2005-0318
INTRODUCED BY: ALBERT D. LAQUE, PARISH PRESIDENT
(BOND COUNSEL)
Ordinance No. 05-________
Title
An ordinance approving the execution and delivery of the documents referred to herein relating to the amendments of the Refunding Agreements delivered in connection with the Parish of St. Charles, State of Louisiana Pollution Control Revenue Refunding Bonds (Entergy Louisiana, Inc. Project) Series 1999-A, Series 1999-B and Series 1999-C described herein; authorizing the Parish President and the Secretary of the St. Charles Parish Council to execute any and all documents in connection with the amendments; and providing for other matters in connection with the foregoing.
Body
WHEREAS, the Parish of St. Charles, State of Louisiana (the "Issuer") previously issued $55,000,000 of its Pollution Control Revenue Refunding Bonds (Entergy Louisiana, Inc. Project) Series 1999-A, $60,000,000 of its Pollution Control Revenue Refunding Bonds (Entergy Louisiana, Inc. Project) Series 1999-B, and $110,950,000 of its Pollution Control Revenue Refunding Bonds (Entergy Louisiana, Inc. Project) Series 1999-C (collectively, the "Bonds"), on behalf of Entergy Louisiana, Inc., a Louisiana corporation (the "Company"); and
WHEREAS, the Company has requested that the Issuer enter into an amendment to the Refunding Agreement dated as of June 1, 1999 for each series of Bonds (collectively, the "Refunding Agreement") in order to permit references in the Refunding Agreement to the corporate nature of the Company's existence to give effect to a consolidation of the Company with, or merger of the Company with or into, or sale or other transfer of all or substantially all of its assets, as the case may be, be deemed to refer to the successor corporation, which may include a limited liability company; and
WHEREAS, Section 10.4 of the Refunding Agreement provides that the Refunding Agreement may not be effectively amended, changed or modified, altered or terminated excep...
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