- 29 - gation to make payments of interest and principal on the 1984 tax-exempt bonds] with the proceeds of an Additional Note issued pursuant to Section 3.5 of the [Trust] Indenture. Such Refunding Series B Note will be purchased by the County [Mercer County] with the proceeds of the sale of its Mercer County, North Da- kota, Pollution Control Refunding Revenue Bonds, Series 1995 (the Refunding Bonds) [i.e., the 1995 tax-exempt bonds]. The Refunding Bonds will be sold pursuant to a Forward Purchase Contract (the Refunding Bond Purchase Agreement) between the County and Morgan Stanley & Co. Incorporated (the date of execution of such Refunding Bond Purchase Agreement hereinafter called the Refund- ing Bond Sale Date) providing for the future delivery of Refunding Bonds on a date (the Refunding Bond Deliv- ery Date) shortly after the first optional call date [December 30, 1994] for the [1984 tax-exempt] Bonds. * * * On the Refunding Bond Delivery Date, (i) the 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;Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011