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2009-12-01
CITY-OF-BATESVILLE
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2009-12-01
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• conformity with the Authorizing Legislation, entitled to the.benefit and security of <br /> the Bond Ordinance; <br /> (d) The execution and delivery of this Agreement and the Bond, the <br /> adoption of the Bond Ordinance and the Tax Ordinance, the levy of the Tax, the <br /> pledge of the Tax collections to the Bond (and to the Financing Fee), and the <br /> carrying out and consummation of the transactions contemplated by this <br /> Agreement and the Bond Ordinance will not conflict with or constitute a breach <br /> of or default under any applicable law or administrative regulation of the State of <br /> Arkansas or the United States or any judgment or decree or any agreement or <br /> other instrument to which the Issuer is a party or is otherwise subject; <br /> (e) There is no action, suit, proceeding or investigation involving the <br /> Issuer before or by any court, public board or body pending or, to the knowledge <br /> of the Issuer, threatened wherein an unfavorable decision, ruling or finding <br /> would: (i) affect the creation, organization, existence or powers of the Issuer or <br /> the titles of its officials to their offices,(ii)enjoin or restrain the issuance, sale and <br /> delivery of the Bond, the levy of the Tax, or the pledge of Tax collections, (iii) in <br /> any way question or affect any of the rights, powers, duties or obligations of the <br /> Issuer with respect to the Tax collections, (iv) in any way question or affect any <br /> authority for the issuance of the Bond or the validity or enforceability of the <br /> Bond, the Bond Ordinance or the Tax Ordinance, or (v) in any way question or <br /> • affect this Agreement or the transactions contemplated by this Agreement, or any <br /> other agreement or instrument relating thereto to which the Issuer is a party; <br /> (f) The Tax has been duly levied under the Authorizing Legislation, <br /> and the Tax collections have been duly pledged to the payment of the Bond (and <br /> the Financing Fee) under the Bond Ordinance pursuant to the authority granted by <br /> the Authorizing Legislation; and <br /> (g) The Issuer will promptly remit each Disbursement to the person or <br /> persons to whom payment is then due and owing. <br /> 10. The Issuer covenants and agrees with the Commission and the Authority: <br /> (a) To comply with all applicable Arkansas and federal statutes and <br /> regulations,including particularly, without limitation,Title XVI; <br /> (b) To utilize and expend the proceeds of the Bond in a timely and <br /> expeditious manner by: (1) utilizing Bond proceeds for eligible Project Costs and <br /> approved issuance costs, (2) proceeding expeditiously with and completing the <br /> Project, and (3) completing all facilities recommended in the approved facilities <br /> plan; <br /> • 5 <br />
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