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HomeMy WebLinkAboutA057 - Tax and Arbitrage Certificate dated November 1, 2012 - Series 2012 TAX AND ARBITRAGE CERTIFICATE The undersigned hereby certify on this I day of November, 2012 (the "Dated Date") that they are the Mayor and City Clerk of the City of Ames, Iowa (the "Issuer"), and further certify with respect to its $26,000,000 principal amount of Hospital Revenue Bonds (Mary Greeley Medical Center), Series 2012 (the "Bonds" or the "Series 2012 Bonds") as follows: Section 1. General. 1.1. The undersigned, along with other officials of the Issuer, are charged with the responsibility of issuing the Bonds. 1.2. This certification is made pursuant to Sections 1.148 through 1.150-2 of the Federal income tax regulations, as amended to the date hereof (the "Regulations"), relating to "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"). Words and phrases used herein have the meanings ascribed to them in the Regulations or the hereinafter referred to Indenture unless otherwise defined herein or unless another meaning shall be apparent from the context. 1.3. This certification is based on facts, estimates and circumstances in existence on the date of issuance of the Bonds. 1.4. The facts and estimates set forth herein are based in whole or in part on representations of Mary Greeley Medical Center (the "Hospital"), as set forth in the Hospital's Closing Certificate and the Hospital's endorsement hereto. The Issuer is not aware of any facts and circumstances that would cause it to question the accuracy of those representations. 1.5. To the best of knowledge, information and belief of the undersigned, the conclusions, representations and expectations set out in this certification are reasonable and there are no facts, estimates or circumstances that would materially change such conclusions, representations and expectations. Section 2. Authorization and Description of the Bonds. The Bonds, dated the Dated Date, are being issued under and pursuant to the provisions of Iowa Code chapter 384, as amended (the "Act"), and an Indenture of Trust dated as of June 1, 2003 (the "Original Indenture") as amended and supplemented by a First Supplemental Indenture of Trust dated as of October 1, 2011 (the "First Supplemented Indenture") and a Second Supplemental Indenture Trust dated as of November 1, 2012 (the "Second Supplemental Indenture" and, together with the Original Indenture and the First Supplemental Indenture, the "Indenture"), each by and among the Issuer, the Hospital and Wells Fargo Bank, National Association (the "Trustee"). - 1 - 4834-9844-0209\2 10/30/2012 IN WITNESS WHEREOF, we have hereunto affixed our respective official signatures and the seal of the Issuer on the Dated Date. CITY OF AMES, IOWA By: Z �GJ�� Mayor 61 Attest: City Clerk (Seal) [Execution Page for Tax and Arbitrage Certificate]