1. MIDA Bond-Oak Grove School
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1. MIDA Bond-Oak Grove School
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<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 the Code including the <br />information necessary to complete Internal Revenue Service 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) of the 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 />the Bonds; <br /> <br />(j) the Issuance Expenses will not be financed by proceeds of the Bonds <br />(including earnings thereon) in excess of two percent (2%) of the proceeds of the Bonds, <br />within the meaning of Section 147(g) of the Code; <br /> <br />(k) no Bond proceeds or any sums treated as "bond proceeds" under Section 148 <br />of the Code shall be invested in investments which cause the Bonds to be federally <br />guaranteed within the meaning of Section 149(b) of the Code. If at any time these sums <br />exceed, within the meaning of Section 148, (i) amounts invested for an initial temporary <br />period until the moneys are needed for the purpose for which the Bonds are issued, (ii) <br />investments of a bona fide debt service fund, and (iii) investments of a reserve which meet <br />the requirement of Section 148( d) of the Code, such excess moneys shall be invested in only <br />those investments which are (A) obligations issued by the United States Treasury, (B) other <br />investments permitted under regulations, or (C) obligations which are (1) not issued by, or <br />guaranteed by, or insured by, the United States or any agency or instrumentality thereof or <br />(2) not federally insured deposits or accounts, all within the meaning of Section 149(b)(2) <br />of the Code; <br /> <br />(l) unless the Corporation receives an opinion of Bond Counsel that such <br />payments are not required, the Corporation on behalf of the Issuer shall pay the United <br />States, as a rebate, an amount equal to the sum of (i) the excess of the aggregate amount <br />earned on all nonpurpose obligations (other than investments attributable to an excess <br />described in this clause), over the amount which would have been earned if all nonpurpose <br />obligations were invested at a rate equal to the yield on the Bonds, plus (ii) any income <br />attributable to the excess described in clause (i), at the times and in the amounts required by <br />Sections 148(f)(2) and (3) of the Code, all within the meaning of Section 148(f) of the Code. <br />The Corporation and Lender shall maintain records of the interest rate borne by the Bonds <br />and the investments of the Accounts established in the Resolution and earnings thereon in <br />adequate detail to enable the Corporation to calculate the amount of any rebate required to <br />be made to the United States. The Corporation shall pay the rebate to the United States at <br />times and in installments which satisfy Section 148(f)(3) of the Code and the regulations, <br />within sixty (60) days after the fifth (5th) Bond Year and after each succeeding fifth (5Ih) <br /> <br />7-5 <br />
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