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Financing- Trust Agreement
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Financing- Trust Agreement
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Last modified
9/19/2012 3:45:36 PM
Creation date
9/9/2011 4:19:16 PM
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Building
RecordID
10242
Title
Financing- Trust Agreement
Company
Marion County
BLDG Date
10/7/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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~ premium (if any) on the Certificates to be prepaid in accordance with the provisions hereof. Upon <br />z the happening of the above conditions, the Certificates thus called for prepayment shall not bear <br />3 interest after the date fixed for prepayment, shall no longer be protected by the Agreement and shall <br />~t not be deemed to be Outstanding under the provisions of the Agreement. <br />5 <br />6 If any Certificates are not presented for payment at the date fiYed for their prepayment, or <br />7 if any Certificates are not presented for payment when due, and if funds sufficient for such <br />8 prepayment or payment are held by the Trustee, the holders of such Certificates will thereafter be <br />9 restricted e~clusively to such funds for the satisfaction of any claim relating to such Certificates. <br />i o The Trustee shall hold such funds (without liabiliti~ to the holders of the Certificates for interest <br />- i thereon after the prepayment or payment date) and other fiinds as established hereunder and then <br />i 2 under the Trustee's control until required by applicable escheat laws to deliver such moneys in <br />t 3 accordance with said escheat laws and thereafter the holders of such Certificates or coupons shall <br />i4 be subject to such escheat laws. <br />~5 <br />16 SECTION 208. ADDITIONAL CERTIFICATES; OTHER INDEBTEDNESS OF COUNTI'. <br />17 <br />18 (A) ADDITIONAL CERTIFIC.4TES. Subject only to the conditions, restrictions and limitations <br />l9 set forth in this Section 208, the County reserves the right to direct the Trustee to execute and deliver <br />2o Additional Certificates in one or more series for one or more of the following purposes: <br />~~ <br />?? (1) to provide fiinds sufficient to pay the County's Share of completing the <br />~3 Courthouse Square Project in accordance with the original plans and specifications therefor. <br />?4 plus any Costs of Issuance incurred in connection therewith (any Additional Certificates <br />`'~ eYecuted and delivered for such purpose being herein called `'Completion Certificates"); <br />?6 <br />'7 (2) to refund all or any portion of the Outstanding Certificates, plus any Costs of <br />28 Issuance incurred in connection therewith (any Additional Certificates executed and <br />?9 delivered for such purpose being herein called "Refunding Certificates"); or <br />30 <br />~ ~~ (3) following completion of the Courthouse Square Project in accordance with the <br />3? original plans and specifications therefor, to provide funds sufficient to pay the County's <br />33 Share of Improvements to the County Facilities, plus any Costs of Issuance incurred in <br />34 connection therewith (any Additional Certificates executed and delivered for such purpose <br />35 being herein called '`Improvement Certificates"). <br />36 <br />37 (B) REFl1NDING CERTIFICATES. In the event that Refunding Certificates are to be executed <br />38 and delivered to refiind less than all Outstanding Certificates, the County may not direct the issuance <br />3~ of such Refiinding Certificates, and the Trustee shall not execute and deliver such Refunding <br />~o Certificates. unless the aagregate amount of principal and interest scheduled to be due and payable <br />~t I with respect to such Refiinding Certificates in each Fiscal Year does not exceed by more than $~.000 <br />~3 the principal and interest scheduled to be due and payable in the same Fiscal Year with respect to <br />~3 the Certificates being refiinded. The limitation set forth in this Section 208(C) shall not apply to any <br />FINANCING A\D TRI~ST AGREEi~1ENT P.aGE 21 <br />
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