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CITY OF SOUTH BEND, INDIANA <br />BY: <br />Stephen J. Luecke, Mayor <br />COUNTERSIGNED: <br />Frederick B. Ollett, III, Controller <br />(SEAL) <br />ATTEST: <br />Loretta J. Duda <br />[End of form of Warrant] <br />Section VIII. The City Controller is hereby authorized and directed to have the new <br />Warrants prepared, and the Mayor, the City Controller, and the City Clerk are hereby authorized and <br />directed to execute all new Warrants in the manner and substantially the form provided in this <br />Ordinance. <br />Section IX. The City Controller is hereby authorized to deliver the new Warrants to the <br />Purchaser, upon receipt from the Purchaser of payment in accordance with the terms of the new <br />Warrant Purchase Agreement. <br />Section X. The City Controller and other appropriate officers of the City are hereby <br />authorized and directed to make such filings and requests, deliver such certifications, execute and <br />deliver such documents and instruments, and otherwise take such actions as are necessary or <br />appropriate to carry out the terms and conditions of this Ordinance and the actions authorized hereby <br />and thereby. <br />Section XI. The City hereby covenants that the City and its officers shall not take any action <br />of fail to take any action with respect to the proceeds of any of the new Warrants or any investment <br />earnings thereon which would result in constitution any of the Warrants as "arbitrage bonds" under <br />the Code and any and all final or proposed regulations or rulings applicable thereto, or which would <br />otherwise cause the interest on any of the new Warrants to cease to be excludable from gross income <br />for purposes of federal income taxation; and the City Controller and all other appropriate officers <br />are hereby authorized and directed to take any and all actions and to make and deliver any and all <br />reports, filings, and certifications as may be necessary or appropriate to evidence, establish, or ensure <br />such continuing exclusion of the interest on the new Warrants. <br />Section XII. All resolutions and ordinances in conflict herewith are, to extent of such <br />-5- <br />