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2014-004 SAFA
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2014-004 SAFA
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Last modified
7/28/2014 5:07:05 PM
Creation date
7/28/2014 4:13:42 PM
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City Clerk
Doc Type
Resolution
Doc #
2014-004
Date
7/15/2014
Destruction Year
P
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Prepayment Price <br />Prepayment Period (percentage of <br />(dates inclusive) principal portion) <br />September 1, through August 31, % <br />September 1, through August 31, <br />September 1, and thereafter <br />ARTICLE VI <br />ADDITIONAL COVENANTS <br />SECTION 6.01. Additional Covenants. In addition to the covenants specified in the <br />Agreement, the following additional covenants are added with respect to the Component <br />Obligation Series 2014: <br />The City will not directly or indirectly use or permit the use of any proceeds of the <br />Component Obligation Series 2014 or any other funds of the City or of the Project or take or <br />omit to take any action that would cause the Component Obligation Series 2014 to be "private <br />activity bonds" within the meaning of Section 141 of the Code, or obligations which are <br />"federally guaranteed" within the meaning of Section 149(b) of the Code. <br />The City covenants that it will not take any action, or fail to take any action, if any such <br />action or failure to take action would adversely affect the exclusion from gross income of the <br />interest represented by the Component Obligation Series 2014 under Section 103 of the Code. <br />The City will not directly or indirectly use or permit the use of any proceeds of the Component <br />Obligation Series 2014 or any other funds of the City, or take or omit to take any action, that <br />would cause the Component Obligation Series 2014 to be "arbitrage bonds" within the meaning <br />of Section 148(a) of the Code. To that end, the City will comply with all requirements of Section <br />148 of the Code to the extent applicable to the Component Obligation Series 2014. In the event <br />that at any time the City is of the opinion that for purposes of this Section it is necessary to <br />restrict or limit the yield on the investment of any moneys held by the Trustee under the <br />Indenture or otherwise, the City shall so instruct the Trustee in writing, and shall cause the <br />Trustee to take such action as may be necessary in accordance with such instructions. <br />Without limiting the generality of the foregoing, the City agrees that there shall be paid <br />from time to time all amounts required to be rebated to the United States of America pursuant to <br />Section 148(f) of the Code and any temporary, proposed or final Treasury Regulations as may be <br />applicable to the Component Obligation Series 2014 from time to time. This covenant shall <br />survive payment in full or defeasance of the Component Obligation Series 2014. The City <br />specifically covenants to pay or cause to be paid to the United States of America at the times and <br />in the amounts determined under this Section the Rebate Requirement, as described in the Tax <br />Certificate and to otherwise comply with the provisions of the Tax Certificate executed by the <br />City in connection with the execution and delivery of the Component Obligation Series 2014. <br />Notwithstanding any provision of this Section, if the City shall provide to the Trustee an <br />opinion of nationally recognized Bond Counsel to the effect that any action required under this <br />55394.00011 \8752854.4 6 <br />
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