SERIES TRUST AGREEMENT for AUSTIN TRUST, SERIES 10000 for $34,086,000 Variable Certificates, SERIES 10000 and $20,000 Inverse Certificates, SERIES 10000 Evidencing an Interest inSeries Trust Agreement • August 8th, 2008 • America First Tax Exempt Investors Lp • Finance services
Federal and State Income Taxes: Bond Counsel rendered its opinion at the time of original issuance of the Underlying Bonds generally to the effect that, based on then existing laws, regulations and decisions and subject to certain conditions, interest on the Underlying Bonds is for federal income tax purposes is excludable from the “gross income” of the holders thereof, except for any holder who is treated pursuant to section 147(a) of the Code as a “substantial user” of the project or, a “related person” to such user. No opinion, however, was expressed regarding the treatment of the interest on the Underlying Bonds under the tax laws of the State of Texas.
SHORTFALL, FEE AND COLLATERAL AGREEMENT among BANK OF AMERICA, N.A., as Bridge Loan Lender, LOC Provider and TOB Liquidity Provider, BANC OF AMERICA SECURITIES LLC, as TOB Placement and Remarketing Agent, AMERICA FIRST TAX EXEMPT INVESTORS, L.P., as...Shortfall, Fee and Collateral Agreement • August 8th, 2008 • America First Tax Exempt Investors Lp • Finance services • New York
This SHORTFALL, FEE AND COLLATERAL AGREEMENT, dated as of June 26, 2008 (this “Agreement”), is among BANK OF AMERICA, N.A. (the “Bank”), as Bridge Loan Lender, LOC Provider (in such capacity, the “LOC Provider”) and as TOB Liquidity Provider (in such capacity, the “TOB Liquidity Provider”), BANC OF AMERICA SECURITIES LLC, as TOB Placement and Remarketing Agent (the “TOB Placement and Remarketing Agent”), AMERICA FIRST TAX-EXEMPT INVESTORS, L.P., a Delaware limited partnership (the “Obligor”), and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent (the “Collateral Agent”).
SERIES TRUST AGREEMENT for AUSTIN TRUST, SERIES 10002 for $6,169,000 Variable Certificates, SERIES 10002 and $5,000 Inverse Certificates, SERIES 10002 Evidencing an Interest in Enhanced Custody Receipt, Series 2008 CDB-10E Evidencing an Interest in...Series Trust Agreement • August 8th, 2008 • America First Tax Exempt Investors Lp • Finance services
This Series Trust Agreement of the Series set forth on the cover page hereof (this “Series Trust Agreement”), dated as of the date set forth on the cover page hereof, by and between BANK OF AMERICA, NATIONAL ASSOCIATION, as Trustor, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee and Tender Agent, for the Variable Certificates (the “Variable Certificates”) and the Inverse Certificates (the “Inverse Certificates”) (collectively, the Variable Certificates and the Inverse Certificates, the “Certificates”) described on the cover page hereof, incorporates by reference the Standard Terms and Provisions of Trust Agreement, dated as of October 1, 2002 (the “Standard Terms”), attached as Exhibit A hereto, and is governed by the Standard Terms as fully as if set forth herein. All capitalized terms used and not defined herein shall have the meanings set forth in the Standard Terms.
