Laserfiche WebLink
payable in advance in semiannual installments on February 1 and August 1 of <br />each year in the amounts set forth at Schedule I attached hereto and incorporated <br />herein. The semiannual installments may be reduced by the Lessee to the extent <br />that the amount on deposit with the Trustee in the Excess Funds Account of the <br />Operation and Reserve Fund of the Trust Agreement, when added to the amount <br />on deposit in the Debt Service Reserve Fund of the Trust Agreement, is in excess <br />of the amount necessary as of each August 1 to pay all lease rental payments <br />payable in the 12-month period beginning on July 1 of the following calendar <br />year. Such excess amount shall be deposited in the Sinking Fund of the Trust <br />Agreement by the Trustee and the Lessee may reduce its next following <br />semiannual lease rental installment by such excess amount. <br />The last semiannual rental payment due before the expiration of <br />this Lease shall be adjusted to provide for rental at the amount specified above for <br />the applicable semiannual period prorated from the date such installment is due to <br />the date of the expiration of this Lease (without taking into account any <br />subsequent early termination of this Lease pursuant to Section 2 hereof). <br />The Lessee will not take any action or fail to take any action that <br />would result in the loss of the exclusion from gross income for federal tax <br />purposes of interest on the Bonds pursuant to Section 103(a) of the Internal <br />Revenue Code of 1986, as amended (the "Code"), as in effect on the date of <br />delivery of the Bonds, nor will the Lessee act in any manner which would <br />adversely affect such exclusion. The Lessee further covenants that it will not <br />make any investment or do any other act or thing during the period that any Bond <br />is outstanding hereunder which would cause any Bond to be an "arbitrage bond" <br />within the meaning of Section 148 of the Code and the regulations thereunder as <br />in effect on the date of delivery of the Bonds. All officers, members, employees <br />and agents of the Lessee are authorized and directed to provide certifications of <br />facts and estimates that are material to the reasonable expectations of the Lessee <br />as of the date the Bonds are issued and to enter into covenants on behalf of the <br />Lessee evidencing the Lessee's commitments made herein. <br />3. The Lease is further amended to provide that the schedule attached hereto <br />as Schedule I shall similarly be attached to the Lease as Schedule I. <br />4. The parties hereto acknowledge that all remaining terms, covenants and <br />conditions as set forth in the Lease shall remain in full force and effect. <br />***** <br />• <br />[3DD[301 51 ~3675v 1 - 2 <br />