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84-88 PROVIDING FOR THE FINANCING BY THE CITY OF DECATUR OF AN ECONOMIC DEVELOPMENT PROJECT (CONTINENTAL CARBONIC PRODUCTS, INC.)
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84-88 PROVIDING FOR THE FINANCING BY THE CITY OF DECATUR OF AN ECONOMIC DEVELOPMENT PROJECT (CONTINENTAL CARBONIC PRODUCTS, INC.)
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8/30/2016 9:58:03 AM
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8/30/2016 9:58:01 AM
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Resolution/Ordinance
Res Ord Num
84-88
Res Ord Title
PROVIDING FOR THE FINANCING BY THE CITY OF DECATUR, ILLINOIS OF AN ECONOMIC DEVELOPMENT PROJECT IN ORDER THAT CONTINENTAL CARBONIC PRODUCTS, INC. MAY BE PROVIDED WITH FACILITIES TO ENCOURAGE DEVELOPMENT OF THE MUNICIPALITY...
Approved Date
12/17/1984
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"Bond Service Charges" for any time period means the <br /> principal , including any amortization or redemption <br /> requirements, interest, and re�emption premium, if any, <br /> required to be paid by the Issuer on the Bond for such time <br /> period. Any "late charge" and any payment required to be <br /> made on the Bond with interest at the Interest Rate for <br /> Advances shall also constitute a Bond Service Ch�rge. <br /> "Borrower" means Continental Carbonic Products , Inc. , a <br /> Delaware corporation, its successors and assigns . <br /> "Code" means the Internal Revenue Code of 1954 , as amended, <br /> and regulations promulgated thereunder. <br /> "Completion Date" means the date of completion of the <br /> acquisition, construction and installation of the Project <br /> as that date shall be certified as provided in Section 3 . 5 <br /> of the Agreement. <br /> "Construction Fund" means the fund created by Section 7 <br /> hereof. <br /> "Determination of Taxability" means (i) the filing b_y the <br /> Borrower or any other person or entity with the Internal <br /> Revenue Service of any statement, supplemental statemer.t or <br /> other tax schedule, return or document (whether pursuant to <br /> Treasury R.egulations �ection 1 . 103-10 (b) (2)vi) (c) or <br /> otherwise) which discloses that an Event of Taxability has <br /> occurred, or (ii) the final assertion bv the Internal <br /> Revenue Service or any agent thereof to the effect that <br /> interest on the Bond is includable in the gross income for <br /> federal income tax purposes of any Holder (other than a <br /> H�lder who is a "substantial user" of the Project or a <br /> "related person" , as those terms are used in Section 103 of <br /> the Code) , or (iii) the final adoption of le_qislation or <br /> regulatiens or a final determination, decision, decree or <br /> ruling of any judicial or administrative authority which <br /> has the effect of requiring interest on the Bonds to be <br /> included in the gross income for Federal income tax <br /> purposes of any Holder (other than a Holder who is a <br /> "substantial user" of the Project or a "related person" as <br /> those terms are used in Section 103 of the Code) . For <br /> purposes of clause (ii) in the preceding sentence, an <br /> assertion by the Internal Revenue Service or any agent <br /> thereof sha11 bP considered final when the Holder, the <br /> Issuer and the Borrower shall have received an opinion of <br /> nationally recognized bond ccunsei to the effect that such <br /> assertion is correct , and for purposes of clause (iii) in <br /> the preceding sentence, a decision, decree or ruling by any <br /> judicial or aCministrative authority shall be considered <br /> fir_al upon the expiration or waiver of all periods for <br /> �udicial review or appeal, as the case may be. <br /> 4 <br />
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