No Diversion of Rebatable Arbitrage. The Borrower will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the Gross Proceeds of the Funding Loan which is not purchased at Fair Market Value or includes terms that the Borrower would not have included if the Funding Loan were not subject to Section 148(f) of the Code.
Appears in 22 contracts
Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement
No Diversion of Rebatable Arbitrage. The Borrower will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the Gross Proceeds of the portion of the Funding Loan evidenced by the Tax-Exempt Governmental Lender Note which is not purchased at Fair Market Value or includes terms that the Borrower would not have included if such portion of the Funding Loan were not subject to Section 148(f) of the Code.
Appears in 5 contracts
Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement
No Diversion of Rebatable Arbitrage. The Borrower will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the Gross Proceeds of the Funding Loan Bonds which is not purchased at Fair Market Value fair market value or includes terms that the Borrower would not have included if the Funding Loan Bonds were not subject to Section 148(f) of the Code.
Appears in 2 contracts
Samples: Loan Agreement (Clean Energy Fuels Corp.), Loan Agreement (Clean Energy Fuels Corp.)
No Diversion of Rebatable Arbitrage. The Borrower will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the Gross Proceeds of the portion of the Funding Loan evidenced by the Tax Exempt Governmental Lender Note which is not purchased at Fair Market Value or includes terms that the Borrower would not have included if such portion of the Funding Loan were not subject to Section 148(f) of the Code.
Appears in 1 contract
Samples: Borrower Loan Agreement
No Diversion of Rebatable Arbitrage. The Borrower will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the Gross Proceeds of the Funding Loan Bonds which is not purchased at Fair Market Value fair market value or includes terms that the Borrower would not have included if the Funding Loan Bonds were not subject to Section 148(f) of the Code.
Appears in 1 contract
No Diversion of Rebatable Arbitrage. The Borrower will not indirectly pay any amount otherwise payable to the federal government pursuant DWT 19920588v5 0017787-000267 to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the Gross Proceeds gross proceeds of the Funding Loan Bonds which is not purchased at Fair Market Value or includes terms that the Borrower would not have included if the Funding Loan Bonds were not subject to Section 148(f) of the Code.
Appears in 1 contract
Samples: Loan Agreement
No Diversion of Rebatable Arbitrage. The Borrower will wil not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements of this Section 5.35(a) to any person other than the federal government by entering into any investment arrangement with respect to the Gross Proceeds of the portion of the Funding Loan evidenced by the Tax-Exempt Governmental Lender Notes which is not purchased at Fair Market Value or includes terms that the Borrower would not have included if such portion of the Funding Loan were not subject to Section 148(f) of the Code.
Appears in 1 contract
Samples: Borrower Loan Agreement