TAX CERTIFICATE AND AGREEMENT PROVISIONSTax Certificate and Agreement Provisions • April 4th, 2013
Contract Type FiledApril 4th, 2013In general, the Authority’s obligations pursuant to the Tax Certificate should be limited. The Authority should make no covenants that are not required by the Internal Revenue Code to be made by the Authority. All required covenants should have equivalent covenants by the Borrower and indicate that the Authority is relying on the Borrower to actually perform those covenants (except to the extent the Internal Revenue Code expressly prohibits such reliance or such reliance is impossible based on the particulars of the Internal Revenue Code requirement (e.g. filing 8038 forms)). Any representations of the Authority should be made in reliance upon information provided by other parties (except the Authority can provide independently representations as to its governmental character or on such subjects as tax counsel indicates the Internal Revenue Code does not permit reliance). Tax counsel should indicate to the Authority each instance of a covenant or representation that the Authority is be
TAX CERTIFICATE AND AGREEMENT PROVISIONSTax Certificate and Agreement Provisions • April 4th, 2013
Contract Type FiledApril 4th, 2013In general, the Authority’s obligations pursuant to the Tax Certificate should be limited. The Authority should make no covenants that are not required by the Internal Revenue Code to be made by the Authority. All required covenants should have equivalent covenants by the Borrower and indicate that the Authority is relying on the Borrower to actually perform those covenants (except to the extent the Internal Revenue Code expressly prohibits such reliance or such reliance is impossible based on the particulars of the Internal Revenue Code requirement (e.g. filing 8038 forms)). Any representations of the Authority should be made in reliance upon information provided by other parties (except the Authority can provide independently representations as to its governmental character or on such subjects as tax counsel indicates the Internal Revenue Code does not permit reliance). Tax counsel should indicate to the Authority each instance of a covenant or representation that the Authority is be