04-14-2021 Council Packet - Laserfiche WebLink

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13068670v2 B-1 EXHIBIT B DRAW REQUEST To: U.S. Bank National Association, as trustee 1. The undersigned Authorized Corporation Representative (the “Authorized Corporation Representative”) of New Harmony Care Center, Inc. (the “Corporation”) hereby authorizes and requests the above-referenced trustee (the “Trustee”) to disburse $___________ from the Project Fund (the “Project Fund”) held by the Trustee, pursuant to the Trust Indenture, dated as of May 1, 2021, (the “Indenture”), from City of Little Canada, Minnesota (the “Issuer”) to the Trustee, in order to (i) reimburse the Corporation for certain expenditures paid by the Corporation prior to the issuance of the Series 2021D Bonds described in the Indenture (the “Bonds”) pursuant to the Indenture, or (ii) pay designated parties for expenditures by the Corporation paid after the issuance of the Bonds, all as more specifically described in the attachments hereto. 2. The Authorized Corporation Representative further certifies, pursuant to Section 4.04 of the Indenture, that (i) none of the items for which reimbursement or payment is sought has formed the basis for any payment heretofore made from the Project Fund, and (ii) each item for which reimbursement or payment is sought is or was necessary in connection with the Project. Answer Items 3 And 4 Only If Applying For Reimbursement Of Expenditures Paid Before Bond Closing. 3. With respect to reimbursement of expenditures incurred and paid prior to the issuance of the Bonds, the Authorized Corporation Representative further certifies, pursuant to Section 1.1502 (the “Regulations”) of the Income Tax Regulations under the Internal Revenue Code of 1986, as amended (the “Code”), that: (a) De minimis Expenditures. The expenditure for which reimbursement is hereby sought is/is not (circle one) a de minimis expenditure as defined and within the permitted limit described in paragraph (f)(1) of the Regulations (lesser of $100,000 or 5% of the proceeds). (b) Preliminary Expenditures. The expenditure for which reimbursement is hereby sought is/is not (circle one) a Preliminary Expenditure (as defined and within the permitted limit described in paragraph (f)(2) of the Regulations). If the expenditure is described under (a) or (b), go to question 4 below. (c) Declaration of Official Intent. The expenditure for which reimbursement is hereby sought is not described under (a) or (b) above. On __________, a date no later than 60 days after payment of the expenditure for which reimbursement is hereby sought, the Corporation made a written declaration of official intent, stating that: (i) the Corporation reasonably expects to reimburse the expenditure with the Bond proceeds; (ii) a general description of the project for which reimbursement is sought or an identification by name and functional purpose of the fund or account from which the expenditure is to be paid; and (iii) the maximum principal amount of Bonds expected to be issued for the project.