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1993-145
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Last modified
7/29/2020 3:13:16 PM
Creation date
7/29/2020 2:54:47 PM
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Template:
Resolutions
Resolution Number
93-145
Approved Date
08/17/1993
Resolution Type
authorizing
Subject
Authorizing retirement of outstanding recreational Revenue Bonds $9,875,000
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A <br />determines that there will be insufficient funds in such funds or accounts, the <br />Paying Agent shall so notify the Series 1993 Bond Insurer and the Bond Registrar. <br />Such notice shall specify the amount of the anticipated deficiency, the Series <br />1993 Insured Bonds to which such deficiency is applicable and whether such Series <br />1993 Insured Bonds will be deficient as to principal or interest, or both. If <br />the Paying Agent has not so notified the Series 1993 Bond Insurer at least one <br />(1) day prior to an interest payment date, the Series 1993 Bond Insurer will make <br />payments of principal or interest due on the Series 1993 Insured Bonds on or <br />before the first (1st) day next following the date on which the Series 1993 Bond <br />Insurer shall have received notice of nonpayment from the Paying Agent. <br />B. The Bond Registrar and the Paying Agent shall, after notice has been <br />given to the Series 1993 Bond Insurer as provided in A above, make available to <br />the Series 1993 Bond Insurer and, at the Series 1993 Bond Insurer's direction, <br />to the United States Trust Company of New York, as insurance trustee for the <br />Series 1993 Bond Insurer or any successor insurance trustee (the "Series 1993 <br />Insurance Trustee"), the registration books of the County maintained by the Bond <br />Registrar and all records relating to the funds and accounts maintained under <br />this Resolution. <br />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 />29 <br />
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