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Series 2010A: Series 2010B: <br /> R-2 $2,260,800 R-2 $1,800,000 <br /> R-3 $3,391,200 R-3 $2,700,000 <br /> Series 2010C: Series 2010D: <br /> R-2 $1,585,800 R-2 $ 963,000 <br /> R-3 $2,378,700 R-3 $1,444,500; <br /> and <br /> WHEREAS, in connection with the Refunding and pursuant to the Ordinance, it is <br /> necessary for the Issuer, the Corporation and the Bond Trustee to enter into this Amendment to <br /> Tax Exemption Agreement. <br /> NOW THEREFORE, in consideration of the premises and the mutual covenants and <br /> agreements herein set forth, the Issuer, the Corporation and the Bond Trustee do hereby agree as <br /> follows: <br /> 1. The above recitals are herein incorporated by reference in their entirety. <br /> 2. Section 5.1 of the Tax Agreement is hereby deleted and the following inserted in <br /> replacement thereof. <br /> "Section 5.1 Variable Yield Issue. Each of the Series 2010 Bonds <br /> numbered R-2 shall bear interest at a rate of 3.99% through and including <br /> December 21, 2015; thereafter, each of the Series 2010 Bonds numbered R-2 shall <br /> bear interest at a rate equal to the product of(x) sum of(i) the Federal Home Loan <br /> Bank of Chicago Fixed Rate for advances of five (5) years <br /> (http://www.fhlbc.com/fhlbc/docs/rates/dailyrates.htm) plus (ii) 2.75% multiplied <br /> by (y) 0.69; provided, however that in no event shall such rate be less than 3.99% <br /> per annum. Each of the Series 2010 Bonds numbered R-3 shall bear interest at a <br /> rate of 2.75% through and including December 21, 2015; thereafter, each of the <br /> Series 2010 Bonds numbered R-3 shall bear interest at a rate equal to the product of <br /> (x) sum of(i) the Federal Home Loan Bank of Chicago Fixed Rate for advances of <br /> five (5) years (http://www.fhlbc.com/fhlbc/docs/rates/dailyrates.htm) plus (ii) <br /> 2.75% multiplied by (y) 0.69; provided, however that in no event shall such rate be <br /> less than 3.99% per annum. As a result, the Series 2010 Bonds are treated as a <br /> variable rate issue." <br /> 3. Deemed Designation. The portion of the Reregistered Series 2010 Bonds that <br /> constitute the Refunding (i.e., the R-3 bonds) are deemed designated as "Qualified <br /> Tax-Exempt Obligations" pursuant to Section 265(b)(3)(D)(ii) of the Code. That <br /> portion of the Reregistered Series 2010 Bonds that do not constitute the Refunding <br /> (i.e., the R-2 Bonds) were previously designated by the Corporation in 2010 as <br /> "Qualified Tax-Exempt Obligations" pursuant to and as defined in Section <br /> 265(b)(3) of the Code. In accordance with Section 265(b) of the Code, the <br /> Reregistered Series 2010 Bonds will not be taken into account in determining <br /> whether the Issuer is a "qualified small issuer" in 2012 under Section 265(b)(3)(C) <br /> 3 <br />