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on the Obligations as of the Issue Date.
IX. Procedures Applicable to Escrow Accounts for Refunding Issues
In addition to the foregoing, if the Issuer issues Obligations and proceeds
are deposited to an escrow fund to be administered pursuant to the terms of an
escrow agreement, the Responsible Person will:
A. Monitor the actions of the escrow agent to ensure compliance with the
applicable provisions of the escrow agreement, including with respect to
reinvestment of cash balances;
B. Contact the escrow agent on the date of redemption of obligations being
refunded to ensure that they were redeemed; and
C. Monitor any unspent proceeds of the refunded obligations to ensure that
the yield on any investments applicable to such proceeds are invested at a
yield that does not exceed the yield on the refunding obligations or otherwise
applied.
X. Procedures Applicable to All Tax-Exempt Obligations
For all issuances of Obligations the Responsible Person will:
A. Maintain any official action of the Issuer (such as a reimbursement
resolution) stating the Issuer's intent to reimburse with the proceeds of
the Obligations any amount expended prior to the Issue Date for the
acquisition, renovation or construction of the facilities;
B. Ensure the applicable information return (e.g., Form 8038-G, 8038-GC, or
any successor forms) is filed timely with the Internal Revenue Service (the
"IRS"); and
C. Ensure, unless excepted from rebate and yield restriction under section
148(f) of the Code, excess investment earnings are computed and paid
to the U.S. government at such time and in such manner as directed by
the IRS (1) at least every five years after the Issue Date and (2) within 30
days after the date the Obligations are retired.
XI. Private Business Use:
Generally, to be tax-exempt, only an insignificant amount of the proceeds of
each issue of Obligations can benefit (directly or indirectly) private businesses.
The Responsible Person will review the Closing Documents periodically (at
least once a fiscal year) for the purpose of determining that the use of the
Project does not violate provisions of federal tax law that pertain to private
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