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A RESOLUTION AUTHORIZING THE ENTRY INTO AN AGREEMENT TO ISSUE BONDS FOR THE PURPOSE OF ASSISTING IN THE FINANCING OF INDUSTRIAL FACILITIES WITHIN THE CITY OF JONESBORO, ARKANSAS, TO BE LEASED TO NICHIREI GLOBAL FOODS, LLC, A WHOLLY-OWNED SUBSIDIARY OF INNOVASIAN CUISINE ENTERPRISES, INC., OR THEIR AFFILIATE, PURSUANT TO THE AUTHORITY OF THE LAWS OF THE STATE OF ARKANSAS, INCLUDING PARTICULARLY AMENDMENT 65 TO THE ARKANSAS CONSTITUTION AND THE MUNICIPALITIES AND COUNTIES INDUSTRIAL DEVELOPMENT REVENUE BOND LAW
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WHEREAS, the City of Jonesboro, Arkansas, is authorized under the provisions of Amendment 65 to the Arkansas Constitution and the Municipalities and Counties Industrial Development Revenue Bond Law, Ark. Code Ann. §§ 14-164-201 et seq. (the “Act”), to own, acquire, construct, equip, and lease facilities to secure and develop industry and to assist in the financing thereof by the issuance of bonds payable from the revenues derived from such facilities; and,
WHEREAS, Nichirei Global Foods, LLC, a wholly-owned subsidiary of InnovAsian Cuisine Enterprises, Inc., or their affiliate (collectively, the “Company”), has evidenced its interest in acquiring, constructing, and equipping an industrial facility within the City if permanent financing can be provided through the issuance of bonds (the “Bonds”) under the authority of the Act; and,
WHEREAS, the City desires to assist the Company in order to secure and develop industry within the City and to aid in the financing thereof under the provisions of the Act; and,
WHEREAS, it is desirable that the City enter into an Agreement to Issue Bonds for such purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS, that:
Section 1. The Mayor and the City Clerk of the City are hereby authorized to enter into an Agreement to Issue Bonds in substantially the form and substance attached as Exhibit A.
Section 2. Subject to compliance with the statutory notice requi...
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