2. MIDA Bond/NDSU
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2. MIDA Bond/NDSU
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<br />(e) it is desirable, feasible and consistent with the objects and purposes of the Act <br />to issue the Bonds for the purpose of financing the Facilities; <br /> <br />(f) the Bonds and the interest accruing thereon do not constitute an indebtedness <br />of the Issuer within the meaning of any constitutional or statutory limitation of indebtedness <br />and do not constitute. or give rise to a pecuniary liability or a charge against the general credit <br />or taxing powers of the Issuer and neither the full faith and credit nor the taxing powers of <br />the Issuer, is pledged for the payment of the Bonds or interest thereon; and <br /> <br />(g) in accordance with the Act, after due notice and publication thereof, a public <br />hearing was conducted on the Facilities and the financing thereof, and persons in attendance <br />wishing to speak regarding the Facilities and financing thereof were given an opportunity to <br />do so at the hearing. <br /> <br />1.4. AUTHORIZATION AND RATIFICATION OF F ACILlTIES FINANCING. The Issuer has <br />heretofore and does hereby authorize the Corporation, in accordance with the provisions of the Act <br />and subject to the terms and conditions set forth in the Loan Agreement to provide for the financing <br />of the Facilities by such means as shall be available to the Corporation and in the manner determined <br />by the Corporation; and the Issuer hereby ratifies, affirms, and approves all actions heretofore taken <br />by the Corporation consistent with and in anticipation of such authority. <br /> <br />ARTICLE TWO <br />BONDS <br /> <br />2.1. AUTHORIZED AMOUNT AND FORM OF BONDS. The Bonds issued pursuant to this <br />Bond Resolution shall be in substantially the form set forth on Exhibit A hereto, with such <br />appropriate variations, omissions and insertions as are permitted or required by this Bond Resolution, <br />and in accordance with the further provisions hereof; and the total principal amount ofthe Bonds that <br />may be outstanding hereunder is expressly limited to $3,500,000, unless a duplicate Bond is issued <br />pursuant to Section 2.7. <br /> <br />2.2. THE BOND TERMS. The Bonds shall be issued as a single series, dated as of the date <br />of delivery, shall be payable at the times and in the manner, shall bear interest at the rate, and shall <br />be subject to redemption and such other terms and conditions as are set forth therein. <br /> <br />2.3. MODIFICATION OF BONDS: EXECUTION. The Bonds in the form set forth in Exhibit <br />A, together with such additional details therein as may be necessary and appropriate and such <br />modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate <br />and approved by Bond Counsel and the Corporation prior to the execution thereof, is hereby <br />approved; provided that in no event may the interest rate on the Bonds exceed 5.00% per annum, nor <br />may the principal amount ofthe Bonds exceed $3,500,000. The Bonds shall be executed on behalf <br />of the Issuer by the manual or facsimile signatures of the Chair of the Board of County <br />Commissioners and County Auditor. In case any officer whose signature shall appear on the Bonds <br />shall cease to be such officer before the delivery of the Bonds, such signature shall nevertheless be <br />valid and sufficient for all purposes, the same as ifhad remained in office until delivery. In the event <br /> <br />-2- <br />
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