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(1) to take any action to assure that no more than 10 percent of the proceeds of the <br />Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business <br />use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds <br />or the projects financed by the bonds or the Refunded Obligations (the "Project") are so <br />used, such amounts, whether or not received by the Issuer, with respect to such private <br />business use, do not, under the terms of this Ordinance or any underlying arrangement, <br />directly or indirectly, secure or provide for the payment of more than 10 percent of the debt <br />service on the Bonds, in contravention of section 141(b)(2) of the Code; <br />(2) to take any action to assure that in the event that the "private business use" <br />described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the <br />projects financed therewith (less amounts deposited into a reserve fund, if any) then the <br />amount in excess of 5 percent is used for a"private business use" that is "related" and not <br />"disproportionate," within the meaning of section 141(b)(3) ofthe Code, to the governmental <br />use; <br />(3) to take any action to assure that no amount that is greater than the lesser of <br />$5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve <br />fund, if any) is directly or indirectly used to finance loans to persons, other than state or local <br />governmental units, in contravention of section 141(c) of the Code; <br />(4) to refrain from taking any action that would otherwise result in the Bonds being <br />treated as "private activity bonds" within the meaning of section 141(b) of the Code; <br />(5) to refrain from taking any action that would result in the Bonds being "federally <br />guaranteed" within the meaning of section 149(b) of the Code; <br />(6) to refrain from using any portion of the proceeds of the Bonds, directly or <br />indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire <br />investment property (as defined in section 148(b)(2) of the Code) that produces a materially <br />higher yield over the term of the Bonds, other than investment property acquired with - <br />(A) proceeds of the Bonds invested for a reasonable temporary period until <br />such proceeds are needed for the purpose for which the bonds are issued, <br />(B) amounts invested in a bona fide debt service fund, within the meaning <br />of section 1148-1(b) of the Treasury Regulations, and <br />(C) amounts deposited in any reasonably required reserve or replacement <br />fund to the extent such amounts do not exceed 10 percent of the proceeds of the <br />Bonds; <br />(7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as <br />proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene <br />the requirements of section 148 of the Code (relating to arbitrage) and, to the extent <br />applicable, section 149(d) of the Code (relating to advance refundings); and <br />17 <br />~~~C, 15 8 <br />