1. MIDA Bond Oak Grove Lutheran School
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1. MIDA Bond Oak Grove Lutheran School
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<br />\a) the Corporation will fulfill all conditions specified in Section 145 of the <br /> <br />Code; <br /> <br />(b) the Corporation will not use (or permit to be used) the Facilities or use or <br />invest (or permit to be used or invested) the proceeds of the Bonds or any other sums treated <br />as "bond proceeds" under Section 148 of the Code ineluding "investment proceeds," <br />"invested sinking funds" and "replacement proceeds," in such a manner as to cause the <br />Bonds to be classified "arbitrage bonds" under Section 148(a) of the Code or "federally <br />guaranteed obligations" within the meaning of Section 149(b) of the Code; <br /> <br />(e) substantially all (95%) of the net proeeeds of the Bonds wilI be used to pay <br />Qualified Project Costs; <br /> <br />(d) the Corporation will, at all times during the term ofthis Loan Agreement own <br />the Facilities as ownership is determined for federal income tax purposes and the <br />Corporation shall remain a nonprofit corporation described in Section 50 I (c )(3) of the Code <br />and exempt from federal income taxes under Section 50 I (a) of the Code or any predecessor <br />or successor provisions of similar import heretofore or hereafter enacted; <br /> <br />(e) no more than 3% of the proceeds of the Bonds will be in the aggregate be <br />used to finance or refinance properties used or to be used in an unrelated trade or business <br />of the Corporation within the meaning of Seetion 513(a) of the Code or used directly or <br />indirectly in any trade or business carried on by an entity that is not an exempt organization <br />under Section 50 I (e )(3) of the Code or a governmental unit; <br /> <br />(j) no portion of the Bond proceeds will be used to provide any airplane, sky <br />box, or other private luxury box, any faeility primarily used for gambling, or any store the <br />principal business of which is the sale of alcoholic beverages for consumption off premises, <br />all within the meaning of Section 147(e) of the Code; <br /> <br />(g) the average maturity of the Bonds does not exceed 120% of the average <br />reasonably expected economic life of the Faeilities within the meaning ofSeetion 147(b) of <br />the Code; <br /> <br />(h) the Corporation shall provide the Issuer with all information required to <br />satisfY the informational requirements set forth in Section 149( e) of tlle Code including the <br />information necessary to complete IRS Form 8038; <br /> <br />(i) in order to qualifY the Bonds and this Loan Agreement under the "program <br />investments" provisions of Section 1.148-1 (b) ofthe Treasury Regulations, the Corporation <br />(and any "related person" thereto) will take no action the effect of which would be to <br />disqualifY this Loan Agreement as a "program investment" under said Section 1.148-1 (b), <br />including but not limited to entering into any arrangement, formal or informal, for the <br />Corporation to purchase bonds or notes of the Issuer in an amount related to the amount of <br />such series of Bonds; <br /> <br />7-4 <br />
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