- 16 - County will issue the Refunding Bonds and purchase the Refunding Series B Secured Note from the Owner Trustee with the proceeds of the Refunding Bonds, (ii) the Owner Trustee will prepay the Initial Series B Secured Note with the proceeds of the sale of the Refunding Series B Secured Note and Supplemental Rent paid by the Lessee, (iii) the County will use the funds received from the Owner Trustee in respect of the prepayment of the Initial Series B Secured Notes to redeem the Bonds * * *. The modified 1985 sale and leaseback detailed the calcula- tion of petitioner’s annual basic rent obligation in pertinent part as follows: (3) the amount of Basic Rent payable on each Basic Rent Payment Date following such refinancing [of the 1984 tax-exempt bonds] shall be reduced by the amount of Bond Premium, Owner Participant’s Refunding Transac- tion Expenses and Lessee’s [petitioner’s] Refunding Transaction Expenses paid by the Lessee in connection with such refinancing and not previously taken into account in any adjustment to Basic Rent plus interest at the Weighted Average Cost of Capital [8.34 percent], compounded semi-annually, on any such amounts paid by the Lessee from the date of payment by the Lessee to the date of recovery through a reduction in Basic Rent pursuant to this Clause 3; (4) after the Lessee has recovered the amounts de- scribed in paragraph (3) above, the amount of Basic Rent payable on any Basic Rent Payment Date following such refinancing shall be reduced by an amount equal to 80% of the difference between the interest that would have been payable on such Basic Rent Payment Date with respect to the prepaid Series B Secured Note and the interest payable on such Basic Rent Payment Date with respect to the Series B Refunding Note; As described in the foregoing excerpt from the modified 1985 sale and leaseback, the 1992 amendments did not effect a reduc- tion in petitioner’s minimum annual basic rent obligation until the redemption of the 1984 tax-exempt bonds and the issuance ofPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011