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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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lives of the respective Lease Agreements); (ii) a reasonably expected life of 20 years from <br /> completion, in the case of the System Project as represented to the Authority by the <br /> County; and (iii) the certifications of the Members set forth in the respective Proceeds <br /> Certificates in the case of the reasonably expected economic lives of the respective Local <br /> System Components and Capital Projects (including in the case of the City of Fullerton, <br /> the projects financed with the Fullerton Prior Obligations). <br /> (o) No Improper Financial Advantage. The transaction contemplated herein <br /> does not represent an exploitation of the difference between tax-exempt and taxable <br /> interest rates to obtain a material financial advantage and does not overburden the tax- <br /> exempt bond market in that the Authority is not issuing more bonds, issuing bonds <br /> earlier, or allowing bonds to remain outstanding longer than is otherwise reasonably <br /> necessary to accomplish the governmental purposes of the bonds. <br /> (p) Bond Year for the Bonds. The Authority hereby selects each period from <br /> February 2 through February 1 of the following calendar year as the bond years for the <br /> Bonds, except that the first bond year will commence on the date hereof and the last <br /> bond year will end on the date of payment of the Bonds in full. <br /> (q) Rebate Requirement. The Authority has covenanted in the Indenture to <br /> comply with requirements for rebate of excess investment earnings to the federal <br /> government to the extent applicable and acknowledges that the first payment of excess <br /> investment earnings, if any, is required to be rebated to the federal government no later <br /> than sixty (60)days after the end of the fifth (5th)bond year for the Bonds. No portion of <br /> the Bonds will constitute a private activity bond within the meaning of section 141(a) of <br /> the Internal Revenue Code of 1986 (the "Code"), the average maturity of the Bonds is <br /> greater than five (5) years and none of the interest rates on the Bonds vary during the <br /> term of the Bonds. As a consequence of the foregoing, investment earnings on the Debt <br /> Service Funds will be excluded for the purposes of computation of the amount required <br /> to be rebated to the federal government as referenced in this subparagraph without <br /> regard to the total amount of said earnings. The Fullerton Prior Obligations are not <br /> subject to the requirement for rebate of excess investment earnings to the federal <br /> government because the Fullerton Prior Obligations were not issued on the basis that <br /> interest thereon was excluded from gross income for purposes of federal income <br /> taxation. <br /> (r) Yield of the Bonds. The yield of the Bonds is 5.28360%, determined on the <br /> basis of regularly scheduled principal and interest payments on the Bonds, discounted <br /> to $27,440,380.40, representing (A) the issue price of the Bonds of $27,629,380.40 (being <br /> the face amount of the Bonds of $27,725,000, less original issue discount of $95,619.60, <br /> less (B) Insurance fees of $189,000.00. The Underwriter has represented that (i) based <br /> upon reasonable expectations and actual facts which existed on the date the Underwriter <br /> purchased the Bonds from the Authority, the initial offering price of each maturity of the <br /> Bonds to the public (excluding bondhouses,brokers or similar persons or organizations <br /> acting in the capacity of underwriters or wholesalers) at which a substantial amount of <br /> each maturity of the Bonds was to be sold to the public on the date hereof is set forth on <br /> Exhibit A attached hereto and by this reference incorporated herein; (ii) the Bonds of <br /> each maturity were actually offered to the general public in a bona fide public offering <br /> for the prices set forth in Exhibit A; (iii) the present value of the fees for the Insurance is <br /> 6 <br />
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