Common use of Not to Cause Interest to Become Taxable Clause in Contracts

Not to Cause Interest to Become Taxable. The District covenants that it shall not use, and shall not permit the use of, and shall not omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner that if made or omitted, respectively, could cause the interest on any Authority Bond to fail to be excluded pursuant to section 103(a) of the Code from the gross income of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the Fiscal Agent receives a written opinion of Bond Counsel to the effect that failure to comply with such covenant will not adversely affect such exclusion of the interest on any Authority Bond from the gross income of the owner thereof for federal income tax purposes, the City shall comply with each of the specific covenants in this Section.

Appears in 2 contracts

Samples: Fiscal Agent Agreement, Fiscal Agent Agreement

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Not to Cause Interest to Become Taxable. The District covenants that it Authority and the City shall not use, and shall not permit the use of, and shall not or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner that if made or omitted, respectively, could would cause the interest on any Authority Bond to fail to be excluded pursuant to section 103(a) of the Code from 2015- A Bonds to become includable in the gross income income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the Fiscal Agent Authority or the City receives a written opinion of Bond Counsel to the effect that failure to comply with such covenant will not adversely affect such exclusion the exemption from federal income tax of the interest on any Authority Bond from the gross income of the owner thereof for federal income tax purposes2015-A Bond, the City Authority or the City, as the case may be, shall comply with each of the specific covenants in this Section.

Appears in 2 contracts

Samples: Installment Purchase Agreement, Installment Purchase Agreement

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Not to Cause Interest to Become Taxable. The District covenants that it shall not use, and shall not permit the use of, and shall not omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner that if made or omitted, respectively, could cause the interest on any Authority Bond to fail to be excluded excluded, pursuant to section 103(a) of the Code Code, from the gross income of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the Fiscal Agent receives a written opinion of Bond Counsel to the effect that failure to comply with such covenant will not adversely affect such exclusion of the interest on any Authority Bond from the gross income of the owner thereof for federal income tax purposes, the City District shall comply with each of the specific covenants in this Section.

Appears in 2 contracts

Samples: Fiscal Agent Agreement, Fiscal Agent Agreement

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