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1983-102
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1983-102
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Last modified
3/28/2023 3:08:25 PM
Creation date
3/28/2023 3:04:57 PM
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Resolutions
Resolution Number
1983-102
Approved Date
10/19/1983
Subject
Providing for the financing of the acquition construction & equipment of a
120 Bed Nursing Home Facility located on 37th Street, Providing for Industrial
Development Revenue Bonds (Florida Health Facilities Project)
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( c) Bonds for the redemption of which cash shall have <br />oeen ::heretofore cleposited with the Trustee in an amount equal to <br />the ,.111paid principal thereof and the premium, if an',·, and <br />interi?st ther":!on to the date of such redemption; provided, that <br />notice of such redemption shall have been given as required in <br />the l;1denture or provision satisfactory to the Trustee shall have <br />been ~ade therefor: <br />(~) Oonds otherwise deemed to be paid as provided in <br />Sec ti.on l 2. l of the. Indenture: and <br />(e) Bonds in lieu of or in substitution for which other <br />aonJs sh3ll have been authenticated and delivered pursuant to <br />Article [I of the Indenture, <br />;~here the holders of a certain percentage of Bonds is <br />re,p1ired to take or to consent to any action taken hereunder, <br />Bonds ~hich are owned by the Borrower, ~ffiliates of the Borrower <br />or the Issuer shall be disregarded and deemed not to be <br />outstanding for the purpose of any such determination. <br />"Paying Agent" shall mean any paying agent for the Bonds <br />(~nJ ~ay include the Trustee) and its successor or successors <br />appointed pursuant to the provisions of the Indenture. <br />"Payment," "Loan Payment" or "payments (or prepayments) <br />!.!pan the Loan (or the Note)" shall mean those installments <br />[Jayable '.:o the Issuer pursuant to Section 4.2 of this l\greement. <br />"Per,nitted Encumbrances" shall mean as of any particular <br />time, (a) liens for ad valorern ta~es permitted to exist as pro- <br />vided Ln this Agreement or not then delinquent; (b) the Indenture <br />and chis ~greement1 (c) utility, access or other easements and <br />riJhts-of-way, party walls, ,;1.greements with respect to conunon use <br />of utilities, and restrictions and exceptions that may be granted <br />or ;ire permitted under this Agreementi (d} any mechanics', <br />laborera', materialmen's, suppliers' or vendors' lien or right or <br />purchase :noney security interest if payment is not yet due and <br />payabl~ under the contract in question: (e) such subordinate, <br />junior ~nd secondary encumbrances as are expressly permitted by <br />the lnJcnture; and (f) such minor defects, irregularities, <br />enc111nbrances, easements, rights-of-way a nd clouds on tit le as <br />nor~ally exist with property similar in character to the Project <br />real property as .Jo not materially impair the use of the Project <br />for the purpose for whlch it was acquired. <br />"Person" shall mean ,'In indiviuual, a coq_)oration, a <br />partnership, an association, a joint stock company, a trust, ,,my <br />-8-
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