2. MIDA Bond/NDSU
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2. MIDA Bond/NDSU
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<br />BOND RESOLUTION <br /> <br />BE IT RESOLVED by the County Commission ofthe County ofCass, North Dakota (the <br />"Issuer"), as follows: <br /> <br />ARTICLE ONE <br />DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS <br /> <br />1.1. DEFINITIONS. The terms used herein shall have the meaning as assigned to them in <br />the Loan Agreement unless the context or use thereof indicates another or different meaning or <br />intent. <br /> <br />All references in this instrument to designated "Articles," "Sections" and other subdivisions <br />are to the designated Articles, Sections and subdivisions of this instrument as originally executed. <br />The words "herein," "hereof' and "hereunder" and other words of similar import refer to this <br />Resolution as a whole not to any particular Article, Section or subdivision. <br /> <br />1.2. LEGALAuTHORIZA TION. The Issuer is a political subdivision duly organized under <br />the Constitution and laws ofthe State of North Dakota and is authorized under the Act to issue and <br />sell the Bonds for the purpose, in the manner and upon the terms and conditions set forth in the Act <br />and in this Bond Resolution. <br /> <br />1.3. FINDINGS. The County Commission has heretofore determined, and does hereby <br />determine, as follows: <br /> <br />(a) the Issuer is authorized by the Act to enter into the Loan Agreement for the <br />public purposes expressed in the Act; <br /> <br />(b) the Issuer has made the necessary arrangements with NDSU Development <br />Foundation, a North Dakota nonprofit corporation (the "Corporation") for the financing of <br />the Facilities as more fully described in the Loan Agreement and which will be of the <br />character and accomplish the purposes provided by the Act, and the Issuer has by this Bond <br />Resolution authorized the financing of the Facilities and execution of the Loan Agreement, <br />the Pledge Agreement, and the Bonds, which documents specify the terms and conditions for <br />financing the Facilities; <br /> <br />(c) the financing provided under the Bonds is intended to, and will in the <br />judgment of the County Commission, promote the public welfare by providing improved <br />facilities for North Dakota State University; <br /> <br />(d) the amount estimated to be necessary to finance the Facilities will require the <br />issuance of the Bonds in the principal amount not exceeding $3,500,000 as hereinafter <br />provided; <br /> <br />-1- <br />
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