Rebate Analyst Clause Samples
The Rebate Analyst clause designates a specific individual or entity responsible for reviewing, calculating, and verifying rebate amounts under the agreement. This clause typically outlines the qualifications or authority of the analyst, the process for submitting and validating rebate claims, and the timeline for their review. By clearly assigning responsibility for rebate analysis, the clause ensures accuracy in rebate calculations and helps prevent disputes over payment amounts.
Rebate Analyst. (a) To the extent required to comply with the provisions of Section 4.02 hereof, the Borrower shall appoint a Rebate Analyst and any successor Rebate Analyst for the Bonds reasonably acceptable to the Authority, subject to the conditions set forth in this Section. The Rebate Analyst and each successor Rebate Analyst shall signify its acceptance of the duties imposed upon it hereunder by a written instrument of acceptance delivered to the Trustee, the Authority and the Borrower under which such Rebate Analyst will agree to discharge its duties pursuant to this Tax Regulatory Agreement in a manner consistent with prudent industry practice.
(b) The Rebate Analyst may at any time resign and be discharged of the duties and obligations created by this Tax Regulatory Agreement by giving notice to the Trustee, the Authority and the Borrower. The Rebate Analyst may be removed at any time by an instrument signed by the Authority and the Borrower and filed with the Authority, the Borrower and the Trustee. The Borrower and the Authority shall, upon the resignation or removal of the Rebate Analyst, appoint a successor Rebate Analyst.
(c) Each successor Rebate Analyst appointed pursuant to this Section shall be either a firm of independent accountants or Bond Counsel or another entity experienced in calculating rebate payments required by (S) 148(f) of the Code.
(d) In order to provide for the administration of the matters pertaining to arbitrage rebate calculations set forth herein, and in the Investment Instructions and No Arbitrage Certificate, the Trustee, the Borrower and the Authority may provide for the employment of the Rebate Analyst on or prior to September 30, 2003. The Trustee and the Authority may rely conclusively upon and shall be fully protected from all liability in relying upon the opinions, calculations, determinations, directions and advice of the Rebate Analyst. The charges and fees for such Rebate Analyst shall be paid by the Borrower upon presentation of an invoice for services rendered in connection therewith.
Rebate Analyst. The Rebate Analyst’s Fee.
Rebate Analyst. The Trustee shall remit part or all of the balances in the Rebate Fund to the United States Treasury in accordance with the Rebate Instructions provided to the Trustee by the Rebate Analyst. The Trustee shall have no obligation to rebate any amounts required to be rebated pursuant to this Section 5.11, other than from moneys held in the Rebate Fund. Any balances remaining in the Rebate Fund after redemption and payment of all of the Bonds and payment and satisfaction of any required rebate as specified in the Rebate Instructions, shall be remitted to the Borrower. END OF ARTICLE V
Rebate Analyst. (a) The City shall appoint a Rebate Analyst to perform the calculations as required herein. The Rebate Analyst and each successor Rebate Analyst shall signify its acceptance of the duties imposed upon it hereunder by a written instrument of acceptance delivered to the City under which such Rebate Analyst will agree to discharge its duties pursuant to this Tax Regulatory Agreement in a manner consistent with prudent industry practice.
(b) The City may rely conclusively upon and shall be fully protected from all liability in relying upon the opinions, calculations, determinations, directions and advice of the Rebate Analyst. The charges and fees for such Rebate Analyst shall be paid by the City upon presentation of an invoice for services rendered in connection therewith. The City hereby agrees to pay the fees of the Rebate Analyst.
Rebate Analyst. (a) Borrower shall appoint a Rebate Analyst and any successor Rebate Analyst for the Bonds reasonably acceptable to Issuer, subject to the conditions set forth in this Section. The Rebate Analyst and each successor Rebate Analyst shall signify its acceptance of the duties imposed upon it hereunder by a written instrument of acceptance delivered to Issuer and Borrower under which such Rebate Analyst will agree to discharge its duties pursuant to this Tax Regulatory Agreement in a manner consistent with prudent industry practice.
(b) The Rebate Analyst may at any time resign and be discharged of the duties and obligations created by this Tax Regulatory Agreement by giving notice to Issuer and Borrower. Borrower and Issuer shall, upon the resignation or removal of the Rebate Analyst, appoint a successor Rebate Analyst.
(c) Each successor Rebate Analyst appointed pursuant to this Section shall be either a firm of independent accountants or Special Tax Counsel or another entity experienced in calculating rebate payments required by Section 148(f) of the Code. The charges and fees for such Rebate Analyst shall be paid by Borrower upon presentation of an invoice for services rendered in connection therewith.