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12-19-2007 Council Agenda
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12-19-2007 Council Agenda
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$10,000,000 limitation of Section 265(b)(3) of the Code to be exceeded and such $10,000,000 <br />limitation would not have been exceeded by tax - exempt bonds issued by the City, except <br />"qualified 501(c)(3) bonds ", in 2007 (the "Nonqualified Bonds "), then the Borrower and other <br />501(c)(3) organizations ( "Other Charitable Issuers "), for which the City issued "qualified <br />501(c)(3) bonds" in 2007 (the "Other Qualified Bonds ") shall pay to the City annually its <br />proportionate share of the difference between the actual interest rate on the Nonqualitied Bonds <br />and the reasonably estimated interest rate on such bonds at the time of issuance if such bonds had <br />been a "qualified tax - exempt obligation ". The Borrower and Other Charitable Issuers shall pay <br />to the City their respective proportionate shares, which for the Borrower shall be the ratio of the <br />original aggregate principal amount of the Note to the sum of original aggregate principal <br />amount of the Other Qualified Bonds and the Note. Such payments shall be made by each one <br />year anniversary date of the issuance of the Nonqualitied Bonds based on the principal amount <br />of Nonqualified Bonds outstanding during such year. The City shall appoint a qualified financial <br />advisor to make the determination of the reasonably estimated interest rate and undertake the <br />calculations of amounts due from the Borrower and the Other Charitable Issuers required by this <br />Sections. Such determinations and calculations by the City's financial advisor shall be final. <br />2I10583v4 <br />11 <br />- 2 9 - <br />
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