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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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• <br />ARTICLE V <br />Particular Covenants <br />Section 5.01. Payment of Bonds. The Issuer shall pay or cause to <br />be paid the principal or Redemption Price of and interest on, and the <br />purchase price of, every Bond on the date, at the place and in the manner <br />provided herein and in the Bonds; provided, however, that the Bonds are <br />limited obligations of the Issuer, the principal or Redemption Price of <br />and interest on which, and the purchase price of which, are payable <br />solely from the Revenues. The Bonds shall be secured by a lien on and <br />pledge of the Revenues. <br />The Bonds shall not be deemed to constitute a debt, liability or <br />obligation of the Issuer or of the State or of any political subdivision <br />thereof, or a pledge of the faith and credit of the Issuer or of the State <br />or of any such political subdivision but shall be payable solely from the <br />Revenues. The Issuer shall not be obligated to pay the Bonds or the <br />interest thereon except from the Revenues and neither the faith and credit <br />nor the taxing power of the Issuer or of the State or of any political <br />subdivision thereof is pledged to the payment of the principal of or the <br />interest on the Bonds. <br />Section 5.02. Performance of Covenants. Undertakings and <br />Agreements: Representations as to Authorization and Validity of Bonds. <br />The Issuer shall faithfully perform at all times all of its covenants, <br />undertakings and agreements contained in the Loan Agreement or in each <br />Bond executed, authenticated and delivered under this Indenture and in any <br />proceedings of the Issuer pertaining thereto. <br />The Issuer represents and covenants that: (i) it is duly <br />authorized under the Constitution and laws of the State, particularly the <br />Act, to issue the Bonds, to enter into the Loan Agreement, to accept the <br />Mortgage and to pledge the Revenues in the manner and to the extent set <br />forth in this Indenture; (ii) all action on its part for the issuance of <br />the Bonds has been duly and effectively taken; and (iii) the Bonds in the <br />hands of the holders thereof are and will he valid and binding limited <br />obligations of the Issuer according to their terms. <br />Section 5.03. Liens. Encumbrances and Charges. The Issuer shall <br />not create and, to the extent Revenues are received for the discharge <br />thereof, shall not suffer to remain, any lien, encumbrance or charge upon <br />the Revenues. To the extent Revenues or other moneys are received by the <br />Issuer therefor, the Issuer will cause to be discharged, or will make <br />adequate provisions to satisfy and discharge, within sixty (60) days after <br />the same shall accrue, all lawful claims and demands that, if unpaid, <br />might by law become a lien upon any Revenues; provided, however, that <br />nothing contained in this Section shall require the Issuer to pay or cause <br />to be discharged, or make provision for, any such lien, encumbrance or <br />charge so long as the validity thereof shall be contested in good faith <br />and by appropriate legal proceedings. <br />- 38 - <br />
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