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99-067
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99-067
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7/15/2005 10:14:29 AM
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7/14/2005 10:34:46 AM
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<br />" <br /> <br />(a) the Bonds are not "private activity bonds" as defined in Section 141 of the <br /> <br />Code; <br /> <br />(b) the City hereby designates the Bonds as "qualified tax-exempt obligations" <br />for purposes of Section 265(b)(3) of the Code; <br /> <br />(c) the reasonably anticipated amount of tax-exempt obligations (other than any <br />private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the <br />City (and all subordinate entities of the City) during calendar year 1999 will not exceed <br />$10,000,000; and <br /> <br />(d) not more than $10,000,000 of obligations issued by the City during calendar <br />year 1999 have been designated for purposes of Section 265(b)(3) of the Code. <br /> <br />8.05. The City will use its best efforts to comply with any federal procedural requirements <br />which may apply in order to effectuate the designations made by this section. <br /> <br />Section 9. <br /> <br />Book-Entry System; Limited Obligation of City. <br /> <br />9.01. The Bonds will be initially issued in the form of a separate single typewritten or <br />printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial <br />issuance, the ownership of each Bond will be registered in the registration books kept by the Bond <br />Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, <br />New York, and its successors and assigns (DTC). Except as provided in this section, all of the <br />outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the <br />name of Cede & Co., as nominee ofDTC. <br /> <br />9.02. With respect to Bonds registered in the registration books kept by the Bond <br />Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the <br />Paying Agent will have no responsibility or obligation to any broker dealers, banks and other <br />financial institutions from time to time for which DTC holds Bonds as securities depository <br />(Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, <br />including but not limited to any responsibility or obligation with respect to (i) the accuracy of the <br />records ofDTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, <br />(ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as <br />shown by the registration books kept by the Bond Registrar,) of any notice with respect to the <br />Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other <br />person, other than a registered owner of Bonds, of any amount with respect to principal of, <br />premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may <br />treat and consider the person in whose name each Bond is registered in the registration books kept <br />by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of <br />principal, premium and interest with respect to such Bond, for the purpose of registering transfers <br />with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, <br />premium, if any, and interest on the Bonds only to or on the order of the respective registered <br />DJK-165146 <br />NE136.152 <br />
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