1. MIDA Bond-Bethany on 42nd
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1. MIDA Bond-Bethany on 42nd
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4/16/2008 10:43:45 AM
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<br />holder at his option. For purposes of determining whether any balance in a Fund may only be <br />invested at a restricted yield to comply with Section 148 of the Code and the federal arbitrage <br />regulations, any investments in the Fund shall be valued at the lesser of the price (less accrued <br />interest) at which they were purchased or the market price at the time of investment. <br /> <br />SECTION 6.9. COMPLETION OF THE PROJECT. The completion of the Project and payment <br />of all costs and expenses incident thereto shall be evidenced by the filing with the Trustee of a <br />certificate signed by the authorized Company Representative in accordance with Section 3.04 of the <br />Loan Agreement, stating that all obligations and costs in connection with the construction of the <br />Project and payable out of the Project Fund have been paid and discharged except for amounts <br />retained by the Trustee for the payment of costs of the Project not then due and payable. As soon <br />as practicable after the certificate is filed with the Trustee, any balance remaining in the Project Fund <br />(other than the amounts retained by the Trustee referred to in the preceding sentence) shall be <br />deposited in the Bond Fund. <br /> <br />(Remainder of this page intentionally left blank.) <br /> <br />6-4 <br />
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