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1987-139
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1987-139
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9/2/2022 9:33:01 AM
Creation date
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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LJ <br />Notwithstanding the foregiong and without complying therewith, the Holders of <br />not less than 20% of the Bonds may institute any such suit, action or <br />proceeding in their own names for the benefit of all Bondholders. <br />Except as otherwise provided in the Indenture, no one or more <br />Bondholders shall have any right in any manner whatsoever to affect, disturb <br />or prejudice the security of the Indenture or to enforce any right thereunder <br />except in manner provided in the Indenture, and all proceedings at law or in <br />equity must be constituted, had and maintained as provided in the Indenture <br />and for the benefit of all Holders of the Outstanding Bonds, and any <br />individual right or action or other right given by law to one or more of such <br />Holders is restricted by the Indenture to the rights and remedies provided in <br />the Indenture; provided however that the foregoing shall not affect or impair <br />the right of any Holder of any Bond to enforce payment of the principal or <br />Redemption price of or interest on or the purchase price of such Bond at the <br />time and place, from the source and in the manner expressed in the Indenture <br />and in the Bonds. <br />Waiver of Default (Section 7.10) <br />The Trustee may, and upon the written request of the Holders of not <br />less than 20% of the Bonds shall, with respect to the Bonds, waive any default <br />that in its opinion shall have been remedied before the entry of final <br />judgment or decree in any suit, action or proceeding instituted by it under <br />the provisions of the Indenture or before the completion of the enforcement of <br />any other remedy thereunder; but no such waiver shall extend to or affect any <br />other existing or any subsequent default or defaults or impair any rights or <br />remedies consequent thereon. <br />Supplemental Indentures Without Consent of Bondholders (Section 8.01) <br />Without notice to or the consent of the Bondholders, the Issuer and <br />the Trustee may enter into Supplemental Indentures from time to time for one <br />or more of the following purposes: (a) to grant to or confer upon the Trustee <br />for the benefit of the Bondholders any additional rights, remedies, powers, <br />authority or security that lawfully may be granted to or conferred upon the <br />Trustee for the benefit of the Bondholders; (b) to add to the covenants and <br />agreements of the Issuer contained in the Indenture other covenants and <br />agreements thereafter to be observed relative to the application, custody, use <br />or disposition of the proceeds of Bonds; (c) to surrender any right, power or <br />privilege reserved to or conferred upon the Issuer by the Indenture; (d) to <br />confirm, as further assurance, any pledge under, and the subjection to any <br />lien on, or claim or pledge of, (whether created or to be created by the <br />Indenture) the Revenues; (e) to cure any ambiguity or to cure, correct or <br />supplement any defect or inconsistent provisions contained in the Indenture or <br />to make such provisions in regard to matters or questions arising under the <br />Indenture as may be necessary or desirable and not contrary to or inconsistent <br />with the Indenture; (f) to make any other change in the Indenture that, in the <br />opinion of the Trustee, shall not prejudice in any material respect the rights <br />of the holders of the Bonds outstanding on the date such change shall become <br />-35- <br />
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