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83-110 Ordinance
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83-110 Ordinance
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North Olmsted Legislation
Legislation Number
83-110
Legislation Date
9/20/1983
Year
1983
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<br />that the interest rate on the Project Bonds shall in no <br />event ever be less than 13.50$ per annum nor more than the <br />maximum per annum rate permitted by Ohio law on the effec- <br />tive date of each Adjustment. The amount of each monthly <br />installment payment due after the Adjustments shall be <br />recamputed by determining the monthly payment necessary to <br />fully amortize the then outstanding principal balance over <br />the then remaining term of the Project Bonds plus 5 years, <br />at the higher rate of interest described above. The provi- <br />sions of this paragraph shall be self-executing without the <br />need for any modification or amendment of the Project Bonds. <br />The term "Formula Rate" as used herein shall mean that rate <br />of interest, determined on the eff ective date of each Ad- <br />justment described above, equal to the immediately preceding <br />twelve (12) week's average yield for twenty (20)-year con- <br />stant maturity U.S. Government Bonds as published by the <br />Federal Reserve System in the Federal Reserve Statistical <br />Release Weekly Summary of Banking and Credit Measures-H.9 <br />(511) (or, if such report is not then published, in the most <br />nearly similar report indicating the rate of such bonds <br />which is then in use and is mutually agreeable to the Bond- <br />holders and the CQmpany). In the event (and only in the <br />event) the interest rate on the Project Bonds is adjusted to <br />an interest rate in excess of 13.50$ per annum, in accord- <br />ance with the provisions of this paragraph, the Company may <br />pre pay the Note in whole (with a corresponding and simul- <br />taneous redemption by the Issuer of the then outstanding <br />Project Bonds) on any Payment Date occurring within 180 days <br />after the effective date of the Adjustment, without premium <br />or penalty, provided notice of the intention to make such <br />prepayment has been given to the Bondholders within sixty . <br />(60) days after the Adjustment; and, provided further, that <br />the Company has deposited with the Bondholders with such <br />notice an amount equal to three percent (3%) of the prin- <br />cipal balance then outstanding on the Note, which deposit <br />shall be returned to the Company or at the option of the <br />Company, credited against the principal balance being pre- <br />paid, only in the event the principal on the Note plus <br />accrued interest is prepaid during the prescribed 180-day <br />period (with a corresponding redemption of the then out- <br />standing Project Bonds); otherwise, such deposit shall be <br />retained by the Bondholders as consideration for this pre- <br />payment option. In the event that the Formula Rate is in <br />excess of the maximum rate then permitted by Ohio law, the <br />Bondholders shall have the option, upon at least 180 days' <br />prior written notice to the.Company to be given by the <br />Bondholders within 60 days after the effective date of the <br />Adjustment, to cause the Issuer to redeem the then outstand- <br />ing Project Bonds without premium or penalty from the pre- <br />payment of a like amount by the Company under the Note. 9 <br />
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