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2015-070A
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2015-070A
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Last modified
4/19/2018 10:26:00 AM
Creation date
7/21/2015 2:28:23 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Bond
Approved Date
04/07/2015
Control Number
2015-070A
Agenda Item Number
12.E.1.
Entity Name
Nabors Giblin & Nickerson
Subject
Limited General Obligation Refunding Note
Series 2015 Land Acquisition
Document Relationships
2015-047
(Agenda)
Path:
\Resolutions\2010's\2015
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(g) The Issuer shall keep proper books of records and accounts containing complete <br />and correct entries of all transactions relating to the receipt, investment, disbursement, allocation <br />and application of the moneys related to the Note, including moneys derived from, pledged to, or <br />to be used to make payments on the Note. Such records shall, at a minimum, be adequate to <br />enable the Issuer or its consultants to make the calculations for payment of Rebatable Arbitrage <br />as required by this Statement. The records required to be maintained under this Section 3(g) <br />shall be retained by the Issuer until six (6) years after the retirement of the last obligation of the <br />Note or for such other period as the United States Treasury may, by regulations, otherwise <br />provide. Such records shall at least specify the account or fund to which each investment (or <br />portion thereof) is to be allocated and shall set forth, in the case of each investment security, (i) <br />its purchase price (including the amount of accrued interest to be stated separately), (ii) <br />identifying information, including par amount, coupon rate, and payment dates, (iii) the amount <br />received at maturity or its sale price, as the case may be, including accrued interest, (iv) the <br />amounts and dates of any payments made with respect thereto, (v) the dates of acquisition and <br />disposition or maturity, (vi) the amount of original issue discount or premium (if any), (vii) the <br />frequency of periodic payments (and actual dates and amounts of receipts), (viii) the period of <br />compounding, (ix) the transaction costs (e.g., commissions) incurred in acquiring, carrying or <br />disposing of the Nonpurpose Investments, and (x) market price data sufficient to establish that <br />the purchase price (disposition price) was not greater than (less than) the arm's-length price (see <br />Section 4 below) on the date of acquisition (disposition) or, if earlier, on the date of a binding <br />contract to acquire (dispose of) such Nonpurpose Investment. <br />SECTION 4. MARKET PRICE RULES. Except as provided below, the Issuer agrees <br />to comply with the requirements relating to the "Fair Market Value" of acquired Nonpurpose <br />Investments, as defined in Section 1.148-5(d) of the Regulations. All investments required to be <br />made pursuant to this Statement shall be made to the extent permitted by law. In this regard, the <br />Issuer agrees, among other things, that it will not acquire or cause to be acquired a Nonpurpose <br />Investment (or any other investment acquired with Gross Proceeds or on deposit in the Rebate <br />Account), for a price in excess of its Fair Market Value or sell any such investment at a price <br />(determined without any reduction for transaction costs) less than its Fair Market Value, except <br />as provided below. For this purpose, the following rules shall apply: <br />(a) Established securities markets. Except as otherwise provided below, any market <br />especially established to provide a security or obligation to an issuer of municipal obligations <br />shall not be treated as an established market and shall be rebuttably presumed to be acquired or <br />disposed of for a price that is not its Fair Market Value. <br />(b) Arm's-length price. Any transaction in which a Nonpurpose Investment is <br />directly purchased with Gross Proceeds, or in which a Nonpurpose Investment allocable to Gross <br />Proceeds is disposed of, shall be undertaken in a bona fide arm's-length manner, and no amount <br />shall be paid to reduce the yield on the Nonpurpose Investment. <br />(c) Safe harbor for establishing Fair Market Value for guaranteed investment <br />contracts and Nonpurpose Investments purchased for a yield restricted defeasance escrow. In the <br />A-9 <br />
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