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8447-93 Authorizing Economic Development Revenue (P.A.I. Properties $450,000)
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8447-93 Authorizing Economic Development Revenue (P.A.I. Properties $450,000)
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3/21/2013 4:21:19 PM
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10/1/2012 1:26:24 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
12/13/1993
Ord-Res Number
8447-93
Bill Number
107-93
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requirements, to enter upon and examine and inspect the Facilities <br /> without interference or prejudice to the Borrower's operation. <br /> Borrower further agrees that the Issuer and its duly authorized <br /> agents shall have such rights of access to the Facilities as may be <br /> reasonably necessary to cause to be completed the acquisition and <br /> installation provided for in Section 3 .20 hereof, and thereafter for <br /> the proper maintenance of the Facilities, in the event of failure by <br /> Borrower to perform its obligations under Section 3 . 10 hereof. <br /> Section 3 . 24. Tax Exempt Status of Bonds. The Borrower <br /> further covenants that it will not take, or fail to take, any action <br /> which action or failure will cause the interest on the Bonds to <br /> become subject to federal income taxes pursuant to the provisions of <br /> Section 103 of the Code so long as any of the Bonds are outstanding <br /> under the Indenture; provided, that Borrower shall not have violated <br /> this covenant if the interest on any of the Bonds becomes taxable to <br /> a person who is a substantial user of the Project or a related <br /> person pursuant to the provisions of Section 147 (a) of the Code, or <br /> taxed by virtue of the alternative minimum tax or any section of the <br /> Code other than Section 103 . <br /> Section 3 .25. Financial Covenants. The Borrower covenants and <br /> agrees that so long as any of the Bonds are outstanding it shall: <br /> (a) pay all trade accounts due in accordance with <br /> industry standards; and <br /> (b) not mortgage, sell, pledge or otherwise dispose of <br /> any of its business assets except as provided herein or in the <br /> normal course of business. <br /> Section 3 .26. Information Report. The Borrower covenants and <br /> agrees that it will cooperate with the Issuer in preparing and <br /> submitting the information report required under Section 149 (e) of <br /> the Code concerning the Series 1993 Bonds. <br /> Section 3 . 27. Regulation U. The Borrower covenants and agrees <br /> that from and after the date hereof and so long as any amount <br /> remains unpaid on account of any Bond, it will not without the prior <br /> written approval of the Trustee, apply, directly or indirectly, any <br /> part of the Net Proceeds for the purpose, whether immediate, <br /> incidental or ultimate, of purchasing or carrying any "margin <br /> security" as defined in Regulation U of the Board of Governors of <br /> the Federal Reserve System (Title 12, Part 221, Code of Federal <br /> Regulations, as amended) , or for the purpose of reducing or retiring <br /> any indebtedness which was originally incurred for any such purpose. <br /> (End of Article III) <br /> -27- <br />
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