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Certificate as to Arbitrage
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Countywide Vol. 1 Revenue Bonds (1996)
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Certificate as to Arbitrage
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the date the expenditure was paid or the date the applicable Project is placed in service <br /> (but no later than three (3)years after the expenditure is paid). Proceeds (if any) used for <br /> reimbursement of expenditures will be deposited in the general funds of the Member to <br /> which reimbursement is made and will not be used to replace funds of the Authority or <br /> the Member to be used to refund debt of the Authority or the Member, to create a <br /> sinking or pledged fund for such debt, for the Bonds or for the respective Lease <br /> Agreements or otherwise to create replacement proceeds for such debt, for the Bonds or <br /> for the respective Lease Agreements. <br /> (e) Completion of Projects; Investment of Project Accounts; Capital <br /> Expenditures. The respective Members have entered into, or will within six (6) months <br /> of the date hereof, enter into a contract for all or a portion of the respective Projects, <br /> which contract constitutes (or will constitute, in the case of contracts not yet entered <br /> into) a substantial binding obligation of the Member to a third party and is (or will be,in <br /> the case of contracts not yet entered into) in excess of five percent (5%) of the "Net Sale <br /> Proceeds" of the Bonds allocable to the respective Member (namely, an amount of <br /> proceeds of the Bonds equal to the issue price of the Bonds allocable to the Member, and <br /> less the proceeds deposited in the Reserve Account allocable to the Member (see <br /> subparagraph (t) below) and, in the case of the City of Fullerton, less the portion of the <br /> proceeds of the Bonds to be used for payment of the Fullerton Prior Obligations. Each <br /> Member will proceed with due diligence to complete the Member's Project and to spend <br /> the proceeds of the Bonds allocable to the Member. The contracts referenced above and <br /> the expected completion date of the respective Projects are set forth in the respective <br /> Proceeds Certificates of the Members.All expenditures from the Project Accounts will be <br /> capital expenditures. Not less than eighty-five percent (85%) of the Net Sale Proceeds <br /> allocable to the respective Members will be spent within three (3) years of the date <br /> hereof. Amounts deposited in the Project Accounts will be invested without yield <br /> restrictions for the period from the date hereof to the date that is three (3) years after the <br /> date hereof unless earlier expended (the "3-year Temporary Period"). Interest earnings <br /> and gains resulting from investment of the Project Accounts will be retained in the <br /> Account in which investment was made and used for the purposes thereof. Upon <br /> payment of costs of a Member's Project, and upon request of that Member, the Trustee <br /> will transfer amounts in the Member's Project Account to the Bond Fund to be applied as <br /> a credit against Lease Payments to be made by that Member and used for the payment of <br /> debt service on the Bonds. Proceeds of the Bonds and interest earnings and gains on <br /> investment thereof,if any, remaining in the respective Project Accounts following the 3- <br /> year Temporary Period will be invested at a yield not in excess of the yield of the Bonds <br /> (see subparagraph (r) below) or yield reduction payments will be made to the federal <br /> government with respect to such investment after the end of the 3-year Temporary <br /> Period. <br /> (f) Santa Ana Capitalized Interest. The proceeds of the Bonds ($139,951.05) <br /> deposited in the Interest Account will be used to pay a portion of the interest on the <br /> Bonds allocable to the City of Santa Ana from the date hereof through February 1, 1997, <br /> which date is within the 3-year Temporary Period and prior to that date will be invested <br /> without yield restrictions. Interest earnings and gains resulting from that investment <br /> will be retained in the Interest Account and applied to the payment of interest on the <br /> Bonds allocable to the City of Santa Ana. Interest on the Bonds allocable to the City of <br /> Santa Ana paid from the proceeds of the Bonds and interest earnings thereon will be <br /> 3 <br />
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