O-1994-1972 - Laserfiche WebLink

Browse Search

e e described in subsection (a) hereof exceeds 5% of the proceeds of the Bonds (less amounts deposited into a reserve fund. if any) then the amount in excess of 5% is used for a "private business use" which is "related" and not "disproportionate". within the meaning of section 141(b)(3) of the Code. to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of SS.OOO.OOO, or 5% of the proceeds of the Bonds (less amounts deposited into a reserve fund. if any) is directly or indirectly used to finance loans to persons. other than state or local governmental units. in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(a) of the Code; (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the tenn of the Bonds, other than investment property acquired with -- (I) proceeds of the Bonds invested for a reasonable temporary period of three years or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.l03-13(b)(l2) of the Treasury Regulations. and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10% of the proceeds of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds. as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and. to the extent applicable, section 149(d) of the Code (relating to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90% of the "Excess Earnings". within the meaning of section 148(f) of the Code and to pay to the United States of America. not later than 60 days after the Bonds have been paid in full, 100% of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (i) to maintain such records as will enable the City to fulml its responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Bonds. It is the understanding of the City that the covenants contained herein are intended to assure compliance with the Code and any regulations or mlings promulgated by the U.S. Depanment of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify. or expand provisions of the Code, as applicable to the Bonds, the City will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally-recognized bond counsel, will not 19