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For Bond Issue A, Seton Hall University issues 2008 D & E, Rebate calculations were done for the period from December 11, 2008 through June 30, 2013. Part I, Column(f) Description of Purpose 1. Bond Issue A -- Seton Hall University Issues, 2008 Series D & E,(CUSIP numbers 646065WZ1 and 646065XQ0) were issued by the New Jersey Educational Facilities Authority (NJEFA) to currently refund Seton Hall University Issues, 2005 Series C and 2006 Series A. The 2005 Series C issue was issued on August 18, 2005 by the NJEFA to finance capital improvements at the University. The 2006 Series A issue was issued on June 1, 2006. It refunded the University's 1996 Series E issue, which was for capital improvements and for refunding the University's 1989 Series C issue, which was for capital improvements. The 2008 Series D & E issues were treated as a single issue for tax purposes. Amounts reported in Schedule K herein are for the combined issue. All proceeds deposited in the refunding escrows have been spent. The issue price in Part I, column E, of $73,939,881 plus $8,217 of interest earnings at the time of issue and $685,153 of project funds remaining from the 2005 and 2006 bonds at the time of the refunding, which were transferred to the 2008 Series D & E Bonds, equals the Part II, line3, total proceeds of the issue of $74,633,251. All of the $685,153 has been used for capital expenditures. In 2005, the University entered into two long-term interest rate swap agreements with Citibank, N.A. in order to hedge interest rate exposure related to their 2005 Series C and 2006 Series A issues. Following the refunding of the 2005 and 2006 issues with 2008 Series D & E, the interest rate swap agreements remained in place, following an amendment, in order to hedge interest rate exposure for the 2008 Series D issue. The swap agreements expire concurrently with the maturity of the 2008 Series D bonds, the last of which mature on July 1, 2037. 2. Bond Issue B - Seton Hall University Issue, 2009 Series C, was issued by NJEFA to currently refund Seton Hall University issue, 1998 Series F, issued on June 29, 1998 by the NJEFA to refund a 1991 Series D Seton Hall University issue that financed capital improvements at the University. The 2009 Series C Bonds were sold directly to Capital One, N.A. As part of its 2005 financing plan, the University also entered into an agreement with Citibank, N.A. to refinance the 1998 Series F Bonds in fiscal year 2008 using a forward starting interest rate swap. The forward starting interest rate swap became effective in April 2008. The refinancing of its 1998 Series F Bonds occurred in November 2009 with the swap being amended at that time. The swap agreement expires concurrently with the maturity of the 2009 Series C Bonds, the last of which matures on July 1, 2021. 3. Bond issue C - Seton Hall University Issue, 2011 Series A, (CUSIP number 646065U83) was issued by the New Jersey Facilities Educational Authority (NJEFA) to currently refund Seton Hall University's 1999 Refunding, 2001 Series A, 2001 Series B, and 2001 Series G bond issues. The 1999 Refunding issue was issued in July 1999 to refund the University's 1991 Series D and 1989 Series C issues. The 1991 Series D and the 1989 Series C issues were issued to finance capital improvements. The 2001 Series A issue was issued in June 2001 to refund the University's 1991 Series A issue which refunded the University's 1985 Series A issue which was issued to finance capital improvements. The 2001 Series B issue was issued in June 2001 to refund the University's 1991 Series B issue which was issued to refund the University's 1988 Series B issue which was issued to refund the University's 1976 Series A issue and to finance capital improvements. The 1976 Series A issue was issued to finance capital improvements. The 2001 Series G issue was issued in June 2001 to finance capital improvements. 4. Bond Issue D - These bonds were issued by NJEFA pursuant to a program of the State of New Jersey to finance capital improvements at institutions of higher education. The bonds were issued in the principal amount of $76,725,000 which was allocated to a total of seven institutions in New Jersey, three public and four private. An 8038 was filed for the portion of the issue allocated to private institutions and a separate 8038-G was filed for the portion allocated to public institutions. Seton Hall's apportioned amount, after $115,491 of apportioned issuance and credit enhancement costs, was $7,690,209. Of this amount $78,458 was allocated to capitalized interest. The remainder that was received by Seton Hall was $7,611,751, of which $3,805,875 was a grant and $3,805,876 was repayable over 20 years. Bonds issued to finance grants must be approved by the State Treasurer and are repayable by the State subject to appropriation. The bonds are sold based on the credit of the State. Each grantee enters into a grant agreement obligating the grantee to pay 1/2 of the debt service on the bonds allocable to the grant. On October 26, 2006, NJEFA issued Capital Improvement Bonds, Series 2006 A to partially refund the 2004 A Bonds and other series of Capital Improvement Fund Bonds. At that time, the amounts payable by each grantee were adjusted to take account of allocable debt service savings. The CUSIP number and issue date shown in Part I of Schedule K are for the Series 2004 A Bonds. The NJEFA has further information about the total bond issue. Seton Hall spent the entire amount of bond proceeds allocated to it on capital improvements on the University's campus. Seton Hall University does not use any of its debt financed property to undertake a non-exempt activity. The amounts reported on Schedule K, Part III, Line 5 represent the bond issuance and credit enhancement costs from Schedule K, Part II, Lines 7 and 8 divided by the amount on Part II, Line 3, total proceeds of issue. The University has responded "Yes" to Schedule K, Part IV, line 2a, which asks if an exception to rebate applys. This response is predicated on the University's spending of its apportioned grant and loan amount of $7,611,751 as part of this bond issue. |