Common use of Investment of Fund Moneys Clause in Contracts

Investment of Fund Moneys. At the written direction of the Authorized Company Representative to the Trustee, any moneys held as part of the Project Fund, the Bond Fund and the Rebate Fund shall be invested or reinvested by the Trustee in Eligible Investments. The Issuer has no right to direct the investment of any moneys held in such Funds and the Company hereby covenants that it will restrict any investment and reinvestment of any moneys held in such Funds and the use of the proceeds of the Bonds in such manner and to such extent, if any, that the Bonds will not constitute arbitrage bonds under Section 148 of the Code. Each of the Company and the Operating Company shall provide the Issuer with a certificate of an appropriate officer, employee or agent of or consultant to the Company or the Operating Company for inclusion in the transcript of proceedings for the Bonds, setting forth the reasonable expectations of the Company and the Operating Company on the date of delivery of and payment for the Bonds regarding the amount and use of the proceeds of the Bonds and the facts, estimates and circumstances on which those expectations are based. The Company agrees that at no time shall any funds constituting gross proceeds of the Bonds be used in any manner to cause or result in a prohibited payment under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. If there is any amount required to be paid to the United States pursuant to Section 148(f) of the Code or Section 5.03 of the Indenture, the Company shall pay such amount to the Trustee for deposit to the Rebate Fund created under Section 5.03 of the Indenture, who will, acting on behalf of the Company, submit the payment to the United States. The Company shall provide to the Trustee and the Issuer the rebate computations required to be made pursuant to the Tax Regulatory Agreement and Section 5.03 of the Indenture, and the Trustee shall keep such records of such computations. Section 3.05.

Appears in 1 contract

Samples: Loan Agreement (United States Steel Corp)

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Investment of Fund Moneys. At the written direction of the Authorized Company Representative to the Trustee, any moneys held as part of the Project Fund, Moneys in the Bond Fund and the Rebate Bond Purchase Fund (except for moneys therein (i) held pursuant to Section 403 of the Original Indenture, (ii) to pay Unsurrendered Bonds or (iii) representing proceeds of a drawing under the Letter of Credit, which moneys shall be either held in cash and not invested or invested only in Government Obligations with a maturity of not to exceed 30 days or fewer, as needed), the Refunding Fund and the Construction Fund shall be invested or and reinvested by the Trustee in Eligible Investments. The Issuer has no right to direct Investments at the investment of any moneys held in such Funds and the Company hereby covenants that it will restrict any investment and reinvestment of any moneys held in such Funds and the use direction of the proceeds of Company, consistent, however, with the Bonds in such manner and to such extent, if any, that the Bonds will not constitute arbitrage bonds under Section 148 of the Code. Each covenants of the Company contained in Section 11 of the First Supplemental Lease. Investments of moneys in the Bond Fund shall mature or be redeemable at the option of the Trustee at the times and in the Operating amounts necessary to provide moneys to pay Debt Service on Series 1997 Bonds as the same shall become due at stated maturity, by redemption or otherwise. Subject to any directions from the Company with respect thereto, from time to time, the Trustee may sell those investments and reinvest the proceeds therefrom in Eligible Investments maturing or redeemable as aforesaid. Any of those investments may be purchased from or sold to the Trustee, the Registrar, an Authenticating Agent or a Paying Agent, or any bank, trust company or savings and loan association affiliated with any of the foregoing. The Trustee shall provide sell or redeem investments credited to the Bond Fund to produce sufficient moneys applicable hereunder to and at the times required for the purpose of paying Debt Service on Series 1997 Bonds when due as aforesaid, and shall do so without necessity for any order on behalf of the Issuer with a certificate and without restriction by reason of an appropriate officer, employee or agent of or consultant any order. An investment made from moneys credited to the Company Bond Fund, the Bond Purchase Fund, the Construction Fund or the Operating Company for inclusion in the transcript Refunding Fund shall constitute part of proceedings for the Bondsthat respective Fund, setting forth the reasonable expectations of the Company and the Operating Company on the date of delivery of and payment for the Bonds regarding the amount and use of the each respective Fund shall be credited with all proceeds of the Bonds sale and the facts, estimates and circumstances on which those expectations are basedincome from investment of moneys credited thereto. The Company agrees that at no time shall any funds constituting gross proceeds of the Bonds be used in any manner to cause or result in a prohibited payment under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. If there is any amount required to be paid to the United States pursuant to Section 148(f) of the Code or Section 5.03 For purposes of the Indenture, the Company all investments shall pay such be valued at face amount to the Trustee for deposit to the Rebate Fund created under Section 5.03 of the Indentureor market value, who will, acting on behalf of the Company, submit the payment to the United States. The Company shall provide to the Trustee and the Issuer the rebate computations required to be made pursuant to the Tax Regulatory Agreement and Section 5.03 of the Indenture, and the Trustee shall keep such records of such computations. Section 3.05whichever is less.

Appears in 1 contract

Samples: Ocean Bio Chem Inc

Investment of Fund Moneys. At the written direction of the Authorized Company Representative to the Trustee, any moneys held as part of the Project Fund, Moneys in the Bond Fund and the Rebate Bond Purchase Fund (except for moneys therein (i) held pursuant to Section 403 hereof, (ii) to pay Unsurrendered Bonds or (iii) representing proceeds of a drawing under the Letter of Credit, which moneys shall be either held in cash and not invested or invested only in Government Obligations with a maturity of not to exceed 30 days or fewer, as needed) and the Refunding Fund shall be invested or and reinvested by the Trustee in Eligible Investments. The Issuer has no right to direct Investments at the investment of any moneys held in such Funds and the Company hereby covenants that it will restrict any investment and reinvestment of any moneys held in such Funds and the use direction of the proceeds of Company, consistent, however, with the Bonds in such manner and to such extent, if any, that the Bonds will not constitute arbitrage bonds under Section 148 of the Code. Each covenants of the Company contained in Section 5.7 of the Lease Agreement. Investments of moneys in the Bond Fund shall mature or be redeemable at the option of the Trustee at the times and in the Operating amounts necessary to provide moneys to pay Debt Service on Bonds as the same shall become due at stated maturity, by redemption or otherwise. Subject to any directions from the Company shall provide with respect thereto, from time to time, the Issuer with a certificate Trustee may sell those investments and reinvest the proceeds therefrom in Eligible Investments maturing or redeemable as aforesaid. Any of an appropriate officer, employee those investments may be purchased from or agent of or consultant sold to the Company Trustee, the Registrar, an Authenticating Agent or a Paying Agent, or any bank, trust company or savings and loan association affiliated with any of the Operating Company for inclusion in foregoing. The Trustee shall sell or redeem investments credited to the transcript of proceedings Bond Fund to produce sufficient moneys applicable hereunder to and at the times required for the Bondspurpose of paying Debt Service on Bonds when due as aforesaid, setting forth the reasonable expectations of the Company and the Operating Company on the date of delivery of and payment shall do so without necessity for the Bonds regarding the amount and use of the proceeds of the Bonds and the facts, estimates and circumstances on which those expectations are based. The Company agrees that at no time shall any funds constituting gross proceeds of the Bonds be used in any manner to cause or result in a prohibited payment under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. If there is any amount required to be paid to the United States pursuant to Section 148(f) of the Code or Section 5.03 of the Indenture, the Company shall pay such amount to the Trustee for deposit to the Rebate Fund created under Section 5.03 of the Indenture, who will, acting order on behalf of the Company, submit the payment Issuer and without restriction by reason of any order. An investment made from moneys credited to the United StatesBond Fund, the Bond Purchase Fund or the Refunding Fund shall constitute part of that respective Fund, and each respective Fund shall be credited with all proceeds of sale and income from investment of moneys credited thereto. The Company shall provide to the Trustee and the Issuer the rebate computations required to be made pursuant to the Tax Regulatory Agreement and Section 5.03 For purposes of the this Indenture, and the Trustee all investments shall keep such records of such computations. Section 3.05be valued at face amount or market value, whichever is less.

Appears in 1 contract

Samples: Ocean Bio Chem Inc

Investment of Fund Moneys. At the written direction of the Authorized Company Representative to the TrusteeCompany, any moneys held as part of the Project Fund, the Bond Fund and the Bond Purchase Fund (except for moneys therein (i) held pursuant to Section 403 of the Indenture, (ii) to pay Unsurrendered Bonds (as defined in the Indenture) or (iii) representing proceeds of a drawing under the Letter of Credit, which moneys shall be either held in cash and not invested or invested only in Government Obligations with a maturity of not to exceed 30 days or fewer, as needed), the Rebate Fund and the Construction Fund shall be invested or reinvested by the Trustee in Eligible InvestmentsInvestments (as defined in the Indenture). The Issuer has no right Company will not issue, or permit to direct be issued on its behalf, any instructions for the investment investments of any moneys held in such Funds and the Company hereby covenants that it will restrict any investment and reinvestment Construction Fund, the Rebate Fund, the Bond Purchase Fund or the Bond Fund if, as a result of any moneys held such investment being made in such Funds and the use of the proceeds of accordance therewith, the Bonds in such manner and to such extent, if any, that would be considered "arbitrage bonds" within the Bonds will not constitute arbitrage bonds under meaning of Section 148 of the Code or "hedge bonds" within the meaning of Section 149(g) of the Code. Each Additionally, the Issuer and the Company will continually comply with all provisions of the Company and Code necessary in order to prevent the Operating Company shall provide Bonds from being considered "arbitrage bonds" within the meaning of Section 148 of the Code or "hedge bonds" within the meaning of Section 149(g) of the Code. Any officer of the Issuer having responsibility for issuing the Bonds, in conjunction with a certificate of an appropriate the Company or any officer, employee or agent of or consultant to the Company or Company, shall give an appropriate certificate of the Operating Company Issuer pursuant to said Section 148 of the Code, for inclusion in the transcript of proceedings for the Bonds, setting forth the reasonable expectations of the Company and Issuer as of the Operating Company on the date of delivery of and payment for the Bonds Issue Date regarding the amount and use of the proceeds of the Bonds and the facts, estimates and circumstances on which those expectations are based. The Company agrees that at no time shall any funds constituting gross provide the Issuer with, and the Issuer's certificate may be premised on, a certificate of an appropriate officer, employee or agent of or consultant to the Company setting forth the reasonable expectations of the Company as of the Issue Date regarding the amount and use of the proceeds of the Bonds be used in any manner to cause or result in a prohibited payment under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. If there is any amount required to be paid to the United States pursuant to Section 148(f) of the Code or Section 5.03 of the Indenture, the Company shall pay such amount to the Trustee for deposit to the Rebate Fund created under Section 5.03 of the Indenture, who will, acting on behalf of the Company, submit the payment to the United States. The Company shall provide to the Trustee and the Issuer the rebate computations required to be made pursuant to the Tax Regulatory Agreement facts, estimates and Section 5.03 of the Indenture, and the Trustee shall keep such records of such computations. Section 3.05circumstances on which those expectations are based.

Appears in 1 contract

Samples: Supplemental Lease Agreement (Ocean Bio Chem Inc)

Investment of Fund Moneys. At the written direction of the Authorized Company Representative to the TrusteeCompany, any moneys held as part of the Project Fund, the Bond Fund and the Bond Purchase Fund (except for moneys therein (i) held pursuant to Section 403 of the IDB Indenture, (ii) to pay Unsurrendered Bonds (as defined in the IDB Indenture) or (iii) representing proceeds of a drawing under the Letter of Credit, which moneys shall be either held in cash and not invested or invested only in Government Obligations with a maturity of not to exceed 30 days or fewer, as needed), the Rebate Fund and the Construction Fund shall be invested or reinvested by the Trustee in Eligible InvestmentsInvestments (as defined in the IDB Indenture). The Issuer has no right Company will not issue, or permit to direct be issued on its behalf, any instructions for the investment investments of any moneys held in such Funds and the Company hereby covenants that it will restrict any investment and reinvestment Construction Fund, the Rebate Fund, the Bond Purchase Fund or the Bond Fund if, as a result of any moneys held such investment being made in such Funds and accordance therewith, the use IDB Bonds would be considered “arbitrage bonds” within the meaning of the proceeds of the Bonds in such manner and to such extent, if any, that the Bonds will not constitute arbitrage bonds under Section 148 of the Code or “hedge bonds” within the meaning of Section 149(g) of the Code. Each Additionally, the IDB and the Company will continually comply with all provisions of the Code necessary in order to prevent the IDB Bonds from being considered “arbitrage bonds” within the meaning of Section 148 of the Code or “hedge bonds” within the meaning of Section 149(g) of the Code. Any officer of the IDB having responsibility for issuing the IDB Bonds, in conjunction with the Company and the Operating Company shall provide the Issuer with a certificate of an appropriate or any officer, employee or agent of or consultant to the Company or Company, shall give an appropriate certificate of the Operating Company IDB pursuant to said Section 148 of the Code, for inclusion in the transcript of proceedings for the IDB Bonds, setting forth the reasonable expectations of the Company and IDB as of the Operating Company on the date of delivery of and payment for the Bonds Issue Date regarding the amount and use of the proceeds of the IDB Bonds and the facts, estimates and circumstances on which those expectations are based. The Company agrees that at no time shall any funds constituting gross provide the IDB with, and the IDB’s certificate may be premised on, a certificate of an appropriate officer, employee or agent of or consultant to the Company setting forth the reasonable expectations of the Company as of the Issue Date regarding the amount and use of the proceeds of the IDB Bonds be used in any manner to cause or result in a prohibited payment under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. If there is any amount required to be paid to the United States pursuant to Section 148(f) of the Code or Section 5.03 of the Indenture, the Company shall pay such amount to the Trustee for deposit to the Rebate Fund created under Section 5.03 of the Indenture, who will, acting on behalf of the Company, submit the payment to the United States. The Company shall provide to the Trustee and the Issuer the rebate computations required to be made pursuant to the Tax Regulatory Agreement facts, estimates and Section 5.03 of the Indenture, and the Trustee shall keep such records of such computations. Section 3.05circumstances on which those expectations are based.

Appears in 1 contract

Samples: Lease Agreement (Hyco International, Inc.)

Investment of Fund Moneys. At the written direction of the Authorized Company Representative to the TrusteeRepresentative, any moneys held as part of the Project Bond Fund, the Bond Rebate Fund and the Rebate Clearing Fund shall be invested or reinvested by the Trustee in Eligible Investments. The Issuer has no right ; provided that, if the Refunded Bonds are to direct be defeased in accordance with the investment provisions of Section 9.02 of the Refunded Bonds Indenture, any moneys held in such Funds the Clearing Fund shall be invested in Eligible Investments constituting U.S. Government Obligations as provided in Section 9.02 of the Refunded Bonds Indenture. Each of the Issuer and the Company hereby covenants that it will restrict any investment and reinvestment of any moneys held in such Funds and the use of the proceeds of the Bonds in such manner and to such extent, if any, as may be necessary so that the Bonds will not constitute arbitrage bonds under Section 148 of the Code. Each of the Company and the Operating The Company shall provide the Issuer with a certificate of an appropriate officer, employee or agent of or consultant to the Company or the Operating Company for inclusion in the transcript of proceedings for the Bonds, setting forth the reasonable expectations of the Company and the Operating Company on the date of delivery of and payment for the Bonds regarding the amount and use of the proceeds of the Bonds and the facts, estimates and circumstances on which those expectations are based. The Company agrees that at no time shall any funds constituting gross proceeds of the Bonds be used in any manner to cause or result in a prohibited payment under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. If there is any amount required to be paid to the United States pursuant to Section 148(f) of the Code or Section 5.03 of the Indenture, the Company shall pay such amount to the Trustee for deposit to the Rebate Fund created under Section 5.03 of the Indenture, who will, acting on behalf of the Company, submit the payment to the United States. The Company shall provide to the Trustee and the Issuer the rebate computations required to be made pursuant to the Tax Regulatory Agreement and Section 5.03 of the Indenture, and the Trustee shall keep such records of such computations. Section 3.05.

Appears in 1 contract

Samples: Loan Agreement (United States Steel Corp)

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Investment of Fund Moneys. At the written direction of the Authorized Company Representative to the TrusteeCompany, any moneys held as part of the Project Fund, the Bond Fund and the Bond Purchase Fund (except for moneys therein (i) held pursuant to Section 403 of the Original Indenture, (ii) to pay Unsurrendered Bonds (as defined in the Original Indenture) or (iii) representing proceeds of a drawing under the Letter of Credit, which moneys shall be either held in cash and not invested or invested only in Government Obligations with a maturity of not to exceed 30 days or fewer, as needed), the Rebate Fund and the Construction Fund shall be invested or reinvested by the Trustee in Eligible InvestmentsInvestments (as defined in the Original Indenture). The Issuer has no right Company will not issue, or permit to direct be issued on its behalf, any instructions for the investment investments of any moneys held in such Funds and the Company hereby covenants that it will restrict any investment and reinvestment Construction Fund, the Rebate Fund, the Bond Purchase Fund or the Bond Fund if, as a result of any moneys held such investment being made in such Funds and accordance therewith, the use Series 1997 Bonds would be considered "arbitrage bonds" within the meaning of the proceeds of the Bonds in such manner and to such extent, if any, that the Bonds will not constitute arbitrage bonds under Section 148 of the Code or "hedge bonds" within the meaning of Section 149(g) of the Code. Each Additionally, the Issuer and the Company will continually comply with all provisions of the Company and Code necessary in order to prevent the Operating Company shall provide Series 1997 Bonds from being considered "arbitrage bonds" within the meaning of Section 148 of the Code or "hedge bonds" within the meaning of Section 149(g) of the Code. Any officer of the Issuer having responsibility for issuing the Series 1997 Bonds, in conjunction with a certificate of an appropriate the Company or any officer, employee or agent of or consultant to the Company or Company, shall give an appropriate certificate of the Operating Company Issuer pursuant to said Section 148 of the Code, for inclusion in the transcript of proceedings for the Series 1997 Bonds, setting forth the reasonable expectations of the Company and Issuer as of the Operating Company on the date of delivery of and payment for the Bonds Issue Date regarding the amount and use of the proceeds of the Series 1997 Bonds and the facts, estimates and circumstances on which those expectations are based. The Company agrees that at no time shall any funds constituting gross provide the Issuer with, and the Issuer's certificate may be premised on, a certificate of an appropriate officer, employee or agent of or consultant to the Company setting forth the reasonable expectations of the Company as of the Issue Date regarding the amount and use of the proceeds of the Series 1997 Bonds be used in any manner to cause or result in a prohibited payment under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. If there is any amount required to be paid to the United States pursuant to Section 148(f) of the Code or Section 5.03 of the Indenture, the Company shall pay such amount to the Trustee for deposit to the Rebate Fund created under Section 5.03 of the Indenture, who will, acting on behalf of the Company, submit the payment to the United States. The Company shall provide to the Trustee and the Issuer the rebate computations required to be made pursuant to the Tax Regulatory Agreement facts, estimates and Section 5.03 of the Indenture, and the Trustee shall keep such records of such computations. Section 3.05circumstances on which those expectations are based.

Appears in 1 contract

Samples: First Supplemental Lease Agreement (Ocean Bio Chem Inc)

Investment of Fund Moneys. At the written direction of the Authorized Company Representative to the TrusteeCompany, any moneys held as part of the Project Fund, Bond Fund and the Bond Purchase Fund (except for moneys therein (i) held pursuant to Section 403 of the Indenture, (ii) to pay Unsurrendered Bonds (as defined in the Indenture) or (iii) representing proceeds of a drawing under the Letter of Credit, which moneys shall be either held in cash and not invested or invested only in Government Obligations with a maturity of not to exceed 30 days or fewer, as needed) and the Rebate Fund shall be invested or reinvested by the Trustee in Eligible InvestmentsInvestments (as defined in the Indenture). The Issuer has no right Company will not issue, or permit to direct be issued on its behalf, any instructions for the investment investments of any moneys held in such Funds and the Company hereby covenants that it will restrict any investment and reinvestment Rebate Fund, the Bond Purchase Fund or the Bond Fund if, as a result of any moneys held such investment being made in such Funds and accordance therewith, the use Series 1996B Bonds would be considered "arbitrage bonds" within the meaning of the proceeds of the Bonds in such manner and to such extent, if any, that the Bonds will not constitute arbitrage bonds under Section 148 of the Code or "hedge bonds" within the meaning of Section 149(g) of the Code. Each Additionally, the Issuer and the Company will continually comply with all provisions of the Company and Code necessary in order to prevent the Operating Company shall provide Series 1996B Bonds from being considered "arbitrage bonds" within the meaning of Section 148 of the Code or "hedge bonds" within the meaning of Section 149(g) of the Code. Any officer of the Issuer having responsibility for issuing the Series 1996B Bonds, in conjunction with a certificate of an appropriate the Company or any officer, employee or agent of or consultant to the Company or Company, shall give an appropriate certificate of the Operating Company Issuer pursuant to said Section 148 of the Code, for inclusion in the transcript of proceedings for the Bonds, setting forth the reasonable expectations of the Company and Issuer as of the Operating Company on the date of delivery of and payment for the Bonds Issue Date regarding the amount and use of the proceeds of the Series 1996B Bonds and the facts, estimates and circumstances on which those expectations are based. The Company agrees that at no time shall any funds constituting gross provide the Issuer with, and the Issuer's certificate may be premised on, a certificate of an appropriate officer, employee or agent of or consultant to the Company setting forth the reasonable expectations of the Company as of the Issue Date regarding the amount and use of the proceeds of the Series 1996B Bonds be used in any manner to cause or result in a prohibited payment under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. If there is any amount required to be paid to the United States pursuant to Section 148(f) of the Code or Section 5.03 of the Indenture, the Company shall pay such amount to the Trustee for deposit to the Rebate Fund created under Section 5.03 of the Indenture, who will, acting on behalf of the Company, submit the payment to the United States. The Company shall provide to the Trustee and the Issuer the rebate computations required to be made pursuant to the Tax Regulatory Agreement facts, estimates and Section 5.03 of the Indenture, and the Trustee shall keep such records of such computations. Section 3.05circumstances on which those expectations are based.

Appears in 1 contract

Samples: Lease Agreement (Ocean Bio Chem Inc)

Investment of Fund Moneys. At the written direction or oral, promptly confirmed in writing, request of the Authorized Company Representative to the TrusteeRepresentative, any moneys held as part of the Project Bond Fund, the Bond Project Fund and or the Rebate Fund shall be invested or reinvested by the Trustee in Eligible Investmentsaccordance with Article VII of the Indenture. The Issuer has no right to direct the investment of any moneys held in such Funds and the Company each hereby covenants that it will restrict any that investment and reinvestment of any moneys held in such Funds and the use of the proceeds of the Bonds in such manner and to such extent, if any, as may be necessary, after taking into account reasonable expectations at the time of delivery of and payment for the Bonds, so that the Bonds will not constitute arbitrage bonds under Section 148 of the Code. Each ; and the Company hereby covenants to obtain and retain such records, certifications or evidence of competitive bids, as the case may be, to establish the fair market value of each such investment as of the Company date of its acquisition and the Operating Company shall provide upon its disposition. Any officer of the Issuer having responsibility for issuing the Bonds is authorized and directed, alone or in conjunction with a certificate any of an appropriate the foregoing or with any other officer, employee or agent of or consultant to the Issuer, or with the Company or any officer, employee or agent of or consultant to the Operating Company Company, to give an appropriate certificate of the Issuer pursuant to said Section 148, for inclusion in the transcript of proceedings for the Bonds, setting forth the reasonable expectations of the Company Issuer regarding the amount and use of the proceeds of the Bonds and the Operating facts, estimates and circumstances on which those expectations are based, that certificate to be premised on the reasonable expectations and the facts, estimates and circumstances on which those expectations are based, that certificate to be premised on the reasonable expectations and the facts, estimates and circumstances on which those expectations are based, as provided by the Company, all as of the date of delivery of and payment for the Bonds. The Company shall provide the Issuer with, and the Issuer's certificate may be based on, a certificate of an appropriate officer, employee or agent of or consultant to the Company setting forth the reasonable expectations of the Company on the date of delivery of and payment for the Bonds regarding the amount and use of the proceeds of the Bonds and the facts, estimates and circumstances on which those expectations they are based. The Company agrees that at no time shall any funds constituting gross proceeds of the Bonds be used in any manner to cause or result in a prohibited payment under applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code. If there is any amount required to be paid to the United States pursuant to Section 148(f) of the Code or Section 5.03 of the Indenture, the Company shall pay such amount to the Trustee for deposit to the Rebate Fund created under Section 5.03 of the Indenture, who will, acting on behalf of the Company, submit the payment to the United States. The Company shall provide to the Trustee and the Issuer the rebate computations required to be made pursuant to the Tax Regulatory Agreement and Section 5.03 of the Indenture, and the Trustee shall keep such records of such computations. Section 3.05.

Appears in 1 contract

Samples: Loan Agreement (Lesco Inc/Oh)

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