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40 <br /> excludable (under Section 103 (a) of the Code) from gross income for <br /> federal income taxes (excluding, however, private activity bonds, <br /> as defined in Section 141 of the Code, other than qualified <br /> 501 (c) (3) bonds as defined in Section 145 of the Code) , including <br /> the Facility, during the calendar year 1995 . <br /> 4 . No portion of the proceeds are expected by the County to <br /> used, directly or indirectly, to (i) acquire "higher yielding <br /> investments" (within the meaning of Section 148 (b) of the Code) , or <br /> (ii) replace funds which were used, directly or indirectly, to <br /> acquire higher yielding investments. <br /> 5 . No portion of the payment of principal or interest under <br /> the Note is "federally guaranteed" within the meaning of Section <br /> 149 (b) of the Code. <br /> 6 . The County will timely file Form 8038-G, Information <br /> Return for Tax-Exempt Governmental Bond Issues, and any other <br /> filings or returns by the Internal Revenue Service. <br /> 7 . To the best knowledge, information and belief of the <br /> undersigned, there are no other facts, estimates or circumstances <br /> that would materially change the foregoing certification or your <br /> reliance thereon. <br /> COUNTY OF ORANGE <br /> By: <br /> County Manager <br /> Clerk <br /> [County Seal] <br /> 19 <br />