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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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Indenture if the same adversely affects or diminishes the r ights <br />of the holders of such Bonds, 'I11e Trustee may i n its discretion <br />determine whether or not in accordance with the foregoing prov i- <br />sions, any particular Bonds would be affected by any modification <br />or amendment of this Indenture, and any such determination shall <br />be binding and conclusive on the Issuer and all holders of aonds, <br />For the purposes of this Article XI, the Trustee shall <br />be entitled to rely upon an opinion of counsel with respect to <br />the extent, if any, as to which any action nffects the rights <br />under this Indenture of any holuers of Bonds then Outstanding. <br />Section 11.4 Amendments, etc., to Loan Agreement. So <br />long as any of the Bonds are Outstanding, the Issuer will require <br />the Borrower to pay, or cause to be paid, all the payments and <br />other costs and charges payable by the Borrower under the Loan <br />Agreement. The Loan Agreement may not be amended, changed, <br />modified, altered or terminated so as to adversely affect the <br />interest of the Trustee without the prior written consent of the <br />Trustee, or the interest of the holders of Outstanding Bonds <br />without the prior written consent of (a) the holders of at least <br />s1i in aggregate principal amount of the Oonds then Outstanding, <br />and (b) in case less than all of the ilonds then outstanding are <br />affected by the modifications or amendments, the holders of not <br />less than 51% in aggregate principal amount of the Oonds so af- <br />fected then outstanding: provided, however, that if such modifi- <br />cation or amendment will, by its terms, not take effect so long <br />as any specified Bonds remain Outstanding, the consent of the <br />holders of such Bonds shall not be required and such Bonds shall <br />not be deemed to be Outstanding for the purpose of any cal- <br />culation of Outstanding Donds under this Section 11.4: provi~ed, <br />further, that no such amendment, change, modification, alteration <br />or termination will reduce Lile percentage of the aggregate prin- <br />cipal amount of Outstanding Oonus, the consent of the holders of <br />which is a requirement for uny such amendment, change, modifica- <br />tion, alteration or termination, or decrease the amount of any <br />Payment. required to be made under the Loan ll.greement or extenu <br />the time of payment thereof, No amendment of the Loan Agreement <br />shall be m.:,.de without the prior written consent of the Borrower. <br />The Loan Agreement may be amended, changeu, mortified, altered or <br />tenninated without the consent of the holders of Outstanding <br />Bonus to provide necessary changes in connection with the <br />issuance of Additional Bonds or to provide other changes which <br />will not adversely affect the interest of su,;h holders or of the <br />Trustee. <br />The Issuer will require the Borrower to observB faith- <br />fully all of its covenants .:ind aqreements under the Loan <br />-70-
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