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1983 022 Ordinance
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1983 022 Ordinance
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Last modified
11/19/2018 3:50:06 PM
Creation date
7/26/2018 4:23:53 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
022
Date
12/19/1983
Year
1983
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, <br />' "Bond Legislation" means this Ordinance as amended or supplemented <br />from time to time. <br />"Bond service charges" for any period of time means the principal of <br />and premium, if any, and interest required to be paid by the Issuer on the <br />Bond for such time period. I <br />"Code" means the Internal Revenue Code of 1954, as amended from time <br />to time. References to the Code and Sections of the Code include relevant <br />applicable regulations and proposed regulations thereunder and any successor <br />provisions to such Sections, regulations or proposed regulations. <br />"Company" means Mayfran International, Incorporated, a corporation <br />for profit duly organized and validly existing under the laws of the State of <br />Delaware and qualified to do business in the State, and its lawful successors <br />and assigns to the extent permitted by the Agreement. <br />"Determination of Taxability" means (a) the determination in good <br />faith by the Holder that all or any portion of the interest on the Bond is <br />includable in the gross income of the Holder for federal or Ohio state income <br />tax purposes (other than by virtue of the fact that the Holder is a <br />"substantial user" of the Project or a"related person", as such terms are <br />defined in Section 103(b)(13) of the Code) based upon an opinion of <br />independent counsel to the Holder that the Holder may not reasonably exclude <br />or was not reasonable in excluding such income f rom the gross income of the <br />Holder for federal or Ohio state income tax purposes; or (b) receipt by the <br />Holder of a ruling or technical advice by the Internal Revenue Service to the <br />effect that all or any portion of the interest o,n the Project Bond is <br />includable in the gross income of the Holder for federal income tax purposes <br />(other than by virtue of the fact that the Holder is a"substantial user" of <br />the Project or a"related person", as such terms are defined in Section <br />103(b)(13) of the Code). <br />"Eligible Investments" means (i) obligations issued or guaranteed as <br />to the full and timely payment by the United States of America or by any per- <br />son controlled or supervised by or acting as an instrumentality of the Un.ited <br />States of America pursuant to authority granted by Congress; (ii) obligations <br />issued or guaranteed by any state or political subdivision thereof which <br />obligations are rated in the highest category if rated as short term obl'_ga- <br />. tions or not lower than the third highest categor_y if rated as long term obli- <br />_ gations by Moody's Investors Service, Inc. or byv-_Standard & Poor's Corpora- <br />tion, each of New York, New York, or their successors; (iii) commercial ur <br />finance paper, including that of affiliates of ttie Holder, which is rated;in <br />the highest rating category by a nationally recognized rating agency; (iv) in- <br />terest bearing deposit accounts (which may be represented by bankers' accep- <br />tances, certificates of deposit or bearer deposit notes) in one or more banks, <br />trust companies or savings and loan associations, including the Aolder or any <br />bank affiliated with the Holder organized under the laws of Canada, the United <br />States of America or any state thereof, each having a reported capital and <br />surplus of at least $25,000,000 in dollars of the United States of America; <br />and (v) repurchase agreements fully secured by obligations of the type speci- <br />2
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