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~ (ii) consist of "preliminary expenditures" as defined in Regulations Section 2 1.150-2(~(2); or q (iii) to the extent not described in (i) or (ii) above, consist of expenditures in an ~ aggregate amount that does not exceed the lesser of $100,000 or 5% of the Proceeds of 6 the 1998 Certificates (the applicable limit in this case being $100,000). 7 s The aggregate amount of the preliminary expenditures referred to in (ii) above that are included 9 in the Reimbursed Expenditures does not exceed 20 percent of tlie aggregate issue price of the l0 1998 Certificates. II ~? 3. The County intends this Reimbursement Requisition Certifica[e to constitute a I; reimbursement allocation from Proceeds of the 1998 Certificates deposited in the Project Account 14 for the purpose of reimbursing itself for $3,911,61Z.5Cr~f Pre-issuance Expenditures, as shown on ~~ IS Exhibit A attached hereto (the "Reimbursement Allocation ). Upon receipt of the amount I6 requisitioned, the County will credit such amount to the County's general checking account by 17 making appropriate entries on the books and records of the County tha[ are maintained with Is respect to said general checking account. The County hereby covenants and agrees that no ~g amounts received by the County pursuant to such Reimbursement Allocation will be used, within ?0 one yeaz from the date hereof, to make any deposit in any fund or account relating to any other 21 issue of federally tax-exempt obligations (other than any such fund or account that constitutes a 22 "bona fide debt service fund" within the meaning of Regula[ions § 1.148-1(b)), nor will such 2; amounts be used in any manner that would cause them to be or become replacement proceeds 2a (within the meaning of Regulations § L148-1(c)) for the 1995 Bonds or any other issue of ?5 federally tax-exempt oblieations. ~6 ~7 4. The expenditures for which moneys are requisitioned hereby represent proper charges ?8 against the Project Fund, have not been induded in a previous requisition and have been properly 29 recorded on the County's books. The expenditures for which moneys are hereby requisitioned ;0 are set fortli in Exhibit A attached hereto, with paid invoices attached for any sums for which ;1 reimbursement is requested. _ ;3 5. The moneys requisitioned hereby are not greater than those necessary to meet 34 obligations due and payable or to reimburse the County for its funds actually advanced for costs 35 of the Project and do not represent a reimbursement to the County for working capital. 36 37 ;g 6. The County is not in default under the Loan Agreement and nothing has occurred to 39 the knowledge of the County that would prevent the performance of its obligations under the 40 Loan Agreement. 41 q~ 7. All of the funds being requisitioned are being used in compliance with the Tax 43 Covenants. FINANCING AND TRUST AGREEMENT E\HIBIT A-2 PAGE L