1. MIDA Bond-Essentia Health
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1. MIDA Bond-Essentia Health
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<br />County contained in the Loan Agreement, the Indenture, the Joint Powers Agreement and <br />the Bond Purchase Agreement and of all other acts and things required under the <br />Constitution and laws of the State of North Dakota to make the Bonds, the Loan <br />Agreement, the Indenture, the Joint Powers Agreement and the Bond Purchase <br />Agreement valid and binding obligations of the County enforceable in accordance with <br />their terms, are authorized by the Act; <br /> <br />(c) it is desirable that the Bonds in the amount of up to $145,000,000 be issued <br />by the County upon the terms set forth herein, and that the County assign its interest in <br />the Loan Agreement, except for certain retained rights, to the Trustee by the Indenture <br />and grant a security interest therein for the payment of the principal of, interest on and <br />premium, if any, on the Bonds; and <br /> <br />(d) as will be provided in the Bonds, the Bonds are not to be payable from nor <br />charged upon any funds of the County other than the revenue under the Loan Agreement <br />pledged to the payment thereof; the County is not subject to any liability thereon; no <br />Holder of the Bonds shall ever have the right to compel any exercise of the taxing power <br />of the County to pay the Bonds or the interest or premium or late charges, if any, thereon, <br />nor enforce payment thereof against any property of the County except the revenue under <br />the Loan Agreement pledged to the payment thereof; the Bonds issued hereunder shall <br />recite that the Bonds, including premium, if any, and interest thereon, are payable solely <br />from the revenue under the Loan Agreement pledged to the payment thereof; and the <br />Bonds shall not constitute a debt of the County within the meaning of any constitutional <br />or statutory limitation of indebtedness. <br /> <br />Section 3. Authorization and Sale <br /> <br />3.01. Authorization. The County is authorized by the Act to issue revenue bonds, <br />to loan the proceeds thereof to the Borrower to finance and refinance the Project and to make all <br />contracts, execute all instruments and do all things necessary or convenient in the exercise of <br />such authority. <br /> <br />3.02. Public Hearing. The Commission held a duly noticed public hearing on the <br />issuance of the Bonds on the date hereof, at which time all persons were given an opportunity to <br />express their views with respect to the financing and refinancing of the Project by the County. <br /> <br />3.03. Approval of Documents. Pursuant to the above, there have been prepared <br />and presented to this Commission forms of the Loan Agreement, the Indenture, the Joint Powers <br />Agreement and the Bond Purchase Agreement, all of which are now, or shall be, placed on file in <br />the office of the County Auditor. The forms of the Loan Agreement, the Indenture, the Joint <br />Powers Agreement and the Bond Purchase Agreement are approved, with such variations, <br />insertions and additions as are deemed appropriate by the parties and approved by the County <br />Attorney and County Auditor. <br /> <br />3.04. Sale of Bonds to Underwriter. The sale of the Bonds to the Underwriter <br />pursuant to the Bond Purchase Agreement is hereby approved. The County Auditor is hereby <br /> <br />4 <br />
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