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1994-05-17 Resolution 91
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1994-05-17 Resolution 91
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permits, consents and orders as may be required under the blue sky or securities laws of any <br />• state in connection with the offering and sale of the Bonds; <br />6) There is no action, suit, proceeding, inquiry or investigation of any nature, <br />at law or in equity, before or by any court, governmental agency, public board or body <br />pending or, to the knowledge of the Issuer, threatened, seeking to restrain or enjoin the <br />issuance, sale, execution or delivery of the Bonds or the performance of any of the covenants <br />contained in this Contract or in any way questioning or affecting (i) the transactions <br />contemplated by the Bonds, the Resolutions, this Contract, the Trust Agreement, the Lease <br />or the Official Statement, (ii) the right or authority of the Issuer to pay the Bonds, the right <br />or authority of the Commission to pay rentals under the Lease or the right or authority of the <br />Issuer. or the Commission to otherwise carry out the terms and provisions of the Resolutions, <br />the Bonds, this Contract, the Trust Agreement, the Lease, or (iii) the validity of the Bonds, <br />this Contract, the Trust Agreement or the Lease; and neither the existence of the Issuer or <br />the Commission nor the right of the officers or directors of the Issuer or the Commission are <br />being contested, and no authority or proceeding for the issuance of the Bonds has been <br />repealed, revoked or rescinded; <br />(k) As of the Closing Date, the total outstanding indebtedness of the issuer will <br />not exceed any applicable constitutional or statutory limitation on such indebtedness; <br />(1) The Issuer shall furnish such information, execute such instruments and take <br />such other action in cooperation with the Representative as the Representative may reasonably <br />• request in order to (i) qualify the Bonds for offer and sale under the blue sky or other <br />securities laws and regulations of such states and other jurisdictions of the United States as <br />the Underwriters may designate and (ii) determine the eligibility of the Bonds for investment <br />under the laws of such states and other jurisdictions, and shall use its best efforts to continue <br />such qualifications in effect as requested by the Representative so long as required for the <br />distribution of the Bonds; provided, however, that the Issuer shall not be required to execute <br />a general or special consent to service of process or qualify to do business in connection with <br />any such qualification or determination in any jurisdiction; <br />(m) As of the date thereof and at all times subsequent thereto until and including <br />the date hereof, the Preliminary Official Statement did not and does not contain any untrue <br />statement of a material fact or omit to state any material fact required to be stated therein or <br />necessary to make the statements therein, in the light of the circumstances in which they were <br />made, not misleading; <br />(n) As of the date hereof and at all times subsequent thereto until and including <br />the Closing Date, the Official Statement, together with any and all amendments and <br />supplements thereto pursuant to paragraph (o) of this Section 5, does not and will not contain <br />any untrue statement of a material fact or omit to state any material fact required to be stated <br />therein or necessary to make the statements therein, in the light of the circumstances in which <br />they were made, not misleading; <br />(o) If between the date of this Contract and the Closing Date any event occurs <br />• which might cause the Official Statement to contain an untrue statement of a material fact or <br />to omit to state a material fact required to be stated therein or necessary to make the <br />-4- <br />
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