Compliance with Tax Certificate. In furtherance of the covenants in this section, the Borrower shall execute, deliver and comply with the provisions of the Tax Certificate, which are by this reference incorporated into this Borrower Loan Agreement and made a part of this Borrower Loan Agreement as if set forth in this Borrower Loan Agreement in full.
Compliance with Tax Certificate. The Rebate Fund shall be established by the Fiscal Agent and held and applied as provided in this Section 4.12. On any date on which any amounts are required by applicable federal tax law to be rebated to the federal government, amounts shall be deposited into the Rebate Fund by the Borrower for such purpose. All money at any time deposited in the Rebate Fund shall be held by the Fiscal Agent in trust, to the extent required to satisfy the rebate requirement (as set forth in the Tax Certificate) and as calculated by the Rebate Analyst, for payment to the government of the United States of America, and neither the Governmental Lender, the Borrower nor the Funding Lender shall have any rights in or claim to such money. All amounts deposited into or on deposit in the Rebate Fund shall be governed by this Section 4.12 and by the Tax Certificate. The Fiscal Agent shall conclusively be deemed to have complied with such provisions if it follows the written instructions of the Governmental Lender, Bond Counsel or the Rebate Analyst, including supplying all necessary information in the manner set forth in the Tax Certificate, and shall not be required to take any actions under the Tax Certificate in the absence of written instructions from the Governmental Lender, Bond Counsel or the Rebate Analyst. Within 55 days of the end of each fifth Rebate Year, the Borrower shall cause the Rebate Analyst to calculate the amount of rebatable arbitrage, in accordance with Section 148(f)(2) of the Code and Section 1.148‑3 of the Treasury Regulations (taking into account any exceptions with respect to the computation of the rebatable arbitrage, described, if applicable, in the Tax Certificate (e.g., the temporary investments exceptions of Section 148(f)(4)(B) and (C) of the Code)), for this purpose treating the last day of the applicable Rebate Year as a (computation) date, within the meaning of Section 1.148‑1(b) of the Treasury Regulations (the “Rebatable Arbitrage”). Pursuant to Section 2.04 of the Project Loan Agreement, the Borrower shall cause the Rebate Analyst to provide such calculations to the Fiscal Agent and the Governmental Lender. In the event that the Borrower fails to provide such information to the Fiscal Agent and the Governmental Lender within 55 days of the end of each fifth Rebate Year, the Fiscal Agent, at the expense of the Borrower, shall select the Rebate Analyst, with the prior written approval of the Governmental Lender, and shall cause the Rebate Anal...
Compliance with Tax Certificate. The District will comply with the provisions of the Certificate as to Arbitrage and the Use of Proceeds Certificate with respect to this Lease, which are incorporated herein as if fully set forth herein. The covenants of this Section will survive payment in full or defeasance of the Lease Payments.
Compliance with Tax Certificate. In furtherance of the foregoing tax covenants of this Section, the City covenants that they will comply with the provisions of the Tax Certificate, which is incorporated herein as if fully set forth herein. These covenants shall survive payment in full or defeasance of the Authority Bonds.
Compliance with Tax Certificate. CDOT shall comply with the provisions of the Tax Compliance Certificate executed and delivered by the State Treasurer and CDOT in connection with the execution and delivery of this Lease that are applicable to the construction of the Project.
Compliance with Tax Certificate. The Lessee will comply with the provisions of the Tax Certificate with respect to each Lease, which is incorporated herein as if fully set forth herein. The covenants of this Section will survive payment in full or defeasance of each Lease.
Compliance with Tax Certificate. Neither the Corporation nor the City will take action inconsistent with its expectations stated in any tax certificate executed with respect to the Certificates and will comply with the covenants and requirements stated therein and incorporated by reference herein. In furtherance of the foregoing tax covenants of this Section, the Corporation and the City will comply with the provisions of the Tax Certificate, which is incorporated herein as if fully set forth herein. These covenants shall survive payment in full or defeasance of the Certificates. This Section and the covenants set forth herein shall not be applicable to, and nothing contained herein shall be deemed to prevent the Corporation or the City from issuing, bonds the interest on which has been determined by Special Counsel to be subject to federal income taxation.
Compliance with Tax Certificate. The City will comply with the provisions of the Tax Certificate and the Use of Proceeds Certificate with respect to the Bonds, which are incorporated herein as if fully set forth herein. The covenants of this Section will survive payment in full or defeasance of the Bonds.
Compliance with Tax Certificate. The Borrower shall execute, deliver and comply with the provisions of the Tax Certificate. In the event of any conflict as between the provisions of this Borrower Loan Agreement and the Tax Certificate, the requirements of the Tax Certificate shall control.
Compliance with Tax Certificate. In furtherance of the foregoing tax covenants of this Section 6.5, the Agency covenants that it will comply with the provisions of the Tax Certificate, which is incorporated herein as if fully set forth herein. These covenants shall survive payment in full or defeasance of the 2020A Bonds. This section shall not be applicable to, and nothing contained herein shall be deemed to prevent the Agency and the Authority from issuing bonds, the interest with respect to which has been determined by Special Counsel to be subject to federal income taxation, including, but not limited to the 2020B Bonds.
