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<br />. <br /> <br />. <br /> <br />on the basis of a 360 day year for the actual number of days elapsed and with interest <br />compounded quarterly. For purposes of computing the yield, the issue price of the Bonds is <br />$15,000,000 (the principal amount plus $0 accrued interest). See Exhibit "A" attached hereto. <br /> <br />. <br /> <br />(h) If any taxable investments are subject to yield restriction under this <br />Section 4, the yield produced by the taxable investments shall be computed over the term of the <br />Bonds on the basis of a 30 day month and 360 day year and with interest compounded quarterly. <br />For purposes of computing yield, the purchase price shall be determined as provided in <br />26 CFR Sec. 1.148-5, and yield reduction payments to the Internal Revenue Service and <br />brokerage and selling Commissions may be taken into account to extent permitted thereunder. <br /> <br />5. Reimbursement <br /> <br />. <br /> <br />. <br /> <br />The proceeds of the Bonds that will be used for reimbursement of expenditures <br />paid by the City prior to the date of issuance of the Bonds will be applied only to reimburse <br />capital expenditures that (A) were paid no earlier than sixty (60) days before the date of the <br />adoption by the City of a declaration of intent to reimburse such expenditures from the proceeds <br />of obligations, and (B) are reimbursed no later than eighteen (18) months after the later of the <br />date the expenditure was paid or the date the Project is placed in service (but no later than three <br />(3) years after the expenditure is paid). Proceeds used for reimbursement of expenditures will be <br />deposited in the general fund of the City and will not be used to replace funds of the City to be <br />used to refund debt of the City to create a sinking or pledged fund for such debt or the Bonds or <br />otherwise to create replacement proceeds for such debt or for the Bonds. <br /> <br />. <br /> <br />6. Qualified Tax-Exempt Obligations <br /> <br />. <br /> <br />(a) The City reasonably expects that the aggregate face amount of all tax- <br />exempt obligations issued by the City during calendar year 2010 will not exceed $30 million. <br /> <br />For purposes of this paragraph (a): <br /> <br />(i) The City and all entities that issue obligations on behalf of the City <br />are treated as the City, and all obligations issued by any entity subordinate to another entity are <br />(t treated as issued by such other entity. <br /> <br />(ii) The term "obligation" includes any bond or note (whether or not <br />recourse), any warrant, any lease purchase agreement, and any other instrument that is treated as <br />an obligation for purposes of section 103 of the Code, except that such term shall not include: <br />. any private activity bond (as defined in section 141 of the Code) or any current refunding <br />obligation; <br /> <br />(iii) An obligation is "tax-exempt" if: (a) interest on the obligation is <br />excluded from gross income for federal income tax purposes; (b) at the time of issuance of the <br />. obligation it was represented to the purchaser that interest on the obligation is or may be <br />excluded from such gross income; or (c) the proceeds of the obligation were derived (directly or <br /> <br />4 <br /> <br />{M 1886561_2} <br /> <br />. <br />