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4/24/12 - Barnegat Township School District

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the records kept by the Board. Such notice shall be given in the name of the Board, shall<br />

identify the Refunding Bond to be redeemed, shall specify the redemption date and the<br />

redemption price, and shall state that on the redemption date the Refunding Bond will be<br />

payable at the principal office of the Board and that from the date of redemption interest<br />

will cease to accrue. The Board shall not be required to advertise said notice.<br />

Section 4. (A) The principal of and the interest on the Refunding Bond will<br />

be payable at the office of the Initial Purchaser by or on behalf of the Board on each<br />

payment date, or at such other place as directed by the Registered Owner.<br />

(B) The Business Administrator of the Board shall maintain and keep<br />

books for the registration and transfer of the Refunding Bond. The Refunding Bond shall<br />

be transferable only upon the books of the Board by the registered owner thereof in<br />

person or by his attorney duly authorized in writing, upon surrender thereof together with<br />

a written instrument of transfer satisfactory to the Board duly executed by the registered<br />

owner or his duly authorized attorney. Upon the transfer of the Refunding Bond, the<br />

Board shall issue in the name of the transferee a new registered bond or bonds of the<br />

same aggregate principal amount and maturity as the surrendered Refunding Bond.<br />

(C) The Board may deem and treat the person in whose name the<br />

Refunding Bond shall be registered upon the books of the Board as the absolute owner of<br />

the Bond, whether the Refunding Bond shall be overdue or not, for the purpose of<br />

receiving payment of, or on account of, the principal of and interest on the Refunding<br />

Bond and for all other purposes, and all such payments so made to any such registered<br />

owner or upon his order shall be valid and effectual to satisfy and discharge the liability<br />

upon the Refunding Bond to the extent of the sum or sums so paid.<br />

Section 5. The Refunding Bond shall be in substantially the form attached hereto<br />

as Exhibit A, with such changes as may be appropriate.<br />

Section 6. The proceeds of the Refunding Bond shall be paid to or as directed by<br />

the Board and applied for the purpose of paying the costs of the Energy Savings<br />

Improvement Program and paying costs of issuance in connection with the Refunding<br />

Bond.<br />

Section 7. The Board hereby covenants with the holders from time to time of the<br />

Refunding Bond that it will make no investment or other use of the proceeds of the<br />

Refunding Bond or take any further action (or refrain from taking such action) which<br />

would cause the Refunding Bond to be an “arbitrage bond” within the meaning of the<br />

Internal Revenue Code of 1986, as amended, or under any similar statutory provision or<br />

any rule or regulation promulgated thereunder (the “Code”), or would cause interest on<br />

the Refunding Bond not to be excludable from gross income for federal income tax<br />

purposes, and that it will comply with the requirements of the Code and said regulations<br />

throughout the term of the Refunding Bond.<br />

<strong>Barnegat</strong> <strong>Township</strong> Board of Education Meeting<br />

April <strong>24</strong>, 20<strong>12</strong> 17

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