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 />in the amounts required by said Section 148(t) and regulations thereunder not later than sixty (60) <br />days after each installment computation date and not later than sixty (60) days after the final <br />computation date. In construing this Section 7.3 all terms used in this Section shall have the <br />meanings provided in Section 1 48(t) of the Code and regulations thereunder. Notwithstanding any <br />other provision of this Section 7.3, any requirement imposed hereunder may be deemed inapplicable <br />and of no force or effect if an opinion of Bond Counsel is rendered to the Trustee to the effect that <br />the failure to impose such requirement will not adversely effect the tax-exempt status of interest on <br />the Bonds. <br /> <br />In order to comply with the provisions ofthis Section 7.3 or Section 148(t) ofthe Code, the <br />Trustee is hereby authorized to obtain such opinions of Counsel, reports of accountants and <br />certificates of the Company as may be necessary for the purpose and any expenses thereof shall be <br />borne by the Company. The Trustee is also authorized to establish a rebate fund hereunder in order <br />to maintain funds for the purpose of making any payment required under this Section 7.3. <br /> <br />SECTION 7.4. SECURITIES ADVICE WAIVER. The Issuer acknowledges that regulations of <br />the Comptroller of the Currency grant the Issuer the right to receive brokerage confirmations of the <br />security transactions as they occur. The Issuer specifically waives such notification to the extent <br />permitted by law and acknowledges that the Company will receive periodic cash transaction <br />statements which will detail all investment transactions. <br /> <br />(Remainder of this page intentionally left blank.) <br /> <br />7-2 <br />
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