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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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• <br />provision for, any such lien, encumbrance or charge so long, as the validity <br />thereof is contested in good faith and by appropriate legal proceedings. The <br />Issuer covenants that it will not create or cause to be created any lien or <br />charge on the Revenues, other than the lien on and pledge of the Revenues <br />authorized by the Indenture. <br />Events of Default and Remedies <br />Events of Default (Section 7.01) <br />Events of Default under the Indenture include, among others: (i) <br />payment of the principal or Redemption Price of or interest on any Bond shall <br />not be made when due and payable, either at maturity or by proceedings for <br />redemption or otherwise: or (ii) payment of the purchase price of any Bond <br />shall not be made on a Tender Date applicable to such Bond; or (iii) the <br />Issuer shall default in any material respect in the due and punctual <br />performance of any other of the covenants, conditions, agreements and <br />provisions contained in the Bonds or in the Indenture on the part of the <br />Issuer to be performed, which default shall continue for 30 days after written <br />notice shall have been given to the Issuer, NHC and the Company by the Trustee <br />(except that if the Issuer, NHC or the Company shall proceed to take any <br />curative action that, if begun and prosecuted with due diligence, cannot be <br />completed within a period of 30 days, then such period shall be increased to <br />such extent as shall be necessary to enable the Issuer, NHC or the Company to <br />complete such curative action through the exercise of due diligence); or <br />(iv) any event of default under the Loan Agreement or (v) final judgment for <br />the payment of money shall be rendered against the Issuer, if such judgment is <br />under any circumstances payable from the Revenues, and at any time after 60 <br />days from the entry thereof (a) such judgment shall not have been discharged, <br />or (b) the Issuer shall not have taken and be diligently prosecuting an appeal <br />therefrom or from the order, decree or process upon which or pursuant to which <br />such judgment shall have been granted or entered, and shall not have caused <br />the execution of or levy under such judgment, order, decree or process or the <br />enforcement thereof to have been stayed pending determination of such appeal; <br />or (vi) an order or decree shall be entered with the consent or acquiescence <br />of the Issuer appointing a receiver or receivers of the Revenues, or such <br />order or decree having been entered without the consent or acquiescence of the <br />Issuer, shall not have been vacated or discharged within 60 days after the <br />entry thereof; or (vii) any proceeding shall be instituted with the consent or <br />acquiescence of the Issuer for the purpose of effecting a composition between <br />the Issuer and its creditors or for the purpose of adjusting the claims of <br />such creditors, pursuant to any federal or state statute in effect on the date <br />of the Indenture or thereafter enacted, if the claims of such creditors are <br />under any circumstances payable from the Revenues. <br />Notwithstanding the foregoing, so long as the Credit Facility <br />Provider shall not have wrongfully failed to honor any demand for funds under <br />the Credit Facility, no Event of Default described in the preceding paragraph <br />(except for clauses (i) and (ii) of the preceding paragraph) shall be deemed <br />-30- <br />
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