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• requirement of prior notice. The Underwriter reserves the right to join with dealers and other <br /> underwriters in offering the Bonds to the public. The Underwriter may offer and sell Bonds to <br /> certain dealers (including dealers depositing Bonds into investment trusts) at prices lower than <br /> the public offering price. <br /> The City has agreed to indemnify the Underwriter against certain civil liabilities in connection <br /> with the offering and sale of the Bonds, including certain liabilities under federal securities laws. <br /> Enforceability of Remedies. Rights of the registered owners of the Bonds and the enforceability <br /> of the remedies available under the Authorizing Ordinance may depend on judicial action and <br /> may be subject to the valid exercise of the constitutional powers of the United States of America <br /> and of the sovereign police powers of the State or other governmental units having jurisdiction, <br /> and to the application of federal bankruptcy laws or other debtor relief or moratorium laws in <br /> general. Therefore, enforcement of those remedies may be delayed or limited, or the remedies <br /> may be modified or unavailable, subject to the exercise of judicial discretion in accordance with <br /> general principles of equity. Bond Counsel expresses no opinion as to any effect upon any right, <br /> title, interest or relationship created by or arising under the Authorizing Ordinance resulting from <br /> the application of state or federal bankruptcy, insolvency, reorganization, moratorium or similar <br /> debtor relief laws affecting creditors' rights which are presently or may from time to time be in <br /> effect. <br /> Rating. Standard & Poor's Ratings Services ("S&P") will assign its municipal bond rating of <br /> "AA-" (stable outlook) to the Bonds. Any explanation of such rating may only be obtained from <br /> S&P. Generally, rating agencies base their ratings upon information and materials supplied to <br /> them and on their own investigations, studies and assumptions. There is no assurance that such <br /> ratings, once assigned, will remain for any given period of time or that they will not be lowered <br /> or withdrawn entirely by the rating agencies if in their judgment circumstances so warrant. Any <br /> • such downward change or withdrawal of the ratings assigned to the Bonds by S&P may have an <br /> adverse effect on the market price of the Bonds. The Underwriter and the City have undertaken <br /> no responsibility after issuance of the Bonds to assure the maintenance of the ratings or to <br /> oppose any such revision or withdrawal. <br /> Information in Official Statement. Any statements made in this Official Statement involving <br /> matters of opinion or of estimates, whether or not so expressly stated, are set forth as such and <br /> not as representations of fact, and no representation is made that any of the estimates will be <br /> realized. This Official Statement is not to be construed as a contract or agreement between the <br /> City and the purchasers or owners of any of the Bonds. <br /> The information contained in this Official Statement has been taken from sources considered to <br /> be reliable, but is not guaranteed. To the best of the knowledge of the undersigned the Official <br /> Statement does not include any untrue statement of a material fact, nor does it omit the statement <br /> of any material fact required to be stated therein, or necessary to make the statements therein, in <br /> light of the circumstances under which they were made, not misleading. <br /> The execution of this Official Statement has been duly authorized by the City. <br /> CITY OF BATESVILLE, ARKANSAS <br /> By/s/ <br /> M <br /> Dated: As of the Cover Page hereof. <br /> 27 <br />