Laserfiche WebLink
11 <br /> <br />(h) The Borrower shall not use or operate the Project in any way which would <br />affect the qualification of the Project under the Act or impair the exclusion from gross income <br />for federal income tax purposes of the interest on the Project Bonds. <br />(i) The representations contained in the Tax Certificate (which is incorporated <br />herein by this reference thereto) are true and correct and the Borrower will observe t he covenants <br />contained therein as fully as if set forth herein. <br />(j) The Initial BSBY Rate Bond Purchaser does not control, either directly or <br />indirectly through one or more intermediaries, the Borrower. Likewise, the Borrower does not <br />control, either directly or indirectly through one or more intermediaries, the Initial BSBY Rate <br />Bond Purchaser. “Control” for this purpose has the meaning given to such term in Section 2(a)(9) <br />of the Investment Company Act of 1940, as amended and as interpreted by the Securities and <br />Exchange Commission. (Under such Section 2(a)(9), “control” means the power to exercise a <br />controlling influence over the management or policies of a company, unless such power is solely <br />the result of an official position with such company. Any person who owns beneficially, either <br />directly or through one or more controlled companies, more than 25% of the voting securities of <br />a company shall be presumed to control such company. Any person who does not own more <br />than 25% of the voting securities of any company shall be presumed not to control such <br />company.) The Borrower agrees to provide written notice to the Trustee, the Remarketing Agent <br />and the Bondholders of any transaction that would result in the Borrower controlling or being <br />controlled by the Initial BSBY Rate Bond Purchaser. The Borrower agrees to provide such <br />notice thirty days prior to the consummation of such transaction. <br />(k) The Borrower represents that the Bond Purchase and Covenant <br />Agreement and the documents referenced therein constitute the entire agreement between the <br />Borrower and the Initial BSBY Rate Bond Purchaser respecting the Loan. <br />(l) The Borrower covenants that it will not take any action, directly or <br />indirectly (including, but not limited to, any amendment to the Bond Purchase and Covenant <br />Agreement), nor fail to take any action, directly or indirectly, which would cause any payment <br />under the Letter of Credit to be a voidable preference under Section 547 of Title 11 of the United <br />States Code, U.S.C. §101 et. seq. (the “Bankruptcy Code”) which is recoverable under Section <br />550(a) of the Bankruptcy Code in the event of the filing of a petition in bankruptcy by or against <br />the Borrower or the Issuer. <br />ARTICLE III <br />COMPLETION OF THE PROJECT; <br />ISSUANCE OF THE PROJECT BONDS <br />Section 3.1. Acquisition, Construction and Installation of the Project. The Borrower <br />acquired, constructed and installed the property comprising the Project with all reasonable <br />dispatch, all on the Project Site and substantially in accordance with the Plans and <br />Specifications. The Borrower (a) paid when due (or reimbursed itself for prior expenditures made <br />to pay) all fees, costs and expenses incurred in connection with the foregoing from funds made <br />available therefore in accordance with the Original Agreement, the First Amended and <br />Restated Agreement, the Second Amended and Restated Agreement and this Third Amended