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92-046 Ordinance
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92-046 Ordinance
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North Olmsted Legislation
Legislation Number
92-046
Year
1992
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obligations of the Issuer and the Bond Service Charges thereon shall be payable solely from the <br />Revenues, (ii) the payment of the Bond Sen+ice Charges on the Series 1992 Bonds shall be <br />secured by the assignment of and the grant of a security interest in the Revenues and by the <br />Indenture, and (iii) payments due on the Series 1992 Bonds also shall be secured by the Series <br />1992 Note delivered by the Borrower to the Trustee pursuant to the Agreement. The Series 1992 <br />Bonds shall also be secured by the Guaranty. <br />Notwithstanding anything to the contrary in the Bond Legisladon, any of the Series <br />1992 Bonds, or the Indenture, the Series 1992 Bonds do not and shall not represent or constitute <br />a debt or pledge of the faith and credit or the taxing power of the Issuer or of the State or any <br />polidcal subdivision, municipality or other local agency thereof. <br />Section 8. Federal Tax Election. This Legislative Authority hereby elects to have <br />the $10 million limitadon specified in Section 144(a)(4) of the Code applied to the Series 1992 <br />Bonds. <br />Section 9. Public Hearing on Project and Prior Issue. This Legislative Authority, <br />following publication of notice, held a public hearing on December 20, 1983 pursuant to and in <br />compliance with, Section 103(k) of the Code (predecessor to Section 147(f)) respecting the <br />Project and the Prior Issue. <br />Section 10. Covenants and Agreements of Issuer. In addition to the other <br />covenants and agreements of the Issuer in this Bond Legislation and the Indenture, the Issuer <br />covenants and agrees that: <br />(a) Arbitrage Provisions and Issuer Informadon Return. The Issuer will <br />restrict the use of the proceeds of the Series 1992 Bonds in such manner and to such extent as <br />may be necessary so that the Series 1992 Bonds will not constitute arbitrage bonds under Section <br />148 of the Code or its predecessor, to the extent applicable. The Executive or Fiscal Officer, <br />or any other officer having responsibility for the issuance of the Series 1992 Bonds, alone or in <br />conjunction with the Borrower or any officer, employee, agent of or consultant to the Borrower <br />shall give: <br />(i) an appropriate certificate of the Issuer for inclusion in the transcript of <br />proceedings for the Series 1992 Bonds setting forth the reasonable expectations <br />of the Issuer regarding the amount and' use of all of the proceeds of the Series <br />1992 Bonds, the facts, estimates and circumstances on which they are based and <br />other facts and circumstances relevant to the tax treatment of interest on the Series <br />1992 Bonds, as provided by the Bonower, all as of the date of delivery of and <br />payment for the Series 1992 Bonds; and <br />(u) the statement setting forth the information required by Secdon 149(e) <br />of the Code, which shall be based on the relevant information provided by the <br />Bonower. <br />-7-
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