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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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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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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 />subrogation (i) in the case of subrogation as to claims for past due interest, <br />the Bond Registrar shall note the Series 1993 Bond Insurer's rights as subrogee <br />on the registration books of the County maintained by the Bond Registrar, upon <br />receipt from the Series 1993 Bond Insurer of proof of the payment of interest <br />thereon to the registered owners of the Series 1993 Insured Bonds, and (ii) in <br />the case of subrogation as to claims for past due principal, the Bond Registrar, <br />shall note the Series 1993 Bond Insurer's rights as subrogee on the registration <br />books of the County maintained by the Bond Registrar, upon surrender of the <br />Series 1993 Insured Bonds by the registered owners thereof together with proof <br />of the payment of principal thereof. <br />SECTION 25. SUBROGATION RIGHTS OF SERIES 1993 BOND INSURER. <br />Notwithstanding any provision of this Resolution to the contrary, if the <br />principal and/or interest due on any Series 1993 Bonds insured by the Series 1993 <br />Bond Insurance Policy shall be paid by the Series 1993 Bond Insurer pursuant to <br />the Series 1993 Bond Insurance Policy, such Series 1993 Bonds shall remain <br />outstanding for all purposes, shall not be defeased or otherwise satisfied by <br />such payment and shall not be considered paid by the County, and the assignment <br />and pledge of the Pledged Funds and all covenants, agreements and other <br />obligations of the County to the registered owners shall continue to exist and <br />shall run to the benefit of the Series 1993 Bond Insurer, and the Series 1993 <br />Bond Insurer shall be subrogated to the rights of such registered owners. <br />SECTION 26. SERIES 1993 BOND INSURER AS THIRD PARTY BENEFICIARY. To the <br />extent that this Resolution confers upon or gives or grants to the Series 1993 <br />Bond Insurer any right, remedy or claim under or by reason of this Resolution, <br />the Series 1993 Bond Insurer is hereby explicitly recognized as being a third - <br />party beneficiary hereunder and may enforce any such right, remedy or claim <br />conferred, given or granted hereunder. <br />SECTION 27. PARTIES IN INTEREST. Nothing in this Resolution, expressed <br />or implied is intended or shall be construed to confer upon, or to give to, any <br />person or entity, other than the County, the Series 1993 Bond Insurer, the Paying <br />Agent (or Paying Agents, if applicable), and the Registered Owners of the Bonds, <br />any right, remedy or claim under or by reason of this Resolution or any covenant, <br />condition or stipulation therein contained, and all covenants, stipulations, <br />30 <br />
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