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1993-102
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Last modified
6/15/2020 12:17:57 PM
Creation date
6/15/2020 12:16:24 PM
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Resolutions
Resolution Number
1993-102
Approved Date
06/08/1993
Subject
Preliminary Official Statement Recreational Revenue Refunding Bonds $10,000,000
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C. The Bond Registrar shall provide the Series 1993 Bond Insurer and the <br />Series 1993 Insurance Trustee with a list of registered owners of Series 1993 <br />Bonds entitled to receive principal or interest payments from the Series 1993 <br />Bond Insurer under the terms of the Series 1993 Bond Insurance Policy, and shall <br />make arrangements with the Series 1993 Insurance Trustee (i) to mail checks or <br />drafts to the registered owners of Bonds entitled to receive full or partial <br />interest payments from the Series 1993 Bond Insurer and (ii) to pay principal <br />upon Series 1993 Insured Bonds surrendered to the Series 1993 Insurance Trustee <br />by the registered owners of Series 1993 Bonds entitled to receive full or partial <br />principal payments from the Series 1993 Bond Insurer. <br />D. The Paying Agent shall, at the time it provides notice to the Series <br />1993 Bond Insurer pursuant to A above, notify registered owners of Series 1993 <br />Bonds entitled to receive the payment of principal or interest thereon from the <br />Series 1993 Bond Insurer (i) as to the fact of such entitlement, (ii) that the <br />Series 1993 Bond Insurer will remit to them all or a part of the interest <br />payments next coming due upon proof of Bondholder entitlement to interest <br />payments and delivery to the Series 1993 Insurance Trustee, in form satisfactory <br />to the Series 1993 Insurance Trustee, of an appropriate assignment of the <br />registered owner's right to payment, (iii) that should they be entitled to <br />receive full payment of principal from the Series 1993 Bond Insurer, they must <br />surrender their Series 1993 Bonds (along with an appropriate instrument of <br />assignment in form satisfactory to the Series 1993 Insurance Trustee to permit <br />ownership of such Series 1993 Bonds to be registered in the name of the Series <br />1993 Bond Insurer) for payment to the Series 1993 Insurance Trustee, and not the <br />Paying Agent, and (iv) that should they be entitled to receive partial payment <br />of principal from the Series 1993 Bond Insurer, they must surrender their Series <br />1993 Bonds for payment thereon first to the Paying Agent, who shall note on such <br />Series 1993 Bonds the portion of the principal paid by the Paying Agent and then, <br />along with an appropriate instrument of assignment in form satisfactory to the <br />Series 1993 Insurance Trustee, to the Series 1993 Insurance Trustee, which will <br />then pay the unpaid portion of principal. The Bond Registrar shall take such <br />action as shall be appropriate to enable such notice to be given to Bondholders. <br />E. If the Paying Agent has notice that any payment of principal of or <br />interest on an Insured Bond which has become Due for Payment (as that phrase is <br />defined in the Series 1993 Bond Insurance Policy), and which is made to a <br />Bondholder by or on behalf of the County has been deemed a preferential transfer <br />and theretofore recovered from its registered owner pursuant to the United States <br />Bankruptcy Code by a trustee in bankruptcy in accordance with the final, <br />nonappealable order of a court having competent jurisdiction, the Paying Agent <br />shall, at the time the Series 1993 Bond Insurer is notified pursuant to A above, <br />notify all registered owners that in the event that any registered owner's <br />payment is so recovered, such registered owner will be entitled to payment from <br />the Series 1993 Bond Insurer to the extent of such recovery if sufficient funds <br />are not otherwise available, and the Paying Agent shall furnish to the Series <br />1993 Bond Insurer its records evidencing the payments of principal of and <br />interest on the Series 1993 Insured Bonds which have been made by the Paying <br />Agent and subsequently recovered from registered owners and the dates on which <br />such payments were made. <br />F. In addition to those rights granted to the Series 1993 Bond Insurer <br />under this Resolution, the Series 1993 Bond Insurer shall, to the extent it makes <br />payment of principal of or interest on Series 1993 Insured Bonds, become <br />subrogated to the rights of the recipients of such payments in accordance with <br />the terms of the Series 1993 Bond Insurance Policy, and to evidence such <br />29 <br />
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