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<br />RESOLUTION RELATING TO REVENUE BONDS ON BEHALF OF <br />ESSENTIA HEALTH; AUTHORIZING THE ISSUANCE AND SALE <br />THEREOF PURSUANT TO THE MUNICIPAL INDUSTRIAL <br />DEVELOPMENT ACT OF 1955, NORTH DAKOTA CENTURY <br />CODE, CHAPTER 40-57 AND THE EXECUTION OF DOCUMENTS <br /> <br />BE IT RESOLVED by the County Commission of Cass County, North Dakota as <br /> <br />follows: <br /> <br />Section 1. Definitions <br /> <br />1.01. In this Resolution the following terms, when used with initial capital letters, <br />have the following respective meanings unless the context hereof or use herein clearly requires <br />otherwise: <br /> <br />Act: the Municipal Industrial Development Act of 1955, North Dakota Century <br />Code, Chapter 40-57, as amended, and all acts supplemental thereto or amendatory <br />thereof; <br /> <br />Bonds: the Revenue Bonds (Essentia Health) to be issued by the County, in one <br />or more series, or subseries within a series, in an amount not to exceed $145,000,000, <br />pursuant to this Resolution; <br /> <br />Bond Purchase Agreement: the Bond Purchase Agreement( s) to be entered into <br />by and between the County, the Borrower and the Underwriter with respect to the Bonds, <br />a form of which has been made available to the County prior to this meeting; <br /> <br />Borrower: Essentia Health, a Minnesota nonprofit corporation, its successors and <br />aSSIgns; <br /> <br />Code: the Internal Revenue Code of 1986, as amended; <br /> <br />County: Cass County, North Dakota, its successors and assigns; <br /> <br />Indenture: the Trust Indenture(s) to be executed by the County and the Trustee, a <br />form of which has been made available to the County prior to this meeting; <br /> <br />Joint Powers Agreement: the Joint Powers Agreement to be entered into by and <br />among the County and the cities of Jamestown, Valley City and Wahpeton, North <br />Dakota, a form of which has been made available to the County prior to this meeting; <br /> <br />Loan Agreement: the Loan Agreement(s) to be executed by the County and the <br />Borrower, a form of which has been made available to the County prior to this meeting; <br /> <br />Official Statement: the Official Statement(s) by which the Bonds will be offered, <br />a form of which has been made available to the County prior to this meeting; <br /> <br />2 <br />