Common use of Covenants and Representations with Respect to Arbitrage Clause in Contracts

Covenants and Representations with Respect to Arbitrage. The Issuer, to the extent it has any control over proceeds of the Bonds and solely in reliance upon the Company, and the Company covenants and represents to each other and to and for the benefit of the owners of the Bonds and the Beneficial Owners that so long as any of the Bonds remain Outstanding, moneys on deposit in any fund in connection with the Bonds, whether such moneys were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and any lawful regulations promulgated thereunder, as the same exist on this date or may from time to time hereafter be amended, supplemented or revised. The Issuer, to the extent it has any control over proceeds of Bonds and solely in reliance on the Company, and the Company covenant for the benefit of the owners of the Bonds and the Beneficial Owners to comply with all of the provisions of the Tax Agreement. The Company reserves the right, however, to make any investment of such moneys permitted by State law, if, when and to the extent that said Section 148 or regulations promulgated thereunder shall be repealed or relaxed or shall be held void by final judgment of a court of competent jurisdiction, but only upon receipt of an opinion of Bond Counsel with respect to such investment.

Appears in 4 contracts

Samples: Loan Agreement (Peoples Gas Light & Coke Co), Loan Agreement (Peoples Gas Light & Coke Co), Loan Agreement (Peoples Gas Light & Coke Co)

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Covenants and Representations with Respect to Arbitrage. The IssuerAuthority, to the extent it has any control over proceeds of the Bonds and solely subject to the limitations on its liability as provided in reliance upon this Agreement and in the CompanyIndenture, and the Company covenants Borrower covenant and represents represent to each other and to and for the benefit of the purchasers and owners of the Bonds and the Beneficial Owners from time to time Outstanding that so long as any of the Bonds remain Outstanding, moneys amounts on deposit in any fund in connection with the Bonds, whether or not such moneys amounts were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code Code, and any lawful regulations promulgated thereunderunder it, as the same exist on this date date, or may from time to time hereafter in this Agreement be amended, supplemented or revised. The Issuer, to the extent it has any control over proceeds of Bonds and solely in reliance on the Company, and the Company covenant Borrower also covenants for the benefit of the owners of the Bonds and the Beneficial Owners Bondholders to comply with all of the provisions of the Tax Certificate and Agreement. The Company Borrower reserves the right, however, to make any investment of such moneys amounts permitted by State Illinois law, if, when and to the extent that said Section 148 of the Code or regulations promulgated thereunder under it shall be repealed or relaxed or shall be held void by final judgment of a court of competent jurisdiction, but only upon receipt of an opinion a Favorable Opinion of Bond Counsel with respect to such investment.

Appears in 3 contracts

Samples: Loan Agreement (Commonwealth Edison Co), Loan Agreement (Commonwealth Edison Co), Loan Agreement (Commonwealth Edison Co)

Covenants and Representations with Respect to Arbitrage. The IssuerAuthority, to the extent it has any control over proceeds of the Bonds and solely subject to the limitations on its liability as provided in reliance upon this Agreement and in the CompanyIndenture, and the Company covenants covenant and represents represent to each other and to and for the benefit of the purchasers and owners of the Bonds and the Beneficial Owners from time to time outstanding that so long as any of the Bonds remain Outstandingoutstanding, moneys amounts on deposit in any fund in connection with the Bonds, whether or not such moneys amounts were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code Code, and any lawful regulations promulgated thereunderunder it, as the same exist on this date date, or may from time to time hereafter in this Agreement be amended, supplemented or revised. revised.‌ The Issuer, to the extent it has any control over proceeds of Bonds and solely in reliance on the Company, and the Company covenant also covenants for the benefit of the owners of the Bonds and the Beneficial Owners Bondholders to comply with all of the provisions of the Tax Agreement. The Company reserves the right, however, to make any investment of such moneys amounts permitted by State Illinois law, if, when and to the extent that said Section 148 of the Internal Revenue Code of 1986, as amended, or regulations promulgated thereunder under it shall be repealed or relaxed or shall be held void by final judgment of a court of competent jurisdiction, but only upon receipt of an opinion a Favorable Opinion of Bond Tax Counsel with respect to such investment.

Appears in 1 contract

Samples: Loan Agreement

Covenants and Representations with Respect to Arbitrage. The IssuerAuthority, to the extent it has any control over proceeds of the Bonds and solely subject to the limitations on its liability as provided in reliance upon this Agreement and in the CompanyIndenture, and the Company covenants covenant and represents represent to each other and to and for the benefit of the purchasers and owners of the Bonds and the Beneficial Owners from time to time outstanding that so long as any of the Bonds remain Outstandingoutstanding, moneys amounts on deposit in any fund in connection with the Bonds, whether or not such moneys amounts were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code Code, and any lawful regulations promulgated thereunderunder it, as the same exist on this date date, or may from time to time hereafter in this Agreement be amended, supplemented or revised. The Issuer, to the extent it has any control over proceeds of Bonds and solely in reliance on the Company, and the Company covenant also covenants for the benefit of the owners of the Bonds and the Beneficial Owners Bondholders to comply with all of the provisions of the Tax Agreement. The Company reserves the right, however, to make any investment of such moneys amounts permitted by State Illinois law, if, when and to the extent that said Section 148 of the Internal Revenue Code of 1986, as amended, or regulations promulgated thereunder under it shall be repealed or relaxed or shall be held void by final judgment of a court of competent jurisdiction, but only upon receipt of an opinion a Favorable Opinion of Bond Tax Counsel with respect to such investment.

Appears in 1 contract

Samples: Loan Agreement

Covenants and Representations with Respect to Arbitrage. The IssuerAuthority, to the extent it has any control over proceeds of the Bonds and solely subject to the limitations on its liability as provided in reliance upon this Agreement and in the CompanyIndenture, and the Company covenants covenant and represents represent to each other and to and for the benefit of the purchasers and owners of the Bonds and the Beneficial Owners from‌ time to time outstanding that so long as any of the Bonds remain Outstandingoutstanding, moneys amounts on deposit in any fund in connection with the Bonds, whether or not such moneys amounts were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code Code, and any lawful regulations promulgated thereunderunder it, as the same exist on this date date, or may from time to time hereafter in this Agreement be amended, supplemented or revised. The Issuer, to the extent it has any control over proceeds of Bonds and solely in reliance on the Company, and the Company covenant also covenants for the benefit of the owners of the Bonds and the Beneficial Owners Bondholders to comply with all of the provisions of the Tax Agreement. The Company reserves the right, however, to make any investment of such moneys amounts permitted by State Illinois law, if, when and to the extent that said Section 148 of the Internal Revenue Code of 1986, as amended, or regulations promulgated thereunder under it shall be repealed or relaxed or shall be held void by final judgment of a court of competent jurisdiction, but only upon receipt of an opinion a Favorable Opinion of Bond Tax Counsel with respect to such investment.

Appears in 1 contract

Samples: Loan Agreement

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Covenants and Representations with Respect to Arbitrage. The IssuerAuthority, to the extent it has any control over proceeds of the Bonds and solely subject to the limitations on its liability as provided in reliance upon this Agreement and in the CompanyIndenture, and the Company covenants covenant and represents represent to each other and to and for the benefit of the purchasers and owners of the Bonds and the Beneficial Owners from time to time outstanding that so long as any of the Bonds remain Outstandingoutstanding, moneys amounts on deposit in any fund in connection with the Bonds, whether or not such moneys amounts were derived derived‌ from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code Code, and any lawful regulations promulgated thereunderunder it, as the same exist on this date date, or may from time to time hereafter in this Agreement be amended, supplemented or revised. The Issuer, to the extent it has any control over proceeds of Bonds and solely in reliance on the Company, and the Company covenant also covenants for the benefit of the owners of the Bonds and the Beneficial Owners Bondholders to comply with all of the provisions of the Tax Agreement. The Company reserves the right, however, to make any investment of such moneys amounts permitted by State Illinois law, if, when and to the extent that said Section 148 of the Internal Revenue Code of 1986, as amended, or regulations promulgated thereunder under it shall be repealed or relaxed or shall be held void by final judgment of a court of competent jurisdiction, but only upon receipt of an opinion a Favorable Opinion of Bond Tax Counsel with respect to such investment.

Appears in 1 contract

Samples: Loan Agreement

Covenants and Representations with Respect to Arbitrage. The IssuerAuthority, to the extent it has any control over proceeds of the Bonds and solely subject to the limitations on its liability as provided in reliance upon this Agreement and in the CompanyIndenture, and the Company covenants covenant and represents represent to each other and to and for the benefit of the purchasers and owners of the Bonds and the Beneficial Owners from time to time outstanding that so long as any of the Bonds remain Outstandingoutstanding, moneys amounts on deposit in any fund in connection with the Bonds, whether or not such moneys amounts were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of of‌ the Code Code, and any lawful regulations promulgated thereunderunder it, as the same exist on this date date, or may from time to time hereafter in this Agreement be amended, supplemented or revised. The Issuer, to the extent it has any control over proceeds of Bonds and solely in reliance on the Company, and the Company covenant also covenants for the benefit of the owners of the Bonds and the Beneficial Owners Bondholders to comply with all of the provisions of the Tax Agreement. The Company reserves the right, however, to make any investment of such moneys amounts permitted by State Illinois law, if, when and to the extent that said Section 148 of the Internal Revenue Code of 1986, as amended, or regulations promulgated thereunder under it shall be repealed or relaxed or shall be held void by final judgment of a court of competent jurisdiction, but only upon receipt of an opinion a Favorable Opinion of Bond Tax Counsel with respect to such investment.

Appears in 1 contract

Samples: Loan Agreement

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