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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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Bond first was or became taxable anJ the date that such □ond was <br />paid or redee~ej. Such amount shall be held and disbursed by the <br />Trustee as provided in Section 8.4 of the Indenture and shall <br />constitute total compensation due the holders of 3uch 13onds as a <br />result of the occurrence of an Event and in satisfaction of the <br />Borrower's obligations hereunder. <br />The obligation of the Borro~er to pay the amounts <br />required to be paid in this Section 10.2 shall survive the ter- <br />mination of this Agreement. <br />The Borrower shall give prompt written notice to the <br />Issuer and the Trustee of (a) the filing by the Borrower of any <br />supplemental statement and (b) any Event or Determination of <br />•raxability. <br />The Trustee shall, promptly upon learning of a Deter- <br />mination of Taxability (whether or not the same is being <br />contested) cause notice thereof to be given to the Bondholders in <br />the sa,ne manner as is provided in the Indenture for notices of <br />redemption, which notice shall state a redemption date ( the '"rax <br />Redemption Date"") which shall be within 180 days from the <br />occurrence of the Determination of Taxability. The Trustee may, <br />in such notice to Bondholders, make provi~ion for obtaining <br />advice from Bondholders, in such form as shall be deemed appro- <br />priate, respecting relevant assessments ma~e on such Bondholders <br />by the Internal ~evenue Service, so as to be able, if appropri- <br />ate, to verify the existence, present or future, of a Determina- <br />tion of Taxability, <br />On or before the Tax Redemption Date, the Borrower shall <br />pay, in immediately available funds, t.o the Trustee as the <br />balance of the Loan the sums provided for pursuant to this <br />Section, together with any sum due pursuant to any other Section <br />of this Agrcemr.rnt or under the Indenture to be paid prior to the <br />Tax Redemption Date. After the i3orrower's pay:nent of the balance <br />of the Loan and the required notice of redemption having been <br />given under the Indenture, the Trustee shall apply such funds to <br />the redemption of Bonds '1nd to payment to the holdet·s of Bonds on <br />the Tax Redemption Date, all in accordance with the requirements <br />set forth in this Section. <br />-47-
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