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ERMU RES 16-7
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ERMU RES 16-7
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3/31/2017 12:05:51 PM
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3/31/2017 12:05:49 PM
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City Government
type
ERMUR
date
6/14/2016
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Holder of such Series 2016B Bond shall cease, and such Series 2016B Bond shall no longer be <br /> deemed to be Outstanding under this Resolution. The obligations with respect to any Series <br /> 2016B Bond which is due on any date may be discharged by depositing with the Registrar on or <br /> before that date a sum sufficient for the payment thereof in full; or, if any Series 2016B Bond <br /> should not be paid when due, it may nevertheless be discharged by depositing with the Registrar <br /> a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. <br /> The obligations with respect to any Series 2016B Bonds may also be discharged at any time, <br /> subject to the provisions of law now or hereafter authorizing and regulating such action, by <br /> depositing irrevocably in escrow, with the Registrar or any bank qualified by law as an escrow <br /> agent for this purpose, cash or Government Obligations which are authorized by law to be so <br /> deposited, bearing interest payable at such times and at such rates and maturing on such dates as <br /> shall be required to pay all principal, interest and redemption premiums to become due on the <br /> Series 2016B Bonds to their maturity and provided that such defeasance shall not impair the <br /> exemption of interest on any Series 2016B Bonds from federal income taxation. <br /> Section 17. Compliance With Reimbursement Bond Regulations. The provisions of <br /> this section are intended to establish and provide for the Commission's compliance with United <br /> States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to <br /> the "reimbursement proceeds" of the Series 2016B Bonds, being those portions thereof which <br /> will be used by the Commission to reimburse itself for any expenditure which the Commission <br /> paid or will have paid prior to the Closing Date (a"Reimbursement Expenditure"). <br /> The Commission hereby certifies and/or covenants as follows: <br /> (a) Not later than 60 days after the date of payment of a Reimbursement <br /> Expenditure, the City or the Commission (or person designated to do so on behalf of the <br /> City or the Commission) has made or will have made a written declaration of the <br /> Commission's official intent (a "Declaration") which effectively (i) states the <br /> Commission's reasonable expectation to reimburse itself for the payment of the <br /> Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a <br /> general and functional description of the property, project or program to which the <br /> Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a <br /> specific fund or account of the Commission and the general functional purpose thereof <br /> from which the Reimbursement Expenditure was to be paid (collectively the "Project"); <br /> and (iii) states the maximum principal amount of debt expected to be issued by the <br /> Commission for the purpose of financing the Project; provided, however, that no such <br /> Declaration shall necessarily have been made with respect to: (i) "preliminary <br /> expenditures" for the Project, defined in the Reimbursement Regulations to include <br /> engineering or architectural, surveying and soil testing expenses and similar prefatory <br /> costs, which in the aggregate do not exceed 20% of the "issue price" of the Series 2016B <br /> Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the <br /> lesser of$100,000 or 5% of the proceeds of the Series 2016B Bonds. <br /> (b) Each Reimbursement Expenditure is a capital expenditure or a cost of <br /> issuance of the Series 2016B Bonds or any of the other types of expenditures described in <br /> Section 1.150-2(d)(3) of the Reimbursement Regulations. <br /> 18 <br /> 479283v3 JSB EL185-42 <br />
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