Laserfiche WebLink
596 <br /> <br /> A. The Board of Commissioners of The Cabarrus County Industrial <br />Facilities and Pollution Control Financing Authority (the "Authority") <br />met on June 18, 1984 and took the following action in connection with the <br />proposed issuance and sale of the Authority's Industrial Revenue Bonds <br />(NC Plastics, Inc. Project) in the aggregate principal amount of $3,643,000; <br /> <br /> (1) authorized'the borrowing under and the issuance and <br />performance of the Authority's Industrial Revenue Bonds (NC Plastics, <br />Inc. Project) in' the aggregate principal amount of $3,643,000 and <br />directed the execution and delivery of said Bonds; <br /> <br /> (2) approved and authorized the execution, delivery and <br />performance of (a) the Bond Purchase Agreement among the Authority, <br />Southern National Bank of North Carolina ("Southern") and NC Plastics, <br />Inc. (the "Company") with the forms of Series A, B and C Bonds <br />attached thereto as Exhibits A, B and C; (b) the Loan Agreement <br />between the Authority and the Company, with the forms of the Company's <br />Notes attached thereto as Exhibits A, B and C; (c) the Bond Purchase <br />Agreement among the Authority, The Concord National Bank ("Concord") <br />and the Company with the form of Series D Bond attached thereto as <br />Exhibit A; (d) the Loan Agreement between the Authority and the <br />Company, with form of the Company's Series D Note attached thereto <br />as Exhibit A; (e) the Security Agreements between the Company and <br />the Authority; (f) the Assignment between the Authority and Southern <br />and consented to by the Company; and (g) the Assignment between the <br />Authority and Concord and consented to by the Company; <br /> <br /> (3)approved the forms of the Notes and authorized the <br />endorsement thereof without recourse to the order of and the pledge <br />thereof to Southern and Concord; and <br /> <br /> (4) approved the form of (a) the Southern Company Guaranty <br />Agreement between the Company and Southern; (b) the Deed of Trust <br />from the Company to James R. Bryant, III, Trusteee for the Authority; <br />(c) the Corporate Guaranty Agreement between Rlastics Manufacturing, <br />Inc., a North Carolina corporation (the "Corporate Guarantor"), and <br />Southern; (d) the Guaranty Security Agreement between the Corporate <br />Guarantor and Southern; (e) the Guaranty Deed of Trust from the <br />Corporate Guarantor to James R. Bryant, III, as Trustee for Southern; <br />(f) the Individual Guaranty Agreement between Kenneth R. Barbee, <br />Steven M. Miller, Joseph F. O'Connell, Anthony J. Spuria, <br />Constantine J. Stathis, Kenneth J. Wilson, Edward J. Heavner, James R~ <br />Wallace and John W. Shealy, Jr. (the "Individual Guarantors") and <br />Southern; (g) the Company Guaranty Agreement between the Company <br />and Concord; and (h) the Individual Guaranty Agreement between the <br />Individual Guarantors and Concord. <br /> <br /> B. The Board of Commissioners for the County of Cabarrus has <br />reviewed the action taken by the Board of Commissioners of the Authority <br />in connection with the issuance and sale of the Bonds and has made such <br />other examination and investigation as it deems necessary and relevant <br />as the basis for the approval set forth herein. <br /> <br /> Section 2. Pursuant to and in satisfaction of the requirements <br />of Section 159C-4(d) of the General Statutes of North Carolina, the <br />Board of Commissioners for the County of Cabarrus hereby approves the <br />issuance by the Authority of the Authority's Industrial Revenue Bonds, <br />Series A, B, C and D (NC Plastics, Inc. Project) in the aggregate <br />principal amount of $3,643,000. <br /> <br /> Section 3. The Clerk to the Board of Commissioners for the County <br />of Cabarrus, North Carolina, is directed to file a certified copy of <br />this resolution with the Department of Commerce. <br /> <br />Section 4. This resolution shall take effect upon its passage. <br /> <br /> Commissioner Nash moved the passage of the foregoing Resolution and <br />Commissioner Payne seconded the motion, and the Resolution was passed by <br />the following vote: <br /> <br />Ayes: Commissioners Lentz, Barnhardt, Nash, Milloway, and Payne. <br />Noes: Commissioners None <br /> <br /> <br />