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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 />notice of such rescission to the holders of the Bonds in accordance with the <br />terms of the Bonds. <br />(d) Rescission of Fixed Rate Periods at Election of Borrower. At any <br />time prior to the Computation Date for any Fixed Rate Period established by the <br />Borrower, in accordance with paragraph (c) above, the Borrower may rescind its <br />election to establish such Fixed Rate Period by written notice to the Trustee <br />signed by Authorized Officers of the Borrower and an Authorized Officer of NtiC; <br />provided, however, that if such Fixed Rate Period shall be the second or any <br />subsequent Fixed Rate Period in a succession of Fixed Rate Periods established by <br />the Borrower in accordance with paragraph (c) of this Section, there shall first <br />be delivered to the Trustee an opinion of Bond Counsel to the effect that such <br />rescission will not adversely affect the excludability from gross income, for <br />federal income tax purposes, of interest paid on the Bonds. If the borrower <br />rescinds its election to establish a Fixed Rate Period as provided in this <br />paragraph, the Bonds will continue to near interest at the Variable Rate then in <br />effect, as if such notice had not been given or, if a Fixed Rate Period is then <br />in effect, a new Fixed Rate Period shall be established as provided in paragraph <br />(e) of this Section as if the Borrower had not elected to establish a new Fixed <br />Rate Period for the Bonds. Upon receipt of the items required by this paragraph, <br />the Trustee shall immediately give notice of such rescission to the Remarketing <br />Agent, the Credit Facility Provider, the Rating Agencies and the Registrar and <br />Paying Agent and shall deliver copies of the opinion of Bond Counsel, if any, to <br />the Remarketing Agent, the Credit Facility Provider and the Registrar and Paying <br />Agent. Upon receipt of such notice of rescission from the Trustee, the Registrar <br />and Paying Agent shall immediately give notice of such rescission to the holders <br />of the Bonds in accordance with the terms of the Bonds. <br />(e) Aromatic Establishment of Fixed Rate Periods. If, 40 days <br />before the last day of any Fixed Rate Period for which a successor Fixed Rate <br />Period has not been established in accordance with paragraph (c) of this Section, <br />the Borrower shall not have elected to change the interest rate on the Bonds to <br />the Variable Rate or to establish a new Fixed Rare Period by delivery of the <br />notice and opinion required by paragraph (c) of this Section, a new Fixed Rate <br />Period shall automatically be established for the Bonds having the same number of <br />months as the Fixed Rate Period then ending, if such Fixed Rate Period was <br />shorter than 12 months, and otherwise having 12 months (or such fewer number of <br />months as shall remain until the maturity date of the Bonds) , and a new Fixed <br />Rate shall be determined as provided in the Bonds and in paragraph (f) of this <br />Section as if the Borrower had elected to establish a new Fixed Rate Period. If <br />such Fixed Rate Period (other than any such Fixed Rate Period established upon <br />any rescission by the Borrower of its election to establish a Fixed Rate Period <br />of a different length) ends after the due date for the payment of any Sinking <br />Fund Installment, at least 35 days before the Fixed Rate Date on which such Fixed <br />Rate Period begins, the Registrar and Paying Agent shall select Bonds in an <br />aggregate principal amount equal to the amount of such Sinking Fund Installment <br />to be redeemed from such Sinking Fund Installment. <br />(f) Fixed Rate. At least 35 days before each Fixed Rate Date, the <br />Remarketing Agent shall preliminarily determine (i) if a Long Fixed Rate Period <br />will commence on such date, the lowest interest rate that, in its judgment, will <br />be the Fixed Rate determined on the Computation Date for such Fixed Rate Period <br />- 16 - <br />
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