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Conditions Related To Tax- EM_mnt Status <br />the City's bond counsel must prepare a written opinion that states that the interest on the <br />Obligations is excludable from gross income or is exempt from federal income taxation. <br />Bond counsel may rely on covenants and representations of the City when rendering this <br />opinion; <br />15. <br />16. the City's bond counsel opinion must n covenants and representations of the City <br />activity bonds." Bond counsel may Y <br />when rendering this opinion; <br />17. the Obligations must include a provision prohibiting the City from using the proceeds of <br />this loan in a manner that would cause the Obligations to become "private activity bonds" <br />within the meaning of § 141 of the Internal Re venue Code of 1986, as amended (Code) <br />and the Treasury Regulations promulgated (Regulations); be used, <br />18. the Obligations must provide that no portion ldf ��er�e Obl Obligations to be�`arb � Se <br />directly or indirectly, in a manner that <br />bonds" within the meaning of § 148(a) of the Code and Regulations, including to acquire <br />or to replace funds which were used, directly or indirectly, to acquire Nonpurpose <br />Investments (as defined in the Code and Regulations) which produce a yield materially <br />higher than the yield on the TWDB's bonds that are issued to provide financing for the <br />loan (Source Series Bonds), other than Nonpurpose Investments acquired with: <br />a, proceeds of the TWDB's Source Series Bonds invested for a reasonable <br />temporary period of up to three (3) years after the issue date of the Source Series <br />Bonds until such proceeds are needed for the facilities to be financed; <br />b. amounts invested in a bona fide debt service fund, within the meaning of § 1.148 - <br />1(b) of the Regulations; and <br />C. amounts deposited in any reasonablY required reserve or replacement fund to the <br />extent such amounts do not exceed the least of maximum annual debt service on <br />the Obligations, 125% of average annual debt service on the Obligations, or 10 <br />percent of the stated principal amount (or, in the case of a discount, the issue <br />price) of the Obligations; <br />19. the Obligations must include a provision requiring the City take all necessary steps to <br />comply with the requirement that certain amounts earned on the investment of gross <br />proceeds of the Obligations be rebated to the federal government in order to satisfy the <br />requirements of § 148 of the Code. The Obligations must provide that the City will: <br />a. account for all Gross Proceeds, and defined in the Code and investments thereof) on its books not <br />(including all receipts, expenditures <br />account separately and apart from all other funds (and receipts, expenditures and <br />4 <br />TWDB Contract No. LF1000351 <br />Exhibit A, Page 5 of 9 <br />