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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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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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40 <br />If the Trustee has not received from the Bank, within fifteen <br />calendar days after the honoring by the Bank of any Interest Drawing <br />applicable to the Bonds of the Issue secured thereby, notice to the effect <br />that the Bank will terminate the Letter of Credit in accordance with its terms <br />and demanding acceleration of such Bonds as described herein under "The <br />Bonds - Special Acceleration," the Interest Component equal to the amount of <br />such Interest Drawing on such Letter of Credit, will be automatically <br />reinstated, effective on the sixteenth calendar day after the honoring by the <br />Bank of such Interest Drawing. In no event, however, will such Interest <br />Component be reinstated to an amount in excess of 58 days' accrued interest <br />(computed at the rate of 15% per annum and on the basis of the actual days <br />elapsed in a 365 or 366 day year) on the then effective Principal Component <br />applicable to that issue of Bonds. <br />The Interest Component and the Principal Component of any Letter of <br />Credit reduced as a result of a Purchase Drawing under such Letter of Credit <br />will be automatically reinstated concurrently with the receipt by the Bank of <br />immediately available funds in reimbursement of any such Purchase Drawing, <br />together with interest thereon as provided in the Reimbursement Agreement in <br />the amount of principal so reimbursed plus 58 days' accrued interest per annum <br />(computed at the rate of 15% per annum and on the basis of the actual days <br />elapsed in a 365 or 366 day year) on the amount of such principal reimbursed. <br />In no event, however, will such Interest Component be reinstated to an amount <br />in excess of 58 days' accrued interest (computed at the rate of 15: per annum <br />and on the basis of the actual days elapsed in a 365 or 366 day year) on the <br />then effective Principal Component applicable to that issue of Bonds. <br />Expiration and Termination of Letters of Credit <br />Each Letter of Credit will automatically terminate on the earliest of <br />(i) the fifth anniversary of the date of issuance of the Bonds of the Issue <br />secured thereby (the "Stated Expiration Date"), (ii) the payment by the Bank <br />of the final drawing available to be made under such Letter of Credit, or <br />(iii) the fifteenth day after the effective date after the Initial Interest <br />Period on which such Bonds began to bear interest at a rate other than the <br />Variable Rate. Each Letter of Credit may be terminated by the Bank prior to <br />the Stated Expiration Date upon not less than 14 days' prior written notice to <br />the Trustee upon the occurrence of certain events described in the <br />Reimbursement Agreement. Upon receipt by the Trustee of any such notice of <br />termination with respect to any Letter of Credit the Bonds secured thereby <br />shall be accelerated as described herein under "The Bonds - Special <br />Acceleration," the Trustee shall thereupon be entitled to draw the entire then <br />remaining Stated Amount of such Letter of Credit on or before the termination <br />date set forth in such notice of termination. See "Summary of Cartain <br />Provisions of the Reimbursement Agreement - Expiration and Termination of <br />Letter of Credit" in Appendix D. <br />Enforceability <br />The enforceability of each Letter of Credit may be limited by <br />bankruptcy, insolvency, reorganization, liquidation, moratorium or other <br />-19- <br />
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