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• <br /> SECTION 9 . Excess Earnings Rebate. The City covenants and <br /> agrees to calculate or cause to be calculated the Rebate Amount <br /> and to pay the Rebate Amount to the Internal Revenue Service in <br /> the manner and at the times required in this subsection. <br /> (a) A special fund of the City to be known as the "1988 <br /> Limited Tax Levy General Obligation Bonds Excess Earnings Fund" <br /> (the "Excess Earnings Fund" ) is hereby authorized and created. <br /> The City shall make deposits into and withdrawals from the Excess <br /> Earnings Fund at such times and in such manner as provided herein <br /> or in such other manner as may be required, in the opinion of <br /> nationally recognized bond counsel, to maintain the tax-exempt <br /> status of the interest on the Bonds. <br /> (b) The City shall calculate the Rebate Amount for each <br /> Bond Year and shall maintain the Rebate Amount in the Excess <br /> Earnings Fund for the next succeeding Bond Year, less the amounts, <br /> if any, previously paid to the United States as provided herein. <br /> The Rebate Amount shall be calculated as follows: <br /> ( 1) The aggregate amount earned on the amounts <br /> deposited in the Projects Fund and the Bond Fund for the <br /> Computation Period, minus <br /> (2 ) The aggregate amount that would have been <br /> earned on the amounts deposited in the funds and accounts <br /> described in subparagraph ( 1) above for the Computation <br /> Period if such amounts had been invested at a yield equal to <br /> the actual yield on the Bonds for the Computation Period, <br /> plus <br /> (3 ) Any income (whether or not that income exceeds <br /> the yield on the Bonds) attributable to the excess of the <br /> amount computed under subparagraph ( 1) above over the amount <br /> computed under subparagraph (2) above. <br /> If the gross earnings on the Bond Fund for any Bond Year <br /> during the Computation Period are less than $100, 000, the amount <br /> -12- KR257 88/07/06 <br />