1. MIDA Bond Sisters of Presentation
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1. MIDA Bond Sisters of Presentation
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<br />(n) the Corporation will incur within six months a binding obligation to expend <br />an amount at least equal to five percent (5%) of the net sale proceeds of the Bonds on the <br />Project; the Corporation will proceed with due diligence to acquire and renovate the Project; <br />and the Corporation reasonably expects at least eighty-five percent (85%) of the proceeds <br />of the Bonds to be spent for costs of the Facilities within three years from the date thereof; <br /> <br />(0) the Corporation will maintain its status as an organization described in <br />Section 501 (c )(3) of the Code and its exemption from federal income taxation under Section <br />501 (a) of the Code; <br /> <br />(p) the Corporation will not otherwise use Bond proceeds, including earnings <br />thereon. or take, or permit or cause to be taken, any action that \vould adversely affect the <br />exemption from federal income taxation ofthe interest on the Bonds, nor otherwise omit to <br />take or cause to be taken any action necessary to maintain such tax-exempt status; and, if it <br />should take or permit, or omit to take or cause to be taken, as appropriate, any such action, <br />the Corporation shall take all lawful actions necessary to rescind or correct such actions or <br />omissions promptly upon having knowledge thereof. <br /> <br />SECTION 7.11. REDEMPTION OF BONDS. The Issuer, at the request at any time of the <br />Corporation and if the Bonds are then callable, shall forthwith take all steps that may be necessary <br />under the applicable redemption provisions of the Resolution to effect redemption of all or part of <br />the then Outstanding Bonds, as may be specified by the Corporation, on the earliest redemption date <br />on which such redemption may be made under such applicable provisions, provided that the <br />Corporation shall have made available funds in adequate amount therefor or shall have made <br />arrangements satisfactory to the Lender therefor. <br /> <br />SECTION 7.12. To OBSERVE LA "'S, ORDINANCES AND REGllLA TIONS. The Corporation <br />will observe all applicable laws, regulations, ordinances and orders of the United States, State of <br />North Dakota and agencies and political subdivisions thereof and each department or agency thereot: <br />applicable to the Corporation, its business and prope11y. The Corporation shall have the right to <br />contest by appropriate procedures the adoption, validity or applicability of any laws, regulations, <br />ordinances and orders referred to in this Section. <br /> <br />SECTION 7.13. RECORDING AND FILING FEES. The Corporation shall pay all recording, <br />filing and registration taxes and fees, together with all expenses incidental to the preparation, <br />execution, acknowledgment and filing of any notice pursuant to the Uniform Commercial Code and <br />of any instrument offurthcr assurance, including any filing or instrument required of the Issuer, and <br />all taxes. duties imposts, assessments and charges lav,:fully imposed upon the Bonds or upon the <br />Resolution or this Loan Agreement. <br /> <br />SECTION 7.14. FINANCIAL COVENANTS. The Corporation covenants and agrees that so <br />long as the Bonds are Outstanding, it shall maintain unencumbered and unrestricted investment <br />assets having a book value of not less than 115% of the outstanding principal amount of the Bonds, <br />determined in accordance with generally accepted accounting principles. <br /> <br />7-6 <br />
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