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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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A <br />and the Borrower, may annul such declaration and its consequences if: <br />(i) moneys shall have accumulated in the Debt Service Fund sufficient to <br />pay all arrears of interest, if any, upon all of the Outstanding Bonds <br />(except the interest accrued on such Bonds since the last Interest Payment <br />Date) and the principal of all matured Bonds (except the principal of any <br />Bonds due solely as a result of such declaration); (ii) moneys shall have <br />accumulated and be available sufficient to pay the charges, compensation, <br />expenses, disbursements, advances and liabilities of the Trustee; and <br />(iii) every other default known to the Trustee in the observance or <br />performance of any covenant, condition or agreement contained in the Bonds <br />or in this Indenture (other than a default in the payment of the principal <br />of such Bonds then due solely as a result of such declaration) shall have <br />been remedied to the satisfaction of the Trustee; provided, however, that <br />such declaration may be annulled (A) only with the written consent of tate <br />Holders of not less than 208 of the Bonds if such declaration has been <br />made upon the written request of the Holders of not less than 208 of the <br />Bonds, and (B) only with the written consent of the Credit Facility <br />Provider so long as the Credit Facility Provider shall not have wrongfully <br />failed to honor any demand for funds under the Credit Facility; and <br />provided further that such declaration may not be annulled if amounts <br />sufficient to pay the principal of and accrued interest on the Outstanding <br />Bonds through the accelerated maturity date less the amount of Available <br />Moneys available for the payment thereof were realized under the Credit <br />Facility in accordance with Section 4.07 hereof. No such annulment shall <br />extend to or affect any subsequent default or impair any right consequent <br />thereon. <br />(c) Nothing in this Section shall be construed to prohibit the <br />Borrower or NHC from taking any action, to the extent permitted by <br />applicable law, to remedy any Event of Default. <br />Section 7.03. Enforcement. If any Event of Default occurs, the <br />Trustee may proceed, and upon the written request of the Holders of not <br />less than 208 of the Bonds shall proceed (subject to the provisions of <br />Section 6.01 hereof), to protect and enforce its rights and the rights of <br />the Bondholders under the laws of the State or under this Indenture by <br />such suits, actions or special proceedings in equity or at law, either for <br />the specific performance of any covenant contained herein or in aid or <br />execution of any power herein granted, or for an accounting against the <br />Issuer as if the Issuer were the trustee of an express trust, or for the <br />enforcement of any proper legal or equitable remedy as the Trustee shall <br />deem most effectual to protect and enforce such rights. <br />In the enforcement of any remedy under this Indenture, the Trustee <br />shall be entitled to sue for, enforce payment of and receive any and all <br />amounts then or during any default becoming, and at any time remaining, <br />due on the Bonds or otherwise under any of the provisions of this <br />Indenture or of the Bonds, with interest on overdue payments at the rate <br />or rates of interest specified in such Bonds, together with any and all <br />costs and expenses of collection and of all proceedings hereunder and <br />under such Bonds, without prejudice to any other right or remedy of the <br />Trustee or the Bondholders, and to recover and enforce judgment or decree <br />48 - <br />
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