Resolution No. 4595 - Laserfiche WebLink

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Section 6. Maintenance of Tax-Exempt Status. The City covenants for the benefit of the owners of the Bonds to comply with all provisions of the Internal Revenue Code of 1986, as amended (the "Code") which are required for Bond interest to be excluded from gross income for federal income tax purposes. The City makes the following specific covenants with respect to the Code: 6.1. The City shall not take any action or omit any action, if it would cause the Bonds to become "arbitrage bonds" under Section 148 of the Code and shall pay any rebates or penalties to the United States which are required by Section 148(f) of the Code. 6.2. The City shall operate the facilities financed with the Bonds so that the Bonds are not "private activity bonds" within the meaning of Section 141 of the Code. The covenants contained in this Section and any covenants in the closing documents for the Bonds shall constitute contracts with the owners of the Bonds, and shall be enforceable by them. Section 7. Defeasance. The City may defease all or any portion of the Bonds by setting aside, with a duly appointed escrow agent or the Paying Agent, in a special escrow account irrevocably pledged to the payment of the Bonds to be defeased, cash or direct obligations of the United States in an amount which, in the opinion of a certified public accountant or independent financial advisor satisfactory to the escrow agent or Paying Agent, without reinvestment, is at least equal to the principal amount of the Bonds to be defeased, plus interest which will accrue thereon until maturity or any earlier date for which the issuer has given irrevocable instructions for redemption. Such Bonds shall be deemed paid, and shall cease to be entitled to any lien, benefit or security under this Bond Resolution except the right to receive payment from such special escrow account; such Bonds shall not be deemed outstanding for any purpose of this Bond Resolution. Section 8. Bank Designation. The City does not designate the Bonds as "qualified tax-exempt obligations" pursuant to Section 265(b)(3) of the Code. The City and all subordinate entities thereof, reasonably expect to issue more than $10,000,000 of tax-exempt obligations during the current calendar year. The foregoing Resolution adopted this 21 st day of June, 1999. City of Eugene II - fI1f7 /' City Recorder Page 3 - Resolution