Laserfiche WebLink
(4) exercise reasonable diligence to assure that no errors are made in the <br /> calculations required by paragraph (2) and, if such error is made, to discover and <br /> promptly to correct such error within a reasonable amount of time, including payment to <br /> the United States of any interest and any penalty required by the Regulations. <br /> (i) Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of <br /> the Code and the regulations and rulings relating to section 148 of the Code,the City shall not, at <br /> any time prior to the earlier of the final stated maturity or final payment of the Certificates, enter <br /> into any transaction that reduces the amount required to be paid to the United States pursuant to <br /> Subsection (h) of this Section because such transaction results in a smaller profit or a larger loss <br /> than would have resulted if the transaction had been at arm's length and had the Yield of the <br /> Certificates not been relevant to either party. <br /> 0) Not Hedge Bonds. The City will not invest more than 50 percent of the Proceeds <br /> of the Certificates in Nonpurpose Investments having a guaranteed yield for four years or more. <br /> On the Closing Date, the City will reasonably expect that at least 85 percent of the Net Sale <br /> Proceeds of the Certificates will be used to carry out the governmental purpose of such series <br /> within three years after the Closing Date. <br /> Section 7.6: Qualified Tax-Exempt Obligations. The City hereby designates the <br /> Certificates as "qualified tax-exempt obligations" as defined in Section 265(b)(3) of the Code. <br /> With respect to such designation, the City represents the following: (a) that during the calendar <br /> year 2015, the City (including all entities which issue obligations on behalf of the City), has not <br /> designated nor will designate obligations, which when aggregated with the Certificates will <br /> result in more than $10,000,000 of "qualified tax-exempt obligations" being issued and (b)that <br /> the City has examined its financing needs for the calendar year 2015, and reasonably anticipates <br /> that the amount of bonds, leases, loans or other obligations, together with the Certificates and <br /> any other tax-exempt obligations heretofore issued by the City (plus those of all entities which <br /> issue obligations on behalf of the City) during the calendar year 2015, when the higher of the <br /> face amount or the issue price of each such tax-exempt obligation issued for the calendar year <br /> 2009 by the City is taken into account,will not exceed $10,000,000. <br /> Section 7.7: Related Matters. In order that the City shall satisfy in a timely manner <br /> all of its obligations under this Ordinance,the Mayor,the Mayor Pro-Tem, City Secretary and all <br /> other appropriate officers, agents, representatives and employees of the City are hereby <br /> authorized and directed to take all other actions that are reasonably necessary to provide for the <br /> issuance and delivery of the Certificates, including, without limitation, executing and delivering <br /> on behalf of the City all certificates, consents, receipts, requests, notices, and other documents as <br /> may be reasonably necessary to satisfy the City's obligations under this Ordinance and to direct <br /> the transfer and application of funds of the City consistent with the provisions of this Ordinance. <br /> ARTICLE VIII <br /> CONTINUING DISCLOSURE UNDERTAKING <br /> Section 8.1: Annual Reports. The City shall provide annually to the MSRB, (A) <br /> within six months after the end of each fiscal year of the City, financial information and <br /> 16 <br /> HOU:3589513.1 <br />