1. MIDA Bond Oak Grove Lutheran School
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1. MIDA Bond Oak Grove Lutheran School
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<br />SECTION 7.07. TAX-ExEMPT STATUS OF BONDS. It is the intention of the parties hereto <br />that the interest paid on the Bonds will not be included in the gross income of the Bondholders by <br />reason of Section 103(a) of the Internal Revenue Code. In order to confirn1 and carry out such <br />intention the Corporation shall (i) provide such certifieates, opinions of counsel, and other evidenee <br />as may be necessary or requested by the Issuer or the Lender to establish the exemption of the Bonds <br />under Section 145 of the Code and the absence of arbitrage expectation under Section 148 of the <br />Code, and (ii) file such information and statements, acting alone or with the Issuer, with the Internal <br />Revenue Service. <br /> <br />SECTION 7.08.No WARRANTY OF CONDITION OR SUITABILITY BY THE ISSUER. The <br />Corporation recognizes that the Plans and specifications for the Project have been prepared to its <br />order, and since the Project is being constructed and equipped by contractors and suppliers selected <br />by the Corporation, the Issuer has not made an inspeetion of the Facilities or of any fixture or other <br />item constituting a portion thereof, and the Issuer makes no warranty or representation, express or <br />implied or otherwise, with respect to the same or the location, use, description, design, <br />merchantability, fitness for use for any particular purpose, condition, or durability thereof, or as to <br />the quality of the material or workmanship therein, or as to the title thereto or ownership thereof or <br />otherwise, it being agreed that the Issuer bears none of the risks incident thereto, in the event of any <br />defect or item constituting a portion thereof, whether patent or latent, the Issuer shall have no <br />responsibility or liability with respect thereto. The provisions of this Section 7.08 have been <br />negotiated and are intended to be a complete exclusion and negation of any warranties or <br />representations by the Issuer, express or implied, with respect to the Facilities or any fixture or other <br />item constituting a portion thereof, whether arising pursuant to the Uniform Commercial Code or <br />another law now or hereafter in effect or otherwise. <br /> <br />SECTION 7.09, OPERATION OF FACILITIES. The Corporation will operate or cause the <br />Facilities to be maintained as School facilities and will not change the use of the Facilities without <br />the prior written consent ofthe Lender and the Issuer and a written opinion from Bond Counsel that <br />such change in use will not affect the tax-exempt status of the Bonds. <br /> <br />The Corporation will use its best efforts to fix, charge, and collect, or cause to be fixed, <br />charged, and collected, subject to applicable requirements or restrictions imposed by law, such rents, <br />fees, and charges for the use of and for the services furnished or to be furnished by the Facilities as, <br />together with all other reeeipts and revenues of the Corporation will be suffieient in each Fiscal Year <br />to produce revenues equal to or in excess of one hundred percent (100%) of the principal and <br />interest payable on the Bonds in such fiscal Y ear (except to the extent sueh principal and interest <br />payments are expected to be paid with other funds held by the Lender for such purpose). <br /> <br />SECTION 7.10. CORPORATION'S ASSURANCE OF TAX EXEMPTION. The Corporation <br />represents that it understands that it is intended that interest on the Bonds not be included within the <br />gross income of the owners thereof for federal income tax purposes. In furtherance thereof, the <br />Corporation represents and covenants with the Issuer, the Lender and all Bondholders that it will <br />take all actions (and refrain from taking any actions) which are necessary in order for interest on the <br />Bonds to be excluded from gross income of the owners thereof for federal income taxation and, in <br />addition, comply with the applicable provisions of the Code as follows: <br /> <br />7-3 <br />
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