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85-085 RES
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85-085 RES
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Last modified
12/3/2007 2:39:07 PM
Creation date
8/4/2005 10:45:16 AM
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City Government
type
RES
date
12/16/1985
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<br />. <br /> <br />. <br /> <br />its successor Holders of the Bond and shall be enforceable by the <br />Bank or any Holder in a proceeding brought for that purpose, <br />except that the City shall incur no pecuniary liability to the <br />Bank or any Holder by reason hereof. <br /> <br />14. Definitions and Interpretation. Terms not other- <br />wise defined in this Bond Resolution but defined in the Loan <br />Agreement shall have the same meanings in this Bond Resolution <br />and shall be interpreted herein as provided therein. Notices may <br />be given as provided in Section 9.01 of the Loan Agreement. In <br />case any provision of this Bond Resolution is for any reason <br />illegal or invalid or inoperable, such illegality or invalidity <br />or inoperability shall not affect the remaining provisions of <br />this Bond Resolution, which shall be construed or enforced as if <br />such illegal or invalid or inoperable provision were not con- <br />tained herein. <br /> <br />15. Election Under Internal Revenue Code. The City <br />hereby elects that the provisions of Section 103(b)(6)(D) of the <br />Internal Revenue Code of 1954 and Reg. sl.103-10(b)(2)(vi) there- <br />under, permitting the issuance of tax exempt industrial develop- <br />ment bonds in amounts up to $10,000,000 under certain ~onditions, <br />shall apply to the Bond, and the Mayor and City Clerk-Administrator <br />or either of them are authorized to execute and file the appro- <br />priate form of election under the Code and Regulations with the <br />Internal Revenue Service. <br /> <br />16. Certifications. The Mayor, the City Clerk-Adminis- <br />trator and other officers of the City are authorized and directed <br />to prepare and furnish to Faegre & Benson, bond counsel, to the <br />Partnership, to the Bank and to counsel for the Partnership and <br />the Bank, certified copies of all proceedings and records of the <br />City relating to the Project and the Bond, and such other affidavits <br />and certificates as may be required to show the facts appearing <br />from the books and records in the officers' custody and control <br />or as otherwise known to them; and all such certified copies, <br />certificates and affidavits, including any heretofore furnished, <br />shall constitute representations of the City as to the truth of <br />all statements contained therein. <br /> <br />Sign€L~ <br /> <br />ayor <br /> <br />Attest: <br /> <br /> <br />~Z~ <br /> <br />. (Seal) <br /> <br />-7- <br />
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