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safe harbor for "other replacement proceeds" is available under Treas. Reg. §1.148- <br /> 1(c)(4)(i)(B) since all proceeds of the Bonds will be used to finance(or refinance) a capital <br /> project(i.e.capital expenditures or working capital to which the de minimus rule under Treas. <br /> Reg. §1.148-6(d)(3)(ii)(A)applies)which will have an average economic life as set forth in <br /> a certain Borrower Tax Certificate of even date herewith. The weighted average maturity of <br /> the Bonds does not exceed 120% of the average reasonably expected life of the capital <br /> project. No part of the issue will be used,directly or indirectly,to finance restricted working <br /> capital expenditures or to fund a working capital reserve. Accordingly,there will be no other <br /> replacement proceeds with respect to the Bonds. <br /> V. YIELDS ON NONPURPOSE INVESTMENTS <br /> 5.1. Yield on Investments. Except as described below, all gross proceeds of the <br /> Bonds allocable to a nonpurpose investment will be invested in tax-exempt bonds or at a yield not <br /> materially higher than the yield on the Bonds. <br /> 5.2. Materially Higher Yield. A yield on a nonpurpose investment is materially <br /> higher than the yield on the issue of Bonds to which it is allocable if it exceeds the yield on such <br /> Bonds by more than one-eighth of one percent; provided that the yield on an investment allocable <br /> to replacement proceeds is materially higher if it exceeds such bond yield by more than one- <br /> thousandth of one percent. <br /> 5.3. Temporary Periods. <br /> (a) Three-year Temporary Period. The net sale proceeds and investment <br /> proceeds of the Bonds are reasonably expected to be allocated to expenditures for capital <br /> projects,subject to amounts of related working capital expenditures to which the de minimus <br /> rule in § 1.148-6(d)(3)(ii)(A) applies. Such proceeds qualify for the three-year temporary <br /> period of Treas. Reg. § 1.148-2(e)(2) because the Issuer reasonably expects to satisfy the <br /> expenditure test, the time test and the due diligence test, as described in this paragraph, <br /> because the Project is expected to be substantially completed by November 1, 2002. The <br /> expenditure test will be met because at least 85 percent of the net sale proceeds of the Bonds <br /> will be allocated to expenditures on the Project by said expected completion date. The time <br /> test is met because the Borrower has incurred, in the form of one or more contracts not <br /> subject to contingencies within the Borrower's control, a substantial binding obligation to a <br /> third party to expend at least 5 percent (5%) of the net sale proceeds of the Project on the <br /> Project by the date hereof The due diligence test is met because completion of the Project <br /> and the allocation of the net sale proceeds of the Bonds to expenditures thereon will proceed <br /> with due diligence. The timing of the issuance of the Bonds is in accordance with ordinary <br /> financial practices and the Bonds are not issued prematurely to avoid requirements of new <br /> federal, state or local laws, to earn additional arbitrage profits or for other reasons not <br /> consistent with ordinary financial practice. Amounts on deposit in the Construction Account <br /> of the Bond Fund will be invested without regard to rate of investment return. <br /> -9- <br />