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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
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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 />ARTICLE I <br />Definitions and Rules of Construction <br />Section 1.01. Definitions. As used in this Indenture, the following <br />terms shall have the following meanings, unless a different meaning clearly <br />appears from the context: <br />"Act„ means the Florida Industrial Development Financing Act, <br />consisting of Part II of Chapter 159, Florida Statutes, as amended, and all <br />future acts supplemental. thereto or amendatory thereof. <br />"Adjustment Date" means the day after the last day of the Initial <br />Interest Period, the first Business Day of each month thereafter during which the <br />Bonds will bear interest at the Variable Rate, and each Mandatory Tender Date <br />after which the Bonds will bear interest at the Variable Rate. <br />"Administrative Exoenditure" means any expenditures of the Issuer, the <br />Trustee and the Registrar and Paying Agent under this Indenture, the Loan <br />Agreement or the Mortgage not otherwise paid or provided for by the Borrower, and <br />all other expenditures reasonably and necessarily incurred by the Issuer or the <br />Trustee by reason of the financing and refinancing of the Project, including <br />(without limitation) legal, financing and administrative expenses and expenses <br />incurred to compel full and punctual performance of the Loan Agreement or the <br />Mortgage in accordance with the terms thereof. <br />"Agency Obligations" means direct obligation (including bonds, notes or <br />participation certificates) of, or obligations the timely payment of the <br />principal of and the interest on which are unconditionally guaranteed by, any <br />agency or instrumentality of the United States of America. <br />"_'Alternate Credit Facility" means any letter of credit, bond insurance <br />policy, bond purchase agreement, guaranty, line of credit, surety bond or similar <br />credit or liquidity facility meeting the requirements of and delivered to the <br />Trustee in accordance with Section 3.03(b) of the Loan Agreement, as amended, <br />modified or supplemented from time to time. <br />"Authorized Officer" means (i) in the case of the Issuer, the <br />Chairman, or the Vice Chairman of the Board of County Commissioners of the <br />Issuer and any other person set forth in a certificate executed by the Chairman <br />or the Vice Chairman of the Board of County Commissioners of the Issuer and <br />delivered to the Trustee; (ii) in the case of the Borrower, the President, <br />the Vice President or the Secretary of the Borrower and any other person set <br />forth in a certificate executed by the President or the Vice President of the <br />Borrower and delivered to the Trustee; (iii) in the case of NHC, the Senior Vice <br />President of NHC and any other person set forth in a certificate executed by the <br />Senior Vice President of NHC and delivered to the Trustee; and (iv) in the case <br />of the Trustee, the President, any Vice -President, any Assistant Vice - <br />President, any Corporate Trust Officer or any Assistant Corporate Trust Officer <br />of the Trustee, and any other person authorized pursuant to a resolution of the <br />Board of Directors of the Trustee. <br />- 4 - <br />
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