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pf_02148
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pf_02148
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Last modified
7/17/2007 11:41:47 AM
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12/8/2004 10:42:58 AM
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<br />1.4. The undertaking of the proposed Projects and the <br />issuance of the Revenue Bonds to finance the cost thereof will <br />promote the public purposes and legislative objectives of the <br />Act by providing substantial inducement for the Borrower to <br />acquire and construct the Projects, and each of the Projects <br />constitute a "project" within the meaning of the Act. <br /> <br />2. Manner of Exercisina Power. Minneapolis and each <br />of the Cities has adopted or will adopt a resolution <br />authorizing the joint issuance of the Revenue Bonds in an <br />aggregate principal amount not in excess of $43,000,000, of <br />which amount the maximum principal amount to be issued with <br />respect to Minneapolis and each City and each Project shall be <br />as shown in Schedule II. Minneapolis shall exercise the powers <br />of the Act on behalf of itself and the Cities by adopting, <br />approving and executing such resolutions, documents, and <br />agreements as shall be necessary or convenient to authorize, <br />issue and sell the Revenue Bonds and such other resolutions, <br />documents and agreements as shall be necessary or required in <br />connection with the issuance of the Revenue Bonds and giving <br />effect to or carrying out the provisions of this Agreement and <br />documents under which the Revenue Bonds are issued and/or <br />secured. <br /> <br />3. Source and Contribution of Funds: Allocation Qf <br />Funds. The source of funds for the Projects shall be the <br />proceeds of the Revenue Bonds and, if necessary, a contribution <br />to be made by the Borrower. The funds shall be deposited and <br />applied as provided in an Indenture of Trust (the "Indenture") <br />between Minneapolis and a bank as trustee. The Indenture shall <br />provide for separate accounts in which the proceeds of the <br />Bonds to be used to finance each of the Projects shall be <br />deposited. The proceeds of the Revenue Bonds deposited in such <br />accounts may be used only for the specified Project and may not <br />be used or applied by the Trustee or the Borrower for any other <br />Project. <br /> <br />4. Nature of Revenue Bonds. The Revenue Bonds shall <br />be special, limited obligations of Minneapolis, payable solely <br />from proceeds, revenues and other amounts pledged thereto and <br />more fully described in the Indenture. The Revenue Bonds and <br />the interest thereon shall neither constitute nor give rise to <br />a pecuniary liability, general or moral obligation or a pledge <br />of the full faith or loan of credit of Minneapolis or any of <br />the Cities, within the meaning of any charter, Constitutional <br />or statutory provisions. <br /> <br />5. Term of Aareement: Termination. Unless otherwise <br />provided by concurrent action of Minneapolis and the Cities, <br />this Agreement shall terminate upon the retirement or <br />defeasance of the last outstanding Revenue Bond, and this <br />Agreement may not be terminated in advance of such retirement <br />or defeasance. <br /> <br />-2- <br />
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