Agenda

EXHIBIT D

SAMPLE ANNUAL COMPLIANCE CHECKLIST

Name of tax-exempt obligation (“Lease This Annual Compliance Checklstis designed
financing the Financed to cover that certain Equipment Lease
Purchase Agreement (the “Lease Agreement”)
datedas of October 20, 2020, entered into by
and between the City of Nashua, New
Hampshire (the “Issuer”), on behalf of Nashua
School District (the “District”), as lessee, and
Municipal Leasing Consultants, LLC, as lessor

Agreement”)
Assets:

EXHIBIT C-1
LIST OF LOCATIONS FOR FINANCED ASSETS AND BENEFITTED FACILITIES

Nashua High School
8 Titan Way
Nashua, NH 03063

Nashua South High School
36 Riverside Street
Nashua, NH 03062

EXHIBIT C

DESCRIPTION OF EQUIPMENT COMPRISING
THE FINANCED ASSETS AND BENEFITTED FACILITIES|**; REIM BURSEM ENT**]

The Project includes the energy savings improvements, as set forthin the Energy Performance
Contract datedasof_ _, 2020, between Nashua School District and Energy Efficient

Investments, Inc., as described therein and at the locations set forth on Exhibit C-1 attached
hereto.

EXHIBIT B
IRS FORM 8038-G

[Post Closing Item -- To be prepared and filed by Gilmore & Bell./

EXHIBIT A

AMORTIZATION SCHEDULE AND CALCULATION OF
WEIGHTED AVERAGE MATURITY AND YIELD ON THE LEASE AGREEMENT

[To be prepared by Gilmore & Beil.]

IN WITNESS WHEREOF, the undersigned, by execution of this Tax Agreement, here by
makes the foregoing certifications, representations, and agreements contained in this Tax
Agreement on behalf of the Issuer and the District.

CITY OF NASHUA, NEW HAMPSHIRE

By:
Name:
Title: Mayor

NASHUA SCHOOL DISTRICT

By:
Name: Daniel Donovan
Title: ChiefOperating Officer

(h) Enforceability. If any provision in this Tax Agreement or in the Lease Agreement
is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of
the remaining provisions will not be affected or impaired.

(i) Electronic Transactions. The transaction described in this Tax Agreement may
be conducted, andrelated documents may be sent, received and stored, by electronic means.

[Signature page follows. ]

electronically must comply with Section 4.01 of Revenue Procedure 97-22, which generally
provides that an electronic storage system must (1) ensure an accurate and complete transfer
of the hardcopy records which indexes, stores, preserves, retrieves and reproduces the
electronic records, (2) include reasonable controls to ensure integrity, accuracy and reliability
of the electronic storage system and to prevent unauthorized alteration or deterioration of
electronic records, (3) exhibit a high degree of legibility andreadability both electronically and

Agreement, investment of the Lease Agreement Proceeds is limited to placement in an interest-
bearing demand deposit account. If the Yield on investments of the Escrow Fund exceeds
____%, or if the Issuer or the District establishes any sinking or reserve fund for the Lease
Agreement, then the Issuer will contact Special Tax Counsel to seek advice regarding the need
to calculate and pay arbitrage rebate.

Section 6. Use of Financed Assets and Benefitted Facilities.

“State” means the State of New Hampshire.

“Tax Compliance File” means documents and records for the Lease Agreement
maintained by the Compliance Officer pursuant to this Tax Agreement.

“Yield” means the yield on the Lease Agreement, com puted under Regulations § 1.148-
4, and yield on an Investment, computed under Regulations § 1.148-5.

Section 2. Purpose of the Lease Agreement; Reimbursement; Use of Lease
Proceeds.