05-B Arbitrage Rebate Contract - Laserfiche WebLink

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AGREEMENT FOR ARBITRAGE REBATE COMPLIANCE SERVICES BETWEEN CITI' OF PARIS, TEXAS (Hereinafter Referred to as the "Issuer") AND FIRST SOUTHWEST ASSET MANAGEMENT, INC. (Hereinafter Referred to as "First SouthwesN") It is understood and agreed that the Issuer, in connecrion with the sale and delivery of certain bonds, notes, certificates, or other tax-exempt obligations (the `Bonds"), will have the need to determine to what extent, if any, it will be required to rebate certain investment eamiags (the aznount of such rebate being referred to herein as the `:9rbitrage Amount') from the proceeds of the Bonds to the United States of America pursuant to the provisions of Section 148(f)(2) of the Intemal Revenue Code of 1986, as amended (the "Code"). For purposes of this Agreement, the term "Arbicrage AmounY" includes paymen[s made under the election to pay penalty in lieu of rebate for a qualified cons7uction issue under Section 148(f)(4) of the Code. We aze pleased to submit the following proposal for consideration; and if the proposal is accepted by the Issuer, it shall become the agreement (the "AgreemenP") between the Issuer and First Southwest effective at the date of its acceptance as provided for herein below. This Agreement shall apply to all issues of tax-exempt Bonds delivered subsequent to the effecrive date of the rebate requirements under the Code, except for (i) issues which qualify for exceptions [o [he reba[e requirements in accordance with Section 148 of the Code and related Treasury regulations, or (ii) issues excluded by Ihe Issuer in writing in accordance with the further provisions hereof. Covenants of First Southwest 2. We agree [o provide our professiona( services in determining the Arbitrage Amount with regard to the Bonds. The Issuer will assume and pay the fee of Fust Southwest as such fee is set out in Appendix A attached hereto. First Southwest shall not be responsible for any extraordinary expenses incurred on behalf of Issuer.in connection with providing such pmfessional services, including any costs incident to li[iga[ion, mandamus ac[ion, test case or other similar legal actiocvs. 3. We agree to perform the following du[ies in connection with providing arbitcage rebate compliance services: a. To cooperate fully with the Issuer in reviewing the schedule of investments made by the Issuer with (i) proceeds from the Bonda, and (ii) proceeds of other funds of the Issuer which, under Treasury Regulations Sec[ion 1.148, or any successor regulations thereto, are subject to the rebate requirements of the Code; b. To perform, or cause to be performed, consistent with the Code aud the regulations promulgated thereunder, calculations to determine the Arbitrage Amount under Section 148(fl(2) of the Code; and C. To provide a.repoR to the Issuer specifying [he Arbitrage Amount based upon the investment schedule, the calculations of bond yield and investmen[ yield, and other information deemed relevant by Firs[ Southwest. In undertaking to provide the services set forth in paragraph 2 and this paragraph 3, Firs[ Southwest does not assume any responsibility for any record retention requirements which the Issuer may have under the Code or other applicable laws, it being understood that the Issuer shall remain responsible for compliance with any such record retention requirements. EXHIBIT g J