Common use of Section 265 Designation Clause in Contracts

Section 265 Designation. (a) The Corporation hereby designates the Financing Agreement as a “qualified tax- exempt obligation” for purposes and within the meaning of Section 265(b)(3) of the Code. In support of such designation, the Participant certifies that the Financing Agreement will not be at any time “private activity bonds” (as defined in Section 141 of the Code) other than “qualified 501(c)(3) bonds” (as defined in Section 145 of the Code). The Corporation further certifies that, as of the date hereof in the current calendar year, (i) no tax-exempt obligations of any kind other than the Bonds have been issued for the benefit of the Participant, and (ii) not more than $10,000,000 of obligations of any kind (including the Bonds) benefitting the Participant during the current calendar year will be designated for purposes of Section 265(b)(3) of the Code.

Section 265 Designation. (a) The Corporation hereby designates the Financing Agreement as a “"qualified tax- tax-exempt obligation” obligations" for purposes and within the meaning of Section 265(b)(3) of the Code. In support of such designation, the Participant certifies that the Financing Agreement will not be at any time “"private activity bonds” " (as defined in Section 141 of the Code) other than “"qualified 501(c)(3) bonds” " (as defined in Section 145 of the ofthe Code). The Corporation further certifies that, as of the ofthe date hereof in hereofin the current calendar year, (i) no tax-tax­ exempt obligations of any kind other than the Bonds have been issued for the benefit of the Participant, and (ii) not more than $10,000,000 of obligations of any kind (including the Bonds) benefitting the Participant during the current calendar year will be designated for purposes of Section ofSection 265(b)(3) of the Code.

Section 265 Designation. (a) The Corporation hereby designates the Financing Agreement as a “"qualified tax- tax-exempt obligation” obligations" for purposes and within the meaning of Section 265(b)(3) of the Code. In support of such designation, the Participant certifies that the Financing Agreement will not be at any time “"private activity bonds” " (as defined in Section 141 of the Code) other than “"qualified 501(c)(3) bonds” " (as defined in Section 145 of the Code). The Corporation further certifies that, as of the date hereof in the current calendar year, (i) no tax-tax- exempt obligations of any kind other than the Bonds have been issued for the benefit of the Participant, and (ii) not more than $10,000,000 of obligations of any kind (including the Bonds) benefitting the Participant during the current calendar year will be designated for purposes of Section 265(b)(3) of the Code.

Section 265 Designation. (a) The Corporation hereby designates the Financing Agreement as a “qualified tax- tax-exempt obligationobligations” for purposes and within the meaning of Section 265(b)(3) of the Code. In support of such designation, the Participant certifies that the Financing Agreement will not be at any time “private activity bonds” (as defined in Section 141 of the Code) other than “qualified 501(c)(3) bonds” (as defined in Section 145 of the Code). The Corporation further certifies that, as of the date hereof in the current calendar year, (i) no tax-tax- exempt obligations of any kind other than the Bonds have been issued for the benefit of the Participant, and (ii) not more than $10,000,000 of obligations of any kind (including the Bonds) benefitting the Participant during the current calendar year will be designated for purposes of Section 265(b)(3) of the Code.Code.‌