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Agmt15 City of RWC Public Financing Authority Water Revenue Refunding Bonds
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Agmt15 City of RWC Public Financing Authority Water Revenue Refunding Bonds
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Last modified
7/29/2015 1:24:41 PM
Creation date
7/29/2015 1:19:49 PM
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Agreement
Contractor Name
City of RWC Public Financing Authority
PROJECT NAME
City of RWC Public Financing Authority Water Revenue Refunding Bonds
RMP File Number
505
Date
5/1/2015
Reso Ref
15401, PFA 15-02
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Authority may at any time, or from time to time, pledge or encumber the Revenues in connection <br /> with the issuance or execution of Additional Bonds as permitted by Section 2.12 hereof. <br /> Section 5.07. Punctual Payment. The Authority shall punctually pay or cause to be <br /> paid the principal of and interest on all the Bonds, in strict conformity with the terms of the <br /> Bonds and of this Indenture, according to the true intent and meaning thereof, but only out of <br /> Revenues and other assets pledged for such payment as provided in this Indenture. <br /> Section 5.Q8. Extension of Payment of Bonds. The Authority shall not directly or <br /> indirectly extend or assent to the extension of the maturity of any �f the Bonds or the time of <br /> payment of any claims for interest by the purchase of such Bonds or by any other arrangement, <br /> and in case the maturity of any of the Bonds or the time of payment of any such claims for <br /> interest shall be extended, such Bonds or claims for interest shall not be entitled, in case of any <br /> default hereunder, to the benefits of this Indenture, except subject to the prior payment in full of <br /> the principal of all of the Bonds then Outstanding and of all claims for interest thereon which <br /> shall not have been so extended. Nothing in this Section 5.08 shall be deemed to limit the right <br /> of the Authority to issue Bonds for the purpose of refunding any Outstanding Bonds, and such <br /> issuance shall not be deemed to constitute an extension of maturity of the Bonds. <br /> Section 5.09. Tax Covenants. <br /> (a) Private Activitv Bond Limitation. The Authority will assure that the procesds of the <br /> Bonds are not so used as to cause the Bonds to satisfy the private business tests of section <br /> 141(b)of the Code or the private loan financing test of section 141(c) of the Code. <br /> (b) Federal Guarantee Prohibition. The Authority will not take any action or permit or <br /> suffer any action to be taken if the result of such action would be to cause any of the Bonds to <br /> be "federally guaranteed"within'the meaning of section 149(b) of the Code. <br /> (c) Rebate Requirement. The Authority will take any and all actions necessary to <br /> assure compliance with section 148(� of the Code, relating to the rebate of excess investment <br /> earnings, if any, to the federal government, to the extent that such section is applicable to the <br /> Bonds. <br /> (d) No Arbitraqe. The Authoriry will not take, or permit or suffer to be taken by the <br /> Trustee or otherwise, any action with respect to the proceeds of the Bonds which, if such action <br /> had been reasonably expected to have been taken, or had been deliberately and intentionally <br /> taken, on the date of issuance of the Bonds would have caused the Bonds to be "arbitrage <br /> bonds"within the meaning of section 148 of the Code. <br /> (e) Maintenance of Tax-Exemption. The Authority will take all actions necessary to <br /> assure the exclusion of interest on the Bonds from the gross income of the Owners of the Bonds <br /> to the same extent as such interest is permitted to be excluded from gross income under the <br /> Code as in effect on the date of issuance of the Bonds. <br /> (fl Record Retention. The Authoritv will retain its records of all accountinp and <br /> monitoring it carries out with respect to the Bonds for at least 3 years after the Bonds mature or <br /> are redeemed (whichever is earlier); however, if the Bonds are redeemed and refunded, the <br /> Authofity wilt retain its records of accounting and monitoring at least 3 years after the ea�lier of <br /> the maturity or redemption of the obligations that refunded the Bonds. <br /> 27 <br />
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