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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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do <br />unless after such transfer, there shall remain on deposit in the Principal <br />Account an amount equal to the aggregate principal amount of such Bonds <br />outstanding to be redeemed on the immediately succeeding January 1. <br />(e) Notwithstanding the foregoing provisions of this Section, so <br />long as the Credit Facility shall be in effect (i) unless the Credit <br />Facility Provider shall have wrongfully failed to honor a demand for funds <br />under the Credit Facility, no moneys shall be deposited in the Debt <br />Service Fund except moneys that constitute Available Moneys and (ii) no <br />amount on deposit in the Debt Service Fund shall be applied to the payment <br />of the principal or Redemption Price of or interest on, or the purchase <br />price of, Credit Facility Bonds, which payments shall be made by the <br />Borrower for the account of the Issuer directly to the Credit Facility <br />Provider in accordance with the Loan Agreement. <br />Section 4.06. Investment of Moneys. Moneys in any of the funds <br />and accounts established pursuant to this Indenture shall be invested by <br />the Trustee or the Registrar and Paying Agent (as the case may be) as <br />shall be directed by the Borrower and NHC in a written order signed by <br />Authorized Officers of the Borrower and of NHC, but only in Investment <br />Obligations maturing or redeemable at the option of the holder in such <br />amounts and on such dates as may be necessary to provide moneys to meet <br />the payments from such funds and accounts; provided, however, that so long <br />as the Credit Facility is in effect, amounts on deposit in the Debt <br />Service Fund shall be invested only in Government Obligations maturing or <br />redeemable at par at the option of the holder not more than 30 days after <br />the date of purchase; and provided further that the Registrar and Paying <br />Agent may, at its sole option, hold any moneys held by it under this <br />Indenture uninvested, and noticing contained in this Indenture shall be <br />construed to obligate the Registrar and Paying Agent to invest such moneys <br />at the direction of the Borrower and NHC or otherwise. <br />Interest earned, profits realized and losses suffered by reason of <br />any investment of the funds and accounts created by this Indenture shall <br />be credited or charged, as the case may be, to the fund or account for <br />which such investment shall have been made. <br />The Trustee and the Registrar and Paying Agent may sell or redeem <br />any obligations in which moneys shall have been invested as in this <br />Section provided to the extent necessary to provide cash in the respective <br />fund or accounts, to make any payments required to be made therefrom or to <br />facilitate the transfers of money between various funds and accounts as <br />may be required or permitted from time to time pursuant to the provisions <br />of this Article. <br />In computing the value of the assets of any fund or account <br />established hereunder, investments and accrued interest thereon shall be <br />deemed a part thereof. Such investments shall be valued at amortized cost <br />or current market value, whichever is the lower, or at the redemption <br />price thereof, if then redeemable at the option of the holder (in any case <br />net of the cost of liquidating such investments). <br />- 35 - <br />
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