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<br />23 <br />from time to time in effect with such reports and statements as may be prescribed by such Tax <br />Regulations. Following payment in full to the United States of America of all amounts due and <br />owing under this subsection (b) and under the Code, the Trustee shall withdraw from the Rebate <br />Fund and transfer to the Authority all amounts remaining on deposit in the Rebate Fund. <br /> <br />(c) Investment Transactions. The Authority shall assure that Excess Investment <br />Earnings are not paid or disbursed except as required in this Section 5.13. To that end the <br />Authority shall assure that investment transactions are on an arm’s-length basis. In the event that <br />Permitted Investments consist of certificates of deposit or investment contracts, investment in <br />such Permitted Investments shall be made in accordance with the procedures described in the <br />Tax Regulations. <br /> <br />(d) Maintenance of Records. The Authority shall keep, and retain for a period of six <br />(6) years following the retirement of the Bonds, records of the determinations made pursuant to <br />this Section 5.13. <br /> <br />(e) Engagement of Professional Services. In order to provide for the administration of <br />this Section 5.13, the Authority may provide for the employment of independent attorneys, <br />accountants and consultants compensated on such reasonable basis as the Authority may deem <br />appropriate. <br /> <br />(f) Modification of this Section. Any of the provisions of this Section 5.13 may be <br />amended, modified or deleted in any manner whatsoever in the event that the Authority shall <br />cause to be filed with the Trustee written directions making such amendment, modification or <br />deletion, which written directions are accompanied by an opinion of Bond Counsel stating that <br />such amendment, modification or deletion will not cause interest on the Bonds to be includable in <br />gross income of the Bondowners for federal income tax purposes. <br /> <br />Section 5.14. Books and Accounts; Financial Statements. The Authority shall keep <br />proper books of record and accounts, separate from all other records and accounts, in which <br />complete and correct entries shall be made of all transactions relating to the Installment Purchase <br />Contract. Said books shall, upon prior request, be subject to the inspection of the Trustee (who <br />shall have no duty to inspect) or the Owners of not less than ten percent (10%) of the Outstanding <br />Bonds, or their representatives authorized in writing, upon not less than two (2) Business Days’ <br />prior notice to the Authority. <br /> <br />The Authority shall cause its books and accounts to be audited annually by an <br />independent certified public accountant or firm of certified public accountants, not more than two <br />hundred and seventy (270) days after the close of each Fiscal Year, and shall make a copy of <br />such report available for inspection by the Bond Owners at the office of the Authority and at the <br />Principal Office of the Trustee. <br /> <br />The Trustee shall not be required to review, and shall not be deemed to have notice of, <br />the contents of the books and records of the Authority or any financial statement delivered to the <br />Trustee under this Section 5.14, it being expressly understood that the Trustee shall only receive <br />and hold such documents as repository for examination and copying by any Owner at such <br />Owner’s expense during business hours on Business Days. <br /> <br />Section 5.15. Installment Purchase Contract. The Trustee shall promptly collect all <br />amounts due from the City pursuant to the Installment Purchase Contract and, subject to the <br />provisions of Article VII, shall enforce, and take all steps, actions and proceedings which the <br />8.A. - Page 143 of 255 <br />771