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7.5. SR 03-15-2010
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7.5. SR 03-15-2010
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Section 7. Tax Covenant, <br />7,01, Tax~Exempt~Bonds. The City covenants and agrees with the holders from time to <br />time of the Bonds that it will not tape or permit to be taken by any of its officers, employees or <br />agents any action which would cause the interest on the Bonds to become subject to taxation <br />under the Internal Revenue Code of 198G, as amended the "Code"}, and the Treasury <br />Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or <br />cause its officers, employees or agents to take, all affirmative action within its power that maybe <br />necessary to ensure that such interest will not become subject to taxation under the Code and <br />applicable Treasury Regulations, as presently existing or as hereafter amended and made <br />applicable to the Bonds, <br />7,02, Rebate, The City will comply with requirements necessary under the Code to <br />establish and maintain the exclusion from gross income of the interest an the Bonds under <br />Section 103 of the Code, including without limitation requirements relating to temporary periods <br />for investments and limitations on amounts invested at a yield greater than the yield on the <br />Bonds, <br />7,03, Not Private Activity ~on~s, The City further covenants not to use the proceeds of <br />the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the <br />Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of <br />the Code. <br />7,04, ,Qualified TaxwExempt Ubli~ations, In order to qualify the Bonds as "qualified <br />tax-exempt obligations" within the meaning of Section 265~b}~3} of the Code, the City mares the <br />following factual statements and representations; <br />Code; <br />~a} the Bonds are not "private activity bonds" as defined in Section 141 of the <br />fib} the City hereby designates the Bonds as "qualified tax~exempt <br />obligations" for purposes of Section 265~b}~3} of the Code; <br />~c} the reasonably anticipated amount of tax~exempt obligations bother than <br />private activity bonds, that are not qualified 501 ~c}~3}bonds} which will be issued by the <br />City (and all subordinate entities of the City} during calendar year 2010 will not exceed <br />$30,000,000; and <br />(d} not more than $30,000,000 of obligations issued by the City during <br />calendar year 2010 have been designated for purposes of Section 265~b}(3} of the Code, <br />3GS12Svl 1SB E1~18S-11 ~ 7 <br />
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