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(a) The County covenants and agrees with the registered own- ers from time to time of the Second Amended and Restat- ed Lease Agreement that it will not take or permit to be taken by any of its officers, employ- ees or agents any action which would cause the interest com- ponent on the Second Amend- ed and Restated Lease Agree- ment to become includable in gross income for federal in- come tax purposes under the Code and applicable Treasury Regulations (the "Regulations"), and covenants to take any and all actions within its powers to ensure that the basic interest component on the Second Amended and Restated Lease Agreement will not become includable in gross income for federal income tax purposes under the Code and the Regulations. (b) The County shall file with the Secretary of the Treasury a statement concerning the Sec- ond Amended and Restated Lease Agreement containing the information required by Section 149(e) of the Code. (c) Pursuant to Section 265(b) (3)(B)(ii) of the Code, the County hereby designates the Second Amended and Restat- ed Lease Agreement as "quali- fied tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. The County here- by represents that it does not anticipate that obligations bear- ing interest not includable in gross income for purposes of federal income taxation under Section 103 of the Code (in- cluding refunding obligations as provided in Section 265(b) (3) of the Code and including "qualified 501(c)(3) bonds" but excluding other "private activity bonds," as defined in Sections 141(a) and 145(a) of the Code) will be issued by or on behalf of the County and all "subordi- nate entities" of the County in 2020 in an amount greater than $10,000,000. ARTICLE VII NOTICE OF REFUNDING Section 7.1. Notice of Refund- ing. Prior to the issuance of the Certificates, notice of the County's intention to refund the Refunded Certificates shall be posted on http://emma.msr- b.org and be given, at the di- rection of the Auditor, by the respective paying agents for the Refunded Certificates, via first-class mail to the respec- tive Registered Owners of the Refunded Certificates. Such Refunded Certificates. Such notice shall be in substantially the form as provided in Exhibit A attached hereto and by this reference made a part hereof. ARTICLE VIII MISCELLANEOUS Section 8.1. Payments Due on Saturdays, Sundays, and Holi- days. In any case where the date of maturity or interest on or princi- pal of any Certificate, or the date fixed for redemption of any Certificate, shall be a Sat- urday or Sunday or shall be, at the place designated for pay- ment, a legal holiday or a day on which banking institutions similar to the Registration Agent are authorized by law to close, then the payment of the interest on, or the principal, or the redemption price of, such Certificate need not be made on such date but must be made on the next succeeding day not a Saturday, Sunday, or a legal holiday or a day upon which banking institutions are authorized by law to close, with the same force and effect as if made on the date of maturity or the date fixed for redemption, and no interest shall accrue for the period after such date. Section 8.2. Miscellaneous Acts. The appropriate officers of the County are hereby authorized, empowered, and directed to do any and all such acts and things, and to execute, ac- knowledge, deliver, and, if ap- plicable file or record, or cause to be filed or recorded, in any appropriate public offices, all such documents, instruments,, and certifications, in addition to those acts, things, documents, instruments, and certifications hereinbefore authorized and approved, as may, in their dis- cretion, be necessary or desir- able to implement or comply with the intent of this Resolu- tion, or any of the documents herein authorized and ap- proved, or for the execution of the Second Amended and Re- stated Lease Agreement. Section 8.3. Amendment. The County Commission is hereby authorized to make such amendments to this Res- olution as will not impair the rights of the Lessor. Section 8.4. No Recourse Un- der the Resolution. All stipulations, promises, agreements, and obligations of the County contained in this Resolution shall be deemed to be the stipulations, promises, agreements, and obligations of the County and not of any offi- cer, director, or employee of the County in his or her individ- the County in his or her individ- ual capacity, and no recourse shall be had for the payment of the principal component of or interest component on the Sec- ond Amended and Restated Lease Agreement or for any claim based thereon or on this Resolution against any officer, director, or employee of the County or against any official or individual executing the Sec- ond Amended and Restated Lease Agreement. Section 8.5. Invalidity. If any one or more of the pro- visions of this Resolution, or of any exhibit or attachment thereto, shall be held invalid, il- legal, or unenforceable in any respect, by final decree of any court of lawful jurisdiction, such invalidity, illegality, or unen- forceability shall not affect any other provision hereof, or of any exhibit or attachment thereto, but this Resolution, and the exhibits and attach- ments thereto, shall be con- strued the same as if such in- valid, illegal, or unenforceable provision had never been con- tained herein, or therein, as the case may be. Section 8.6. Post Issuance Compliance. The County does hereby adopt Meierhenry Sargent Post Issuance Compliance Manual procedures with regard to the Second Amended and Restat- ed Lease Agreement. The County appoints the Auditor as the chief compliance officer. Section 8.7. Conflicting Reso- lutions Repealed. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. Section 8.8. Effective Date. This Resolution shall take ef- fect from and after its adoption, the welfare of the County re- quiring it. Motion by Weaver and sec- onded by Hohn and upon vote being taken the following voted AYE: Abernathy, Hohn Inman, Vance and Weaver and the following voted NAY: None Randy Vance, Chairman Hughes County Commission (SEAL) ATTEST: Jane Naylor, Finance Officer Hughes County, Hughes County, South Dakota Published once at the total ap- proximate cost of $243.02. This is a great opportunity to join a stable 129-year-old newspaper company that is the number one news media, number one website and number one magazine publisher in the area. If you are a talented and outgoing self-starter who is organized and assertive, we would like to talk with you about joining The Capital Journal sales team as a Multimedia Advertising Sales Consultant. In this position, you will work with local businesses in an established territory to help them grow and support their future success using our marketing platforms: print advertising campaigns, website and mobile advertising, email marketing and digital services (SEO/SEM/ Target Marketing). Our ideal candidate understands that the sales process is more than taking orders and thrives on exceptional customer service and hard work. You must enjoy working in a team environment and possess strong verbal, written and persuasive interpersonal skills. Sales experience is a plus, but we will consider well-qualifed candidates with a passion to succeed. This position requires a dependable vehicle and profciency with Microsoft Word/ Excel/Google Docs. This is a full time position and as part of Wick Communications, we offer a strong package of pay and benefts, including base salary plus commission, medical, dental, 401(k) and other work perks such as fexible vacations. See our website at www.capjournal.com and learn about our parent company at www.wickcommunications.com. We are an equal opportunity employer. MULTIMEDIA ADVERTISING SALES CONSULTANT Please e-mail your cover letter, resume and salary requirements to Jeffrey Hartley, publisher at [email protected]. Please, no walk-ins. www.capjournal.com CLASSIFIEDS
