| (B) Proposed approval letter. Each application shall
contain the proposed approval letter in the same form and content
to which it is desired the Office give its approval.
(c) Final transcript of proceedings.
(1) Executed documents. If the Office gives approval
to an application, upon delivery of the bonds described in the application,
there shall be submitted to the Office a final transcript of proceedings,
containing a copy of the application, and the following instruments.
(A) Certificate of issuer. A certificate signed by
an officer of the issuer substantially to the effect that:
(i) as of the closing date there has been no material
adverse change in the affairs of the issuer from that described in
the application for approval to the Office or otherwise disclosed
to and approved by the Office; and
(ii) the instruments provided to the Office pursuant
to subsection (b)(2)(B) and (3) of this section, as executed and delivered
by the respective parties, are substantially in the form previously
approved by the Office.
(B) Certificate of user. A certificate signed by an
officer of the user substantially to the effect that:
(i) as of the closing date there has been no material
adverse change in the affairs of the user from that described in the
application for approval to the Office or otherwise disclosed to and
approved by the Office; and
(ii) the instruments provided to the Office pursuant
to subsection (b)(2)(B) and (3) of this section, as executed and delivered
by the respective parties, are substantially in the form previously
approved by the Office.
(C) Certificate of guarantor. A certificate for each
guarantor signed by an officer of the guarantor substantially to the
effect that, as of the closing date, there has been no material adverse
change in the affairs of the guarantor from that described by the
application or otherwise disclosed to and approved in writing by the
Office.
(D) Opinions of counsel. Executed opinions of counsel,
in substantially the forms previously approved by the Office in accordance
with subsection (b)(2)(C), (4)(C), (5)(B), and (6)(D) of this section
and the opinion of the attorney general authorizing the issuance of
the bonds.
(E) Investment letter. As appropriate, executed investment
letters from the original purchasers of the bonds, or the purchasers
of the bonds from the underwriter, in substantially the form previously
approved by the Office in accordance with subsection (b)(6)(B) of
this section, or if appropriate, subsection (b)(6)(C) of this section.
(F) Issuance and delivery notification. Within five
days of issuance and delivery of bonds a certified letter signed by
an officer of the issuer, addressed to the Office stating bonds are
issued and delivered including the following information:
(i) time;
(ii) date; and
(iii) location.
(G) Other agreements. Executed copies of all agreements
in substantially the same form as originally submitted in the application
in compliance with subsection (b)(7) of this section.
(H) Additional information. The Office may require
additional information at any time as a precondition to conditional
or final approval, or otherwise, and the costs thereof shall be borne
by the user.
(2) Filing of transcript of proceedings. The Office
requires a complete transcript of all proceedings relating to the
authorization, issuance, sale, and delivery of the bonds to be bound
as a permanent record, spine labeled as to issue, amount and date,
and be submitted to it within 45 days after the bond closing. This
requirement is not a precondition to final approval by the Office;
however, the Office will not review any additional applications submitted
by the issuer until such complies with this requirement, unless an
application is submitted within the 45 day time period. The binding
shall be of such quality as will preserve the enclosures for the term
of the bonds.
|
| Source Note: The provisions of this §180.2 adopted to be effective October 13, 1981, 6 TexReg 3632; amended to be effective August 16, 1984, 9 TexReg 4178; amended to be effective October 1985; amended to be effective April 29, 1986, 11 TexReg 1823; amended to be effective February 19, 1988, 13 TexReg 605; amended to be effective March 23, 1990, 15 TexReg 1291; amended to be effective August 30, 1990, 15 TexReg 4694; amended to be effective September 29, 1999, 24 TexReg 8161; amended to be effective August 5, 2012, 37 TexReg 5730 |
