|
7
<br />
<br />8.4 hereof and to give or withhold consent to amendments, changes, modifications, alterations and
<br />the termination of this Agreement under Section 8.6 hereof.
<br />Section 1.3. Interpretation. Any reference herein to the Issuer or to any member or
<br />officer thereof includes entities or officials succeeding to their respective functions, duties or
<br />responsibilities pursuant to or by operation of law or lawfully performing their respective
<br />functions.
<br />Any reference to a section or provision of the Constitution of the State or the Act, or
<br />to a section, chapter, article or title of the Indiana Code or to any statute of the United States of
<br />America, includes that section, chapter, article, title or statute as amended, modified, revised,
<br />supplemented or superseded from time to time; provided, that no amendment, modification,
<br />revision, supplement or superseding section, chapter, article, title or statute shall be applicable
<br />solely by reason of this provision if it constitutes in any way an impai rment of the rights or
<br />obligations of the Issuer, the Holders, the Trustee, the Bank, if any, the Confirming Bank, if
<br />any, the Initial BSBY Rate Bond Purchaser, or the Borrower under this Agreement.
<br />Unless the context indicates otherwise, words importing t he singular number include
<br />the plural number, and vice versa. The terms “hereof’, “hereby”, “herein”, “hereto”,
<br />“hereunder” and similar terms refer to this Agreement, and the term “hereafter” means after, and
<br />the term “heretofore” means before, the date of delivery of the Project Bonds. Words of any gender
<br />include the correlative words of the other genders, unless the sense indicates otherwise.
<br />Section 1.4. Captions and Headings. The captions and headings in this Agreement are
<br />solely for convenience of reference and in no way define, limit or describe the scope or intent
<br />of any Articles, Sections, subsections, paragraphs, subparagraphs or clauses hereof.
<br />ARTICLE II
<br />REPRESENTATIONS, WARRANTIES AND COVENANTS
<br />Section 2.1. Representations, Warranties and Covenants of the Issuer. The Issuer
<br />represents and warrants that:
<br />(a) It is a political subdivision of the State.
<br />(b) It has full legal right, power and authority pursuant to the Act to finance the
<br />Project through the issuance of the Project Bonds and has given any necessary notices and has
<br />taken all other steps and followed all procedures required by the Constitution and laws of the State
<br />(including the Act) in connection therewith.
<br />(c) It has full legal right, power and authority to (i) execute, deliver and
<br />perform the Original Agreement, the First Amended and Restated Agreement, the Second
<br />Amended and Restated Agreement and this Third Amended and Restated Agreement, the Bond
<br />Purchase and Covenant Agreement, the Amended and Restated Bond Purchase and Covenant
<br />Agreement, the Letter of Representations, the Original Indenture, the Amended and Restated
<br />Indenture, the Second Amended and Restated Indenture and the Third Amended and Restated
<br />Indenture, (ii) issue, sell and deliver the Project Bonds and (iii) carry out and consummate all
<br />other transactions contemplated by the Original Agreement, the First Amended and Restated
|