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1987-139
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1987-139
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9/2/2022 9:33:01 AM
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9/1/2022 9:39:10 AM
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Resolutions
Resolution Number
1987-139
Approved Date
11/24/1987
Resolution Type
INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS
Subject
financing the acquisition of a Health Care Facility by Fl. Convalescent Centers, Inc.,
consisting of an 91-bed Nursing Home providing for issuance by ORC
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• <br />Section 8.06. Rights and Remedies of Issuer. All rights and remedies <br />given or granted to the Issuer in this Loan Agreement and the Note are <br />cumulative, nonexclusive and in addition to any and all rights and remedies that <br />the Issuer may have or be given by reason of any law, statute, ordinance or <br />otherwise. <br />Section 8.07. Amendment of Loan Agreement and Note. This Loan <br />Agreement and the Note may be amended only by written agreement of the parties <br />hereto executed pursuant to a Supplemental Indenture entered into and consented <br />to (if required) as provided in the Indenture. <br />Section 8.08. �jounteroarts. This Loan Agreement may be executed in <br />any number of counterparts, each of which, when so executed and delivered, shall <br />be an original; but such counterparts together shall constitute but one and the <br />same Loan Agreement. <br />Section 8.09. Severability. I£ any clause, provision or section of <br />this Loan Agreement is held illegal or invalid by any court, the invalidity of <br />such clause, provision or section shall not affect any of the remaining clauses, <br />provisions or sections hereof, and this Loan Agreement shall be construed and <br />enforced as if such illegal or invalid clause, provision or section had not been <br />contained herein. In case any agreement or obligation contained in this Loan <br />Agreement is held to be in violation of law, such agreement or obligation shall <br />nevertheless be determined to be the agreement or obligation of the Issuer or the <br />Borrower, as the case may be, to the full extent permitted by law. <br />Section 8.10. Assignment of Loan Agreement and Note by Issuer. The <br />Issuer has assigned its rights under and interest in this Loan Agreement and the <br />Note, and has pledged and assigned any payments, receipts and revenues receivable <br />under or pursuant to this Loan Agreement and the Note, and income earned on the <br />investment of funds authorized under the Indenture, as provided in the Indenture, <br />to the Trustee pursuant to the Indenture as security for payment of the principal <br />or Redemption Price of and the interest on, and the purchase price of, the Bonds, <br />but such assignment and pledge is subject to this Loan Agreement and accepts the <br />rights of the Issuer to indemnification under this Loan Agreement and to payments <br />-to the Issuer for Administrative Expenses incurred by the Iss4er and remedies in <br />connection therewith. Except as provided in this Section 8.10 and in the <br />Indenture, the issuer will not sell, assign, transfer, convey or otherwise <br />dispose of its interest in the Revenues during the term of this Loan Agreement <br />and the Note, including (without limitation) any income earned on the investment <br />of funds under the Indenture. <br />Section 8.11. Governing Law. This Loan Agreement is executed and <br />delivered with the intent that the laws of the State (including, without <br />limitation, the Act) shall govern. <br />Section 8.12. Registrar and Paying Agent as Beneficiary. Insofar as <br />any provisions of this Loan Agreement Obligate any party to make payments to the <br />Registrar and Paying Agent or otherwise impose on any party duties and <br />- 26 - <br />
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