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Part 2
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Vol. 2- City of Santa Ana Financing Authority (Police Administration and Holding Facility)
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Part 2
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Fund, and (ii) (on and after the completion of the acquisition, construction, and installation of the <br /> Project) deposited in the Revenue Fund. <br /> 3.6 No Replacement Proceeds/No Other Replacement Proceeds. <br /> 3.6.1 Neither the City and the Authority nor any related persons will use any <br /> proceeds of the 1994 Bonds directly or indirectly to replace funds of the City and the Authority or any <br /> related persons that are used directly or indirectly to acquire investment property reasonably expected <br /> to produce a yield materially higher than the yield on the 1994 Bonds. <br /> 3.6.2 The City and the Authority reasonably expect that the term of the <br /> 1994 Bonds is no longer than is reasonably necessary for the governmental purposes of the <br /> 1994 Bonds. <br /> 3.6.3 Weighted Average Maturity/Remaining Useful Life. <br /> (i) The weighted average maturity of the 1994 Bonds is <br /> 22.312 years, as set forth by the Underwriters on Exhibit A attached hereto. <br /> (ii) The Project consists of buildings and similar facilities (see <br /> Section 1 .7 hereof). Under Revenue Procedure 62-21, 1962-2 C.B. 418, a building has an <br /> expected economic life of 40 years as of the date it is placed in service. None of the elements <br /> of the Project has been placed in service as of the date hereof. Accordingly, one hundred and <br /> twenty percent (120%) of the remaining expected economic life of the Project is 48 years. <br /> Accordingly,the weighted average maturity of the 1994 Bonds <br /> does not exceed one hundred and twenty percent (120%) of the remaining average remaining <br /> reasonably expected economic life of the assets financed or refinanced with proceeds of the <br /> 1994 Bonds. <br /> 3.7 No Overissuance. Proceeds from the sale of the 1994 Bonds, taking into <br /> account anticipated investment income thereon until expended, do not exceed the amount necessary <br /> (i) to pay certain capital costs of the Project; (ii) to fund a debt service reserve fund with respect to <br /> the 1994 Bonds; (iii) to pay the fee for the Guarantee; and (iv) to pay costs of issuance. <br /> 3.8 Bona Fide Debt Service Funds. The Bona Fide Debt Service Funds will be used <br /> primarily to achieve a proper matching of revenues and debt service within each bond year. With <br /> respect to the Bona Fide Debt Service Funds: (i) to the extent amounts are deposited therein, the Bona <br /> Fide Debt Service Funds will be depleted at least once a year except for a carryover amount not to <br /> exceed the greater of one-twelfth of annual debt service or one year's earnings on such Funds in the <br /> aggregate; (ii) any amounts contributed to such Funds will be spent within thirteen (13) months of the <br /> date of such contribution to pay debt service on the 1994 Bonds; and (iii) any amount received from <br /> the investment or reinvestment of moneys held in such Funds will be spent within one year of receipt <br /> thereof. Amounts in the Bona Fide Debt Service Funds will be invested without regard to yield. <br /> 3.9 Rebate Fund. The City and the Authority have covenanted or hereby covenant <br /> not to use moneys on deposit in any fund or account in connection with the 1994 Bonds in a manner <br /> which will cause the 1994 Bonds to be arbitrage bonds within the meaning of Section 148 of the <br /> Code. To that end, the Rebate Fund is created pursuant to the Indenture. The amount required to be <br /> held in the Rebate Fund at any point in time is determined pursuant to the requirements of the Code, <br /> including particularly Section 148(f) of the Code and the regulations applicable thereto. Moneys in the <br /> Rebate Fund are neither pledged to nor expected to be used to pay debt service on the 1994 Bonds. <br /> Issue Price Proceeds and Investment Proceeds are not expected to be held in the Rebate Fund. Any <br /> LA1-69477.4 9 <br />
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