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(b) The Trustee may consent to any variation or change in this Ordinance <br /> • that the Trustee determines is not to the material prejudice of the owners of the bonds or in order <br /> to cure any ambiguity, formal defect or omission in this Ordinance or any amendment hereto <br /> without the consent of the owners of the bonds. <br /> (c) The owners of not less than 75% in aggregate principal amount of the <br /> bonds then outstanding shall have the right, from time to time, anything contained in this <br /> Ordinance to the contrary notwithstanding, to consent to and approve the adoption by the City of <br /> such ordinance supplemental hereto as shall be necessary or desirable for the purpose of <br /> modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or <br /> provisions contained in this Ordinance or in any supplemental ordinance; provided, however, <br /> that nothing contained in this Section shall permit or be construed as permitting (1) an extension <br /> of the maturity of the principal of or the interest on any bond, or (2) a reduction in the principal <br /> amount of any bond or the rate of interest thereon, or (3) the creation of a pledge of the Pledged <br /> Revenues other than a pledge created or permitted by this Ordinance, or (4) a privilege or <br /> priority of any bond or bonds over any other bond or bonds, or (5) a reduction in the aggregate <br /> principal amount of the bonds required for consent to such supplemental ordinance. <br /> Section 20. (a) The City covenants that it shall not take any action or suffer <br /> or permit any action to be taken or condition to exist which causes or may cause the interest <br /> payable on the bonds to be included in gross income for federal income tax purposes. Without <br /> limiting the generality of the foregoing, the City covenants that the proceeds of the sale of the <br /> bonds and the Pledged Revenues will not be used directly or indirectly in such manner as to <br /> cause the bonds to be treated as "arbitrage bonds" within the meaning of Section 148 of the <br /> Code. <br /> (b) The City represents that it has not used or permitted the use of, and <br /> covenants that it will not use or permit the use of the Improvements or the proceeds of the bonds, <br /> in such manner as to cause the bonds to be "private activity bonds" within the meaning of <br /> Section 141 of the Code. <br /> (c) The City shall pay any arbitrage rebate due the United States Treasury <br /> under Section 148 of the Code from moneys in the Bond Fund and/or the Construction Fund. <br /> The costs of calculating the arbitrage rebate due and the arbitrage rebate amount shall be <br /> considered administrative costs payable from moneys in the Bond Fund. <br /> (d) The City will retain all documents and records pertaining to the bonds and <br /> the Improvements for the life of the bonds plus an additional three years. <br /> Section 21. The City covenants that it will take no action which would cause <br /> the bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code. The <br /> City further covenants that it will submit to the Secretary of the Treasury of the United States, <br /> not later than the 15th day of the second calendar month after the close of the calendar quarter in <br /> which the bonds are issued, a statement concerning the bonds which contains the information <br /> required by Section 149(e) of the Code. <br /> 20 <br />