1981-143 CRA - Laserfiche WebLink

Home Browse Search

.' . . I . . 0° shall give Agency notice thereof between Decellber 1, 1986 and December 20, 1986. Notwithstandin9 the foregoing, if interest on this Note becomes subject to federal income taxation pursuant to an Official determination (as hereinafter defined): (a) the rate of interest otherwise in effect .on this Note shall be increased to a rate ("Adjusted Basic Rate") per annum equal to one-half percent (.5%) above the Base Rate, determined as above provided; and (b) Agency shall forthwith pay t.o Bank, or its registered assigns, for the period from the Taxable Date (as hereinafter defined) to the effective date of the adjustment reuqired by the foregoing sentence an amount equal to the product of (i) the outstanding principal amount of this Note from time to time during such period and (ii) the difference between the Adjusted Basic Rate and the Basic Rate during such period. If more than .one person has been the holder of this Note during such period, such am.ounts shall be allocated am.ong such holders in accordance with the number of days furing which this Note was held by each such holder during such period. Any holder of this N.ote may protest or contest any Official Determination. If an Official Determination is protested or contested, interest shall continue to be payable at the Adjusted Basic Rate while such protest .or contest is pending. If such protest or contest is successful, the holder hereof shall apply all interest collected at a rate in excess of the Basic Rate in reduction of the principal hereof or any other amounts owing hereunder, or if such principal and all such other amounts have been paid in full, such excess shall be refunded to Agency. Without in any way limiting the survival .of any .other provision of this Note, Agency hereby expressly agrees that the obligations imp.osed up.on it by this paragraph shall survive payment and discharge of this Note for a period of five years. The term "Official Determination" shall mean (and for all purp.oses of thi s Note shall be deemed to have occurred as .of) a change in the Internal Revenue Code of 1954, as amended, the issuance of a statutory notice of deficiency, or ruling by the Internal Revenue Service or a ruling by any court of competent jurisdiction, or any other occurrence, the effect of which, in the opinion of nationally-recognized bond counsel acceptable to Agency and Bank, is to make interest payable .on this N.ote includable in the gross income of the h.older hereof (except to the extent that such interest is so includable because the holder is a "substantial user" of any of the Project referenced be 1 ow or a "re 1 ated person" as such terms are defi ned i n Sect ion 103 .of the Internal Revenue Code of 1954, as amended). The fees and expenses of any such bond counsel in connection with such opinion shall be an obligation of Agency payable from the same source and secured in the same manner as are all other obligations evidenced hereby. The term "Taxable Date" shall mean the date as of which interest payable on this Note is includable in the gross income of a holder of this N&te by reason of an Official Determination. Any principal or interest .on this Note not paid when due. shall thereafter bear interest at a rate equal to five percent (5%) per anr:wm in