- 18 - The 1992 amendments expressly stated that petitioner exer- cised its right to request that the owner participants take reasonable actions to refinance the 1984 tax-exempt bonds. Each owner participant exercised its right under the 1984 bond inden- ture agreement to require Mercer County to redeem the 1984 tax- exempt bonds. Pursuant to the plan detailed in the 1992 amendments, Mercer County executed a document entitled “TRUST INDENTURE” (1995 bond indenture agreement), effective as of October 1, 1992, which provided that in order to refinance the 1984 tax-exempt bonds Mercer County was to issue new tax-exempt bonds (i.e., the 1995 tax-exempt bonds) pursuant to the terms of that indenture agree- ment. Pursuant to that plan, on January 20, 1993, Mercer County entered into a forward purchase contract (forward purchase contract) with Morgan Stanley, pursuant to which Morgan Stanley 11(...continued) Participant, to request the Owner Trustee to, and upon any such request and instruction from the Owner Partic- ipant, the Owner Trustee shall, [sic] take such actions as are reasonably requested by the Lessee for a refund- ing [of the 1984 tax-exempt bonds]* * *.* * * The Lessee will provide the written notice contemplated by the first sentence of this Subsection 4(c)(i), along with a description of any documents, agreements and supplements or amendments to Transaction Documents contemplated by the preceding sentence, not less than 90 days prior to any proposed date for a refunding. The Owner Participant agrees that during such 90 day period it will cooperate in connection with the negoti- ation in good faith of such documents, agreements and supplements as are necessary to implement such refund- ing. * * *Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011