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05-13-2020 Council Packet
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05-13-2020 Council Packet
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12316306v3 <br />B-1 <br />EXHIBIT B <br />DRAW REQUEST <br />To:U.S. Bank National Association, as trustee <br />1.The undersigned Authorized Borrower Representative (the "Authorized Borrower <br />Representative") of Presbyterian Homes Care Centers, Inc., a Minnesota nonprofit corporation <br />(the "Borrower") hereby authorizes and requests the above-referenced trustee (the "Trustee") to <br />disburse $______________ from the [2018][2020] [Project Account] [Cost of Issuance Account] <br />held by the Trustee, pursuant to the Trust Indenture dated as of May 1, 2020, (the "Indenture"), <br />between the City of Little Canada, Minnesota (the "Issuer") to the Trustee, to the disbursing <br />agent in order for the disbursing agent to (i) reimburse the Borrower for certain expenditures <br />with respect to the 2020 Project, from the 2020 Project Account only, paid by the Borrower prior <br />to the issuance of the Series 2020 Bonds described in the Indenture (the "Bonds") pursuant to the <br />Indenture, or (ii) pay designated parties for expenditures by the Borrower paid after the issuance <br />of the Bonds, all as more specifically described in the attachments hereto. The disbursing agent <br />shall pay such amounts in accordance with the provisions of the Disbursing Agreement (as <br />defined in the Trust Indenture). <br />2.The Authorized Borrower Representative further certifies, pursuant to <br />Section 4.04 of the Indenture, that (i) none of the items for which reimbursement or payment is <br />sought has formed the basis for any payment heretofore made from the Project Fund, and <br />(ii) each item for which reimbursement or payment is sought is or was necessary in connection <br />with the Project. <br />Answer Items 3 And 4 Only If Applying For Reimbursement Of <br />Expenditures Paid Before Bond Closing. <br />3.With respect to reimbursement of expenditures related to the 2020 Project <br />incurred and paid prior to the issuance of the Bonds, the Authorized Borrower Representative <br />further certifies, pursuant to Section 1.150-2 (the "Regulations") of the Income Tax Regulations <br />under the Internal Revenue Code of 1986, as amended (the "Code"), that: <br />(a)De minimis Expenditures. The expenditure for which reimbursement is hereby <br />sought is/is not (circle one) a de minimis expenditure as defined and within the permitted limit <br />described in paragraph (f)(1) of the Regulations (lesser of $100,000 or 5% of the proceeds). <br />(b)Preliminary Expenditures. The expenditure for which reimbursement is hereby <br />sought is/is not (circle one) a Preliminary Expenditure (as defined and within the permitted limit <br />described in paragraph (f)(2) of the Regulations). <br />If the expenditure is described under (a) or (b), go to question 4 below. <br />(c)Declaration of Official Intent. The expenditure for which reimbursement is <br />hereby sought is not described under (a) or (b) above. On _______________, a date no later <br />than 60 days after payment of the expenditure for which reimbursement is hereby sought, the <br />Borrower made a written declaration of official intent, stating that: (i) the Borrower reasonably
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