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2009-12-01
CITY-OF-BATESVILLE
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2009-12-01
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• provided in the Bond Ordinance, which pledge is <br /> valid and enforceable; and <br /> (iv) the interest on the Bond is exempt <br /> from all Arkansas state, county, and municipal <br /> taxes; <br /> (3) A supplemental opinion, dated the date of Closing, <br /> of Bond Counsel, in form and substance satisfactory to the <br /> Commission and the Authority, to the effect that (i) the Bond and <br /> the Bond Ordinance conform in both form and tenor to the <br /> provisions relating thereto summarized in the Term Sheet for the <br /> Project and (ii) if the Bond were being purchased on a tax-exempt <br /> basis, the Bond would not constitute a "private activity bond" <br /> within the meaning of Section 141 of the Internal Revenue Code of <br /> 1986, as amended, and covering such other matters as may be <br /> reasonably requested by the Authority and the Commission; <br /> (4) A certificate dated the date of the Closing and <br /> signed by the Mayor and the City Clerk of the Issuer to the effect <br /> that: (i) the representations and warranties of the Issuer contained <br /> herein are true and correct in all material respects on and as of the <br /> • date of the Closing as if made on the date of the.Closing, (ii) the <br /> Issuer has complied with all agreements and covenants and <br /> satisfied all conditions on its part to be complied with or satisfied <br /> at or prior to the Closing, and (iii) the collections of the Tax have <br /> not been pledged to any other interest-bearing obligation of the <br /> Issuer; <br /> (5) Two counterpart originals of a transcript of all <br /> proceedings relating to the authorization and issuance of the Bond; <br /> and <br /> (6) Such additional legal opinions, certificates, <br /> proceedings, instruments and other documents as the Commission, <br /> the Authority and Bond Counsel may reasonably request to <br /> evidence compliance by the Issuer with legal requirements, the <br /> truth and accuracy, as of the time of Closing, of the representations <br /> of the Issuer herein contained, and the due performance or <br /> satisfaction by the Issuer at or prior to such time of all agreements <br /> then to be performed and all conditions then to be satisfied by the <br /> Issuer. <br /> . 9 <br />
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