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Section 5.05. Tax Covenants. <br /> (a) Tax Covenant. The City covenants to undertake all actions required to <br /> maintain the tax-exempt status of interest on the Bonds under Section 103 of the Code as set <br /> forth in the Arbitrage and Tax Certification. <br /> (b) No Bank Qualification. The Bonds shall not be "qualified tax-exempt <br /> obligations"pursuant to Section 265(b) of the Code for investment by financial institutions. <br /> ARTICLE VI. <br /> THE REMARKETING AGENT; THE REGISTRAR; SALE OF BONDS <br /> Section 6.01. Appointment of Remarketing Agent. There shall at all times prior to <br /> conversion of the Mode to the Fixed Mode be a Remarketing Agent hereunder. The City <br /> appoints Banc of America Securities LLC as the initial Remarketing Agent hereunder to remarket <br /> the Bonds pursuant to this ordinance, and to keep such books and records as shall be consistent <br /> with prudent industry practice and to make such books and records available for inspection by <br /> the Bank, the City and the Registrar at all reasonable times. <br /> The Remarketing Agent may at any time resign and be discharged of the duties and <br /> obligations created by this ordinance, upon the appointment of a successor Remarketing Agent, <br /> by giving the notice set forth in the Remarketing Agreement. The Remarketing Agent may be <br /> removed upon notice set forth in the Remarketing Agreement at the direction of the City, by <br /> written notice to the Remarketing Agent, the Bank and the Registrar. Any successor <br /> Remarketing Agent shall be a member of the National Association of Securities Dealers, Inc. (or <br /> successor to its functions) and shall be authorized by law to perform all the duties set forth in this <br /> ordinance. <br /> -45- P\CMW\CMW4ZL 11/20/01 <br />