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this Board in substantially the form attached hereto and are hereby directed to be filed with the <br /> Secretary of the Board: <br /> (a) A Loan Agreement (the "Loan Agreement"), proposed to be made and <br /> entered into between the Development Corporation and the Company; <br /> (b) An Indenture of Trust (the "Indenture of Trust"), proposed to be made and <br /> entered into between the Development Corporation and JPMorgan Chase Bank, as trustee (the <br /> "Trustee"), authorizing the issuance of and setting forth the terms and conditions of the said <br /> nonrecourse revenue bonds, assigning the Development Corporation's interest in the Loan <br /> Agreement, and setting forth the proposed recitals, covenants and agreements of the parties with <br /> respect thereto; <br /> (c) An Underwriting Agreement (the "Underwriting Agreement") proposed to <br /> be made and entered into between and among Banc of America Securities LLC (the <br /> "Underwriter"),the Company and the Development Corporation; <br /> (d) An Indemnification and Compensation Agreement, proposed to be made <br /> and entered into between the Development Corporation and the Company (the "Indemnification <br /> and Compensation Agreement"); and <br /> (e) An Official Statement to be circulated by the Underwriter to prospective <br /> purchasers of the Bonds; and <br /> WHEREAS, pursuant to the foregoing Loan Documents, the Development Corporation <br /> hereby determines that the issuance of its Exempt Facilities Revenue Bonds (Kimberly-Clark <br /> Corporation Project), Series 2002, in the aggregate principal amount of not to exceed <br /> $19,900,000 (the "Bonds"), is in the public interest and consistent with the Act; and <br /> -2- P:1DOT\DOT19H 05/20/02 <br />