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June 11, 2013
<br />WHEREAS, on May 16, 2013, the Economic Development Authority of Henrico
<br />County, Virginia (the "Henrico Authority") adopted an inducement resolution (the
<br />"Inducement Resolution") (a copy of which is attached hereto as Attachment A) relating
<br />to the issuance of its Revenue Bonds (Bon Secours Health System, Inc.) (the "Bonds")
<br />in one or more series to, among other things, (i) refund all or a portion of the Economic
<br />Development Authority of Henrico County, Virginia Revenue Refunding Bonds, Series
<br />2008D (Bon Secours Health System, Inc.) (the "Series 2008D Bonds"), (ii) pay or
<br />reimburse, or refinance certain indebtedness the proceeds of which were used by,
<br />Maryview for the payment of the costs of acquiring, constructing, equipping, expanding,
<br />enlarging and improving certain of its medical facilities (the "Project"), (iii) pay a portion
<br />of the interest on the Bonds, if deemed necessary, (iv) establish a debt service reserve
<br />fund, if deemed necessary, and (v) pay certain costs incurred in connection with the
<br />issuance of the Bonds and the refunding of the Series 2008D Bonds (collectively, the
<br />"Financing Purposes"), all pursuant to a master financing plan for certain health care
<br />facilities affiliated with BSHSI, which plan includes the above-described financing by the
<br />Henrico Authority for the benefit of Maryview; and
<br />WHEREAS, the portion of the Bonds to be issued for the benefit of Maryview
<br />shall not exceed $15,000,000; and
<br />WHEREAS, the Bonds will be issued pursuant to the Virginia Industrial
<br />Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950,
<br />as amended (the "Act"), and will be limited obligations of the Henrico Authority payable
<br />solely from the revenues and receipts derived from payments provided by BSHSI,
<br />Maryview and certain related corporations; and
<br />WHEREAS, the facilities of Maryview to be financed or refinanced are located
<br />within the boundaries of the City of Portsmouth, Virginia, which, pursuant to the Act, has
<br />created the Economic Development Authority of the City of Portsmouth, Virginia (the
<br />"Portsmouth Authority"), and Section 15.2-4905 of the Act permits the issuance of the
<br />Bonds by the Henrico Authority for the benefit of BSHSI and Maryview if the governing
<br />body of the City of Portsmouth, Virginia concurs in the Inducement Resolution adopted
<br />by the Henrico Authority; and
<br />WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the
<br />"Code"), provides that the highest elected governmental official of the governmental unit
<br />having jurisdiction over the area in which any facility financed or refinanced with the
<br />proceeds of the Bonds is located must approve the issuance of the Bonds in order for
<br />the interest on the Bonds to be entitled to certain exemptions from taxation provided by
<br />the Code, and the City Council of the City of Portsmouth, Virginia constitutes such
<br />highest elected governmental official within the meaning of the Code; and
<br />WHEREAS, on June 11, 2013, pursuant to the requirements of Section 147(f) of
<br />the Code and the Act, the Portsmouth Authority held a public hearing concerning the
<br />proposed issuance of the Bonds; and
<br />WHEREAS, on June 11, 2013, the Portsmouth Authority adopted a resolution
<br />approving the issuance of the Bonds by the Henrico Authority and recommending that
<br />the City Council of the City of Portsmouth, Virginia concur in the Inducement Resolution
<br />of the Henrico Authority and approve the issuance of the Bonds by the Henrico Authority
<br />to comply with Section 147(f) of the Code and Section 15.2-4905 of the Act; and
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
<br />PORTSMOUTH, VIRGINIA:
<br />1. The recitals made in the preamble to this Resolution are hereby adopted as a
<br />part of this resolution.
<br />2. The City Council of the City of Portsmouth, Virginia, approves the issuance of the
<br />Bonds by the Henrico Authority for the benefit, among others, of Maryview, and concurs
<br />in the Inducement Resolution adopted by the Henrico Authority for all purposes for
<br />which such concurrence and approval is required, including without limitation, Section
<br />147(f) of the Code and Section 15.2-4905 of the Act.
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