Common use of Representations and Covenants of the Trustee Clause in Contracts

Representations and Covenants of the Trustee. The Trustee represents and covenants to the City and the Developer as follows: (a) The Trustee will comply with the provisions of this Tax Agreement that apply to it as Trustee and any written letter or opinion of Bond Counsel, specifically referencing the Bonds and received by the Trustee, that sets forth any action necessary to comply with any statute, regulation or ruling that may apply to it as Trustee and relating to reporting requirements or other requirements necessary to preserve the exclusion of the interest on the Bonds from gross income for federal income tax purposes. (b) The Trustee, acting on behalf of the City and the Developer, may from time to time cause a firm of attorneys, consultants or independent accountants or an investment banking firm to provide the Trustee with such information as it may request in order to determine all matters relating to (a) the Yield on the Bonds as it relates to any data or conclusions necessary to verify that the Bonds are not “arbitrage bonds” within the meaning of Code § 148, and (b) compliance with arbitrage rebate requirements of Code § 148(f). All costs and expenses incurred in connection with supplying the foregoing information will be paid from the TDD Sales Tax Revenue Fund.

Representations and Covenants of the Trustee. The Trustee represents and covenants to the City and the Developer as follows: (a) The Trustee will comply with the provisions of this Tax Agreement that apply to it as Trustee and any written letter or opinion of Bond Special Tax Counsel, specifically referencing the Bonds Certificates and received by the Trustee, that sets forth any action necessary to comply with any statute, regulation or ruling that may apply to it as Trustee and relating to reporting requirements or other requirements necessary to preserve maintain the exclusion of the interest on Interest Portions of Basic Rent Payments represented by the Bonds Certificates from gross income for federal income tax purposes. (b) The Trustee, acting on behalf of the City and the DeveloperCity, may from time to time cause a firm of attorneys, consultants or independent accountants or an investment banking firm to provide the Trustee with such information as it may request in order to determine all matters relating to (a) the Yield on the Bonds Certificates as it relates to any data or conclusions necessary to verify that none of the Bonds are not Certificates or the Lease is an “arbitrage bondsbond” within the meaning of Code § 148, and (b) compliance with arbitrage rebate requirements of Code § 148(f). All The City will pay all costs and expenses incurred in connection with supplying the foregoing information will be paid from the TDD Sales Tax Revenue Fundinformation.

Representations and Covenants of the Trustee. The Trustee represents and covenants to the City and the Developer as follows: (a) The Trustee will comply with the provisions of this Tax Agreement that apply to it as Trustee and any written letter or opinion Opinion of Bond Special Tax Counsel, specifically referencing the Bonds Certificates and received by the Trustee, that sets forth any action necessary to comply with any statute, regulation or ruling that may apply to it as Trustee and relating to reporting requirements or other requirements necessary to preserve maintain the exclusion of the interest on Interest Portion of the Bonds Basic Rent Payments from gross income for federal income tax purposes. (b) The Trustee, acting on behalf of the City and the DeveloperCity, may from time to time cause a firm of attorneysofattorneys, consultants or independent accountants or an investment Investment banking firm to provide the Trustee with such information as it may request in order to determine all matters relating to (a1) the Yield on the Bonds Certificates as it relates to any data or conclusions necessary to verify that the Bonds Certificates are not “arbitrage bonds” within the meaning of Code § 148, 148 and (b2) compliance with arbitrage rebate requirements of Code § 148(f). All The City will pay all reasonable costs and expenses incurred in connection with supplying the foregoing information will be paid from the TDD Sales Tax Revenue Fundinformation.

Representations and Covenants of the Trustee. The Trustee represents and covenants to the City and the Developer as follows: (a) The Trustee will comply with the provisions of this Tax Agreement that apply to it as Trustee and any written letter or opinion Opinion of Bond Special Tax Counsel, specifically referencing the Bonds Lease or Certificates and received by the Trustee, that sets forth any action necessary to comply with any statute, regulation or ruling that may apply to it as Trustee and relating to reporting requirements or other requirements necessary to preserve maintain the exclusion of the interest on Interest Portion of the Bonds Basic Rent Payments from gross income for federal income tax purposes. (b) The Trustee, acting on behalf of the City and the DeveloperCity, may from time to time cause a firm of attorneys, consultants or independent accountants or an investment banking firm to provide the Trustee with such information as it may request in order to determine all matters relating to (a1) the Yield on the Bonds Lease as it relates to any data or conclusions necessary to verify that the Bonds are Lease is not an “arbitrage bondsbond” within the meaning of Code § 148, 148 and (b2) compliance with arbitrage rebate requirements of Code § 148(f). All The City will pay all costs and expenses incurred in connection with supplying the foregoing information will be paid from the TDD Sales Tax Revenue Fundinformation.