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(iv) The City is required to deposit amounts received from such disposition in <br /> a commingled fund with substantial other governmental revenues and the City reasonably <br /> expects to spend such amounts on governmental programs within 6 months from the date <br /> of commingling. <br /> Furthermore, the City will not sell or otherwise dispose of all or any portion of the <br /> Equipment in circumstances in which the foregoing requirements are not satisfied unless it has <br /> received an opinion of nationally recognized bond counsel to the effect that such disposition will <br /> not adversely affect the treatment of interest on the Schedule as excludable from gross income <br /> for federal income tax purposes. <br /> (c) Other Agreements. The City will not enter into any agreement with any <br /> nongovernmental person regarding the use of all or any portion of the Equipment during the <br /> stated term of the Schedule unless such agreement will not adversely affect the treatment of <br /> interest on the Schedule as excludable from gross income for federal income tax purposes. <br /> 18. Federal Guarantee Prohibition. The Schedule is not "federally guaranteed" and <br /> the City will not cause or allow the Schedule to become "federally guaranteed". Unless <br /> otherwise excepted under section 149(b) of the Code, the Schedule will be considered federally <br /> guaranteed if: <br /> (a) The payment of principal or interest with respect to the Schedule is guaranteed (in <br /> whole or in part)by the United States(or any agency or instrumentality thereof); <br /> (b) 5 percent or more of the proceeds of the Schedule are to be: <br /> (i) used in making loans the payment of principal or interest with respect to <br /> which are to be guaranteed (in whole or in part) by the United States (or any agency or <br /> instrumentality thereof), or <br /> (ii) invested (directly or indirectly) in federally insured deposits or accounts; <br /> or <br /> (c) The payment of principal or interest on the Schedule is otherwise indirectly <br /> guaranteed (in whole or in part) by the United States(or an agency or instrumentality thereof). <br /> The federal guarantee prohibition shall not apply to (i) proceeds of the issue invested for <br /> an initial temporary period until such proceeds are needed for the purpose for which such issue <br /> was issued, (ii) investments of a bona fide debt service fund, (iii) investments of a reasonably <br /> required reserve fund, (iv) investments in bonds issued by the United States Treasury, or <br /> (v)other investments permitted under Regulations. <br /> -7- <br />