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projects financed therexvith are so used, such amounts, xvhether or not received by the Issuer, xvith respect <br />to such private 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 service on the <br />Bonds, in contravention of Section 141(b)(2) of the Code; <br /> <br /> (b) to take any action to assure that in the event that the "private business use" described in <br />Subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds or the projects financed therexvith (less <br />amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private <br />business use" xvhich is "related" and not "disproportionate," xvithin the meaning of Section 141(b)(3) of the <br />Code, to the governmental use; <br /> <br /> (c) to take any action to assure that no amount xvhich is greater than the lesser of $5,000,000, or 5 <br />percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or <br />indirectly used to finance loans to persons, other than state or local govemmental units, in contravention of <br />Section 141(c) of the Code; <br /> <br /> (d) to refrain from taking any action xvhich xvould otherxvise result in the Bonds being treated as <br />"private activity bonds" xvithin the meaning of Section 141(b) of the Code; <br /> <br /> (e) to refrain from taking any action that xvould result in the Bonds being "federally guaranteed" <br />xvithin the meaning of Section 149(b) of the Code; <br /> <br /> (f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire <br />or to replace funds xvhich xvere used, directly or indirectly, to acquire investment property (as defined in <br />Section 148(b)(2) of the Code) xvhich produces a materially higher yield over the term of the Bonds, other <br />than investment property acquired xvith -- <br /> <br /> (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less or, <br />in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the <br />purpose for xvhich the Bonds are issued, <br /> <br /> (2) amounts invested in a bona fide debt service fund, xvithin the meaning of Section 1.148- <br />l(b) of the Treasury Regulations, and <br /> <br /> (3) amounts deposited in any reasonably required reserve or replacement fund to the extent <br />such amounts do not exceed 10 percent of the proceeds of the Bonds; <br /> <br /> (g) to otherxvise resthct the use of the proceeds of the Bonds or amounts treated as proceeds of the <br />Bonds, as may be necessary, so that the Bonds do not otherxvise contravene the requirements of Section 148 <br />of the Code (relating to arbitrage) and, to the extent applicable, Section 149(d) of the Code (relating to <br />advance refundings); and <br /> <br /> (h) to pay to the United States of America at least once during each five-year period (beginning on <br />the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Eamings," <br />xvithin the meaning of Section 148(f) of the Code and to pay to the United States of America, not later than <br />60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result <br /> <br />21 <br /> <br /> <br />