <br />refunding outstanding Bonds, but no refunding may be undertaken in accordance with this provision <br />if it shall result in an increase in the maximum amount of principal and interest on all outstanding <br />Bonds becoming due in any ensuing Fiscal Year. Each resolution authorizing the issuance of <br />Additional Parity Bonds shall recite that all of the covenants herein contained will be applicable to <br />such Additional Parity Bonds. <br />Additional Parity Bonds may not be issued hereunder at any time while the County is in <br />default in performing any of the covenants and obligations assumed hereunder, or all payments <br />herein required to have been made into the accounts and funds, as provided hereunder, have not been <br />made to the full extent required. <br />The County covenants for the benefit of the Registered Owners of the Bonds issued and <br />outstanding hereunder that the County shall, at the time of issuance of any Additional Parity Bonds, <br />make a deposit to the Reserve Account in the Sinking Fund created hereunder so that the Reserve <br />Account shall have a value of cash and investments at such time equal to the Reserve Account <br />Requirement (giving effect to the Additional Parity Bonds and the retirement of any Bonds being <br />refunded with proceeds of the Additional Parity Bonds), unless at such time all or a portion of the <br />Series 2003 Bonds are outstanding and the Bond Insurer for the Series 2003 Bonds shall agree <br />otherwise. Provided, however, in no event shall such deposit be required to exceed an amount equal <br />to the maximum amount which if deposited from the proceeds of the Additional Parity Bonds would <br />not adversely affect the exclusion of the interest on the Additional Parity Bonds from the gross <br />income of the Registered Owners thereof for purposes of federal income taxation. <br />SECTION 8. The Issuer hereby covenants and agrees that, in order to provide for <br />compliance by the Issuer with the secondary market disclosure requirements of the Rule, that it will <br />comply with and carry out all of the provisions of that certain Continuing Disclosure Certificate in <br />substantially the form attached hereto as Exhibit "F", to be executed by the Issuer and dated the date <br />of issuance and delivery of the Bonds, as it maybe amended from time to time in accordance with <br />the terms thereof (the "Continuing Disclosure Certificate"). Notwithstanding any other provision of <br />this Resolution, failure of the Issuer to comply with such Continuing Disclosure Certificate shall not <br />be considered an event of default; however, any Bondholder may take such actions as may be <br />5 <br />