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1993-145
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1993-145
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7/29/2020 3:13:16 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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under Section 16B(4) hereof on a pro rata basis; and after all such amounts are <br />paid in full, amounts necessary to fund the Reserve Account to the required <br />level, after taking into account the amounts available under the Series 1993 <br />Reserve Account Surety Bond and any Additional Funding Instrument, shall be <br />deposited from in the Reserve Account from the Gross Revenues next available <br />under Section 16B(4) hereof. <br />SECTION 32. DEFEASANCE. If at any time the County shall have paid, or <br />shall have made provision for payment of, the principal, interest and premiums, <br />if any, with respect to any of the Bonds or any series thereof, then, and in that <br />event, the pledge of and lien on the Pledged Funds in favor of the Registered <br />Owners of such Bonds or of such series, as the case may be, shall be no longer <br />in effect. For purposes of the preceding sentence, the deposit of Federal <br />Securities in irrevocable trust with a banking institution or trust company, for <br />the sole benefit of the Registered Owners of such Bonds or such series, as the <br />case may be, the principal of and interest on which will be sufficient to pay, <br />when due, the principal, interest and premiums, if any, on such Bonds or such <br />aeries, as applicable, shall be considered "provision for payment". For purposes <br />of this Section, amounts paid by the Series 1993 Bond Insurer under the Series <br />1993 Bond Insurance Policy shall not be deemed paid and shall be deemed due and <br />owing until paid by the County. Nothing in this section shall be deemed to <br />require the County to call any of the outstanding Bonds or any series thereof for <br />redemption prior to maturity pursuant to any applicable optional redemption <br />provisions, or to impair the discretion of the County in determining whether to <br />exercise any such option for early redemption. <br />SECTION 33. MODIFICATION OF RESOLUTION. No adverse material modification <br />or amendment of this Resolution, or of any resolution amendatory hereof or <br />supplemental hereto, may be made without the consent in writing of the Registered <br />Owners of 518 or more in aggregate principal amount of the Bonds then outstanding <br />affected by such adverse material modification or amendment; provided, however, <br />that no modification or amendment shall permit a change in the maturity of any <br />Bonds or a reduction in the rate of interest thereon or in the amount of the <br />principal obligation thereof, or affect the unconditional promise of the County <br />to collect the receipts and revenues pledged hereunder, as herein provided, or <br />to pay the principal of and interest on the Bonds as the same shall become due <br />from the Pledged Funds or reduce the percentage required above for an adverse <br />material modification or amendment, without the consent of the Registered Owners <br />of all of the Bonds affected thereby. The foregoing shall not apply with respect <br />to supplemental resolutions adopted for the sole purpose of issuing Additional <br />Parity Bonds or junior and subordinate obligations issued in accordance herewith. <br />Notwithstanding the foregoing, except with respect to any modification or <br />amendment requiring the consent of the Registered Owners of all of the Bonds <br />affected thereby, to the extent that any Bonds are insured by a policy of <br />municipal bond insurance and such Bonds are then rated in one of the two highest <br />rating categories (without regard to gradation) by either Standard 6 Poor's <br />Corporation or Moody's-Investors Service, Inc., or the successor of either of <br />them, then the consent of the issuer of such municipal bond insurance policy <br />shall be deemed to constitute the consent of the Registered Owners of such Bonds; <br />provided, however, a copy of such modification or amendment shall be provided to <br />said rating agencies not less than thirty (30) days prior to the effective date <br />thereof. <br />SECTION 34. SEVERABILITY. If any one or more of the covenants, agreements <br />or provisions of this Resolution shall be held contrary to any express provision <br />31 <br />
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