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Series 1994A
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Vol. 1- City of Santa Ana Financing Authority (Police Admin. and Holding Facility)
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Series 1994A
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action is required to maintain the exclusion from gross income for federal income tax <br /> purposes of interest with respect to the Bonds, the Trustee, the Authority and the City may <br /> conclusively rely on such opinion in complying with the requirements of this Section, and, <br /> notwithstanding Article VII hereof, the covenants hereunder shall be deemed to be modified <br /> to that extent. <br /> (j) The provisions of this Section shall not apply to any Series of Bonds <br /> which the Authority shall certify to the Trustee is not intended to comply with the <br /> requirements of the Code necessary to make interest on such Series of Bonds excludable <br /> from gross income for federal income tax purposes. <br /> SECTION 6.05. Use of Net Proceeds. The Authority shall cause the City <br /> to, within fifteen (15) days of the receipt of any Net Proceeds, instruct the Trustee, through <br /> a Written Request of the City, as to what portion, if any, of such proceeds is to be used to <br /> redeem Bonds pursuant to Section 2.03. <br /> SECTION 6.06. Accounting Records and Reports. The Authority will <br /> keep or cause to be kept proper books of record and accounts in which complete and <br /> correct entries shall be made of all transactions relating to the receipts, disbursements, <br /> allocation and application of the Revenues, and such books shall be available for inspection <br /> by the Trustee or by the Bond Insurer, at reasonable hours and under reasonable conditions. <br /> Not more than four months after the close of each Authority Fiscal Year, the Authority <br /> shall furnish or cause to be furnished to the Trustee and the Bond Insurer a complete <br /> financial statement covering receipts, disbursements, allocation and application of Revenues <br /> for such Authority Fiscal Year, and including a profit and loss statement and balance sheet. <br /> The Authority shall also keep or cause to be kept such other information as is required <br /> under the Tax Certificate. <br /> SECTION 6.07. The Citv's Budgets. The Authority will supply to the <br /> Trustee, as soon as practicable after the beginning of each City Fiscal Year but in no event <br /> later than December 31 in each City Fiscal Year, a Certificate of the City certifying that the <br /> City has made adequate provision in its annual budget for such City Fiscal Year for the <br /> payment of all rentals due under the Lease in such City Fiscal Year. If the amounts so <br /> budgeted are not adequate for the payment of all rentals due under the Lease in such City <br /> Fiscal Year, the Authority will take such action as may be necessary and within its power <br /> to cause such annual budget to be amended, corrected or augmented so as to include therein <br /> the amounts required to be paid by the City in such City Fiscal Year for the payment of all <br /> rentals due under the Lease in such City Fiscal Year, and will notify the Trustee of the <br /> proceedings then taken or proposed to be taken by the Authority. <br /> SECTION 6.08. Lease and Other Documents. The Authority will at all <br /> times maintain and vigorously enforce all of its rights under the Lease and the Ground <br /> Lease, and will promptly collect all rents and charges due for the use of the Leased <br /> Property as the same become due under the Lease, and will promptly and vigorously <br /> enforce its rights against any tenant or other person who does not pay such rents or charges <br /> LA1-63221.5 43 <br />
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