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31-00 St. Ed's Project
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31-00 St. Ed's Project
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Last modified
5/14/2013 2:59:38 PM
Creation date
7/18/2003 6:14:19 AM
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Office Of Council
Document Type
Ordinances
Date
7/18/2003
Date Adopted
6/19/2000
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therein, the Borrower, or the Borrower's management, operations, organization, history or financial <br />condition, relating in any way to the Original Purchaser, or relating in any way to the providers of <br />credit enhancement securing the Bonds. <br /> <br /> Section 7. Arbitrage and Information Reporting Provisions. The Issuer covenants that <br />it will restrict, or will require the Borrower to restrict, the use of the proceeds of the Series 2000 <br />Bonds in such manner and to such extent as may be necessary so that the Series 2000 Bonds will not <br />constitute arbitrage bonds under Section 148 of the Code, after taking into account reasonable <br />expectations at the time of the delivery of and payment for the Series 2000 Bonds. <br /> <br /> The Mayor and/or the Director of Finance or any other officer having responsibility for <br />issuing the Series 21300 Bonds shall (i) enter into a Tax Regulatory Agreement with the Borrower <br />and the Trustee for inclusion in the transcript of proceedings for the Series 2000 Bonds setting forth <br />the reasonable expectations of the Issuer and the Borrower regarding the amount and use of the <br />proceeds of the Series 2000 Bonds and the facts, estimates and circumstances on which they are <br />based and other facts and circumstances relevant to the tax treatment of interest on the Series 2000 <br />Bonds, as provided by the Borrower, all as of the date of delivery of and payment for the Series <br />2000 Bonds; and (ii) provide the statement setting forth the information required by Section 149(e) <br />of the Code, which shall be based on the relevant information provided by the Borrower. <br /> <br /> The Issuer covenants that it (i) will take, or require to be taken, all actions that may be <br />required of it for the interest on the Series 2000 Bonds to be and remain excluded from gross income <br />of the registered owners thereof for federal income tax purposes, and (ii) will not take or authorize to <br />be taken any actions that would adversely affect that exclusion under the provisions of the Code. <br />The Mayor and/or the Director of Finance and other appropriate officers are hereby authorized and <br />directed to take any and all actions and make or give reports and certifications, as may be <br />appropriate to assure such exclusion of that interest. <br /> <br /> Section 8. Allthorization of Agreement. Indenture. Bond Purchase Agreement and All <br />Other Documents to be Executed by the Issuer. In order to better secure the payment of the <br />principal of, premium, if any, and interest on the Series 2000 Bonds as the same shall become due <br />and payable, and to provide for the financing of the Project, the Mayor and the Director of Finance <br />are authorized and directed to execute, acknowledge and deliver, in the name and on behalf of the <br />Issuer, the Agreement, the Indenture, the Bond Purchase Agreement (collectively, the "Basic <br />Documents"), in substantially the forms submitted to and now on file with the Issuer which are <br />hereby approved, with such changes therein not inconsistent with this Bond Legislation and not <br />substantially adverse to the Issuer as may be permitted by the Act and approved by the officers <br />executing the same on behalf of the Issuer. The approval of such changes by such officers, and that <br />such are not substantially adverse to the Issuer, shall be conclusively evidenced by the execution of <br />the Basic Documents by such officers. <br /> <br /> The Mayor, the Director of Finance, the Director of Law, the Clerk and other <br />appropriate officials of the Issuer are each separately authorized to take any and all actions and to <br />execute such financing statements, assignments, certificates and other instruments that may be <br />necessary or appropriate in the opinion of bond counsel, in order to effect the issuance of the Series <br />2000 Bonds, the financing of the Project and the intent of this Bond Legislation. The Clerk or other <br /> <br /> <br />
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