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(c) Disbursements shall be for costs incurred prior to the <br /> Disbursement Cut-Off Date, and no Disbursements shall be made following the <br /> Disbursement Cut-Off Date; <br /> (d) Disbursements shall be made for eligible work called for in the <br /> engineering services contract and in the plans and specifications approved by the <br /> Commission and Bond issuance costs eligible under Title XVI of the Rules of the <br /> Commission, as now or hereafter amended ("Title XVI"); and <br /> (e) All requests for Disbursements must be made in accordance with <br /> Title XVI and shall be made by forwarding a completed copy of a Disbursement <br /> Request, in the form attached as Exhibit C hereto, to the Commission's Water <br /> Resources Development Division, along with the documentation for eligible <br /> Project Costs incurred since the last Disbursement Request and not previously <br /> submitted. <br /> 8. The parties hereto acknowledge that the Authority intends to pledge the <br /> Bond to secure payment of the Authority's wastewater system revolving loan fund revenue bonds <br /> (the "ADFA Bonds"). The Authority agrees not to make any other transfer or attempt to transfer <br /> the Bond without the prior written consent of the Commission and without written disclosure to the <br /> transferee that the interest on the Bond is includable in gross income for federal income tax <br /> purposes. Upon transfer of the Bond, the Authority and the Commission may assign their rights <br /> hereunder to the new owner of the Bond without consent of the Issuer. <br /> 9. The Issuer represents and warrants to, and agrees with, the Authority and the <br /> Commission that: <br /> (a) The Issuer is a city of the first class, duly organized and existing <br /> under the laws of the State of Arkansas, and has, and at the date of Closing will <br /> have, full legal right, power, and authority (i) to enter into this Agreement, (ii) to <br /> adopt the Bond Ordinance and the Tax Ordinance, (iii) to issue, sell and deliver <br /> the Bond to the Authority as provided herein, (iv) to levy the Tax and pledge the <br /> Tax collections, and (v) to carry out and consummate the transactions <br /> contemplated by this Agreement and the Bond Ordinance; <br /> (b) The Issuer has complied, and will at the date of Closing be in <br /> compliance, in all respects, with the Authorizing Legislation; <br /> (c) By adoption of the Bond Ordinance pursuant to the Authorizing <br /> Legislation, the Issuer has duly authorized and approved the execution and <br /> delivery of, and the performance by the Issuer of the obligations contained in, the <br /> Bond and this Agreement and, when delivered to and paid for by the Authority at <br /> the Closing in accordance with the provisions of this Agreement, the Bond will <br /> have been duly authorized, executed, issued, and delivered and will constitute a <br /> valid and binding obligation of the Issuer in accordance with its terms, in <br /> 4 <br />