ARBITRAGE CERTIFICATIONS AND COVENANTS Sample Clauses

ARBITRAGE CERTIFICATIONS AND COVENANTS. Section 3.1. General 12 Section 3.2. Reasonable Expectations 12 Section 3.3. Purpose of Financing 12 Section 3.4. Funds 12 Section 3.5. Amount and Use of Certificate Proceeds 13 Section 3.6. [Reserved.] 13 Section 3.7. No Advance Refunding 13 Section 3.8. Current Refunding 13 Section 3.9. Project Completion; New Money Portion 13 Section 3.10. Sinking Funds 13 Section 3.11. Reserve, Replacement and Pledged Funds 14 Section 3.12. Purpose Investment Yield 14 Section 3.13. Issue Price and Yield 14 Section 3.14. Miscellaneous Arbitrage Matters 14 Section 3.15. Conclusion 14
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ARBITRAGE CERTIFICATIONS AND COVENANTS. (1) The Borrower reasonably expects, and hereby certifies and represents to the Issuer, and the Issuer hereby certifies that it reasonably expects, that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be classified as "arbitrage bonds" under Section 148(a) of the Code. To the best knowledge and belief of the Borrower, there are no facts or circumstances that would materially change the foregoing expectations. (2) The Borrower certifies and covenants with the purchasers and the holders of the Bonds from time to time outstanding that so long as any of the Bonds remain outstanding, moneys on deposit in any fund or account in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Code, as the same exists on the date of this Loan Agreement or may from time to time hereafter be amended, supplemented or revised.
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ARBITRAGE CERTIFICATIONS AND COVENANTS. Section 3.1. General 9 Section 3.2. Reasonable Expectations 9 Section 3.3. Purpose of Financing 9 Section 3.4. Funds 10 Section 3.5. Amount and Use of Certificate Proceeds 10 Section 3.6. Multipurpose Issue 10 Section 3.7. No Current Refunding 10 Section 3.8. Project Completion 10 Section 3.9. Sinking Funds 10 Section 3.10. Reserve, Replacement and Pledged Funds 11 Section 3.11. Purpose Investment Yield 11 Section 3.12. Issue Price and Yield on Certificates 11 Section 3.13. Miscellaneous Arbitrage Matters 11 Section 3.14. Conclusion 12 Section 4.1. General 12 Section 4.2. Record Keeping; Use of Certificate Proceeds and Use of Financed Facilities 12 Section 4.3. Temporary Periods/Yield Restriction 13 Section 4.4. Procedures for Establishing Fair Market Value 14 Section 4.5. Certain Gross Proceeds Exempt from the Rebate Requirement 16 Section 4.6. Computation and Payment of Arbitrage Rebate and Yield Reduction Amounts 18 Section 4.7. Successor Rebate Analyst 19 Section 4.8. Filing Requirements 19 Section 4.9. Survival after Defeasance 19
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ARBITRAGE CERTIFICATIONS AND COVENANTS. Section 3.1. General 10 Section 3.2. Reasonable Expectations 10 Section 3.3. Authority and Purpose for Bonds 11 Section 3.4. Funds and Accounts 11 Section 3.5. Amount and Use of Bond Proceeds and Other Money 11 Section 3.6. Multipurpose Issue 11 Section 3.7. No Advance Refunding 11 Section 3.8. Current Refunding 12 Section 3.9. Project Completion 12 Section 3.10. Financing Agreement/Sinking Funds 12 Section 3.11. Reserve, Replacement and Pledged Funds 12 Section 3.12. Purpose Investment Yield 12 Section 3.13. Issue Price and Yield on Bonds 12 Section 3.14. Miscellaneous Arbitrage Matters 13 Section 3.15. Conclusion 13
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ARBITRAGE CERTIFICATIONS AND COVENANTS 
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Related to ARBITRAGE CERTIFICATIONS AND COVENANTS

  • Representations and Covenants In accordance with IRS Notice 2001-82 and IRS Notice 88-129, Developer represents and covenants that (i) ownership of the electricity generated at the Large Generating Facility will pass to another party prior to the transmission of the electricity on the New York State Transmission System, (ii) for income tax purposes, the amount of any payments and the cost of any property transferred to the Connecting Transmission Owner for the Connecting Transmission Owner’s Attachment Facilities will be capitalized by Developer as an intangible asset and recovered using the straight-line method over a useful life of twenty (20) years, and

  • Performance of Agreements and Covenants Each and all of the agreements and covenants of Buyer to be performed and complied with pursuant to this Agreement and the other agreements contemplated hereby prior to the Effective Time shall have been duly performed and complied with in all material respects.

  • Survival of Representations and Covenants (a) The representations, warranties, covenants and agreements contained herein shall survive (without limitation): (i) the Closing and the sale of the Specified Assets to the Purchaser; (ii) any sale or other disposition of any or all of the Specified Assets by the Purchaser; and (iii) the dissolution or liquidation of any party to this Agreement. Except as set forth in Section 9.1(c), all of said representations, warranties, covenants and obligations shall survive without limitation as to time, unless the covenant or agreement specifies a term, in which such covenant or agreement shall survive until the expiration of such specified term. (b) The representations, warranties, covenants and obligations of the Seller , and the rights and remedies that may be exercised by the Indemnitees, shall not be limited or otherwise affected by or as a result of any information furnished to, or any investigation made by or any knowledge of, any of the Indemnitees or any of their Representatives. (c) For purposes of this Agreement, a "Claim Notice" relating to a particular representation or warranty shall be deemed to have been given if any Indemnitee, acting in good faith, delivers to the Seller a written notice stating that such Indemnitee believes that there is or has been a possible Breach of such representation or warranty and containing (i) a brief description of the circumstances supporting such Indemnitee's belief that there is or has been such a possible Breach, and (ii) a non-binding, preliminary estimate of the aggregate dollar amount of the actual and potential Damages that have arisen and may arise as a direct or indirect result of such possible Breach. (d) For purposes of this Agreement, each statement or other item of information set forth in the Disclosure Schedule or in any update to the Disclosure Schedule shall be deemed to be a representation and warranty made by the Seller in this Agreement.