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'. Page 2 Seiberling has affirmatively so represented to Lessor; and WHEREAS, the Lessee is not prohibited under the terms of any outstanding Trust Indentures, Deeds of Trust, Mortgages or other instruments from entering into the terms of this Lease Agreement and discharging all covenants, provisions and obligations on the part of Lessee hereunder, and hereby affirmatively so represents to Lessor; and WHEREAS, Seiberling is not prohibited under the terms of any outstanding Trust Indentures, Deeds of Trust, Mortgages or other instruments from unconditionally guaranteeing the performance of all of the covenants and obligations of Lessee in this Lease Agreement set forth and by the execution of said separate instru- ment embodying said unconditional guarantee has affirmatively so represented to Lessor; and WHEREAS, Independence County, Arkansas is issuing General Obligation Industrial Development Bonds under the provisions of Amendment No. 49 to the Constitution of the State of Arkansas in the unconverted principal amount of $500,000, dated March 1, 1960, (which bonds of Independence County will hereinafter some- times be referred to as the "Amendment No. 49 Bonds" and the holders of said bonds will hereinafter sometimes be referred to as the "Amendment No. 49 Bondholders"), and is making all of the proceeds of the sale thereof available for the purpose of providing for part of the project costs (as defined in Section 108), and Lessor is issuing Industrial Development Revenue Bonds under the pro- visions of Act No. 9 of the First Extraordinary Session of the Sixty -Second General Assembly of the State of Arkansas, approved January 21, 1960, in the unconverted principal amount of $900,000, dated March 1, 1960, (which bonds will hereinafter sometimes be referred to as the "Act No. 9 Bonds" and the holders of said bonds will be hereinafter sometimes referred to as the "Act No. 9 Bond- holders") for the purpose of providing for that part of the cost of the project costs not covered by the said Amendment No. 49 Bonds and not paid for by Lessee, it being understood that Amendment No. 49 Bonds and Act No. 9 Bonds shall mean and include only said bonds, the proceeds of which are used solely for the project costs; and WHEREAS, Independence County is levying and collecting a continuing annual tax of five (5) mills, the proceeds of which