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1994-05-17 Resolution 91
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1994-05-17 Resolution 91
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statements therein, in the light of the circumstances in which they were made, not <br />• misleading, the Issuer shall notify the Representative, and if in the opinion of the <br />Underwriters such event requires the preparation and publication of a supplement or <br />amendment to the Official Statement, the Issuer shall at its sole expense supplement or amend <br />the Official Statement in a form and in a manner approved by the Underwriters; <br />(p) After the Closing Date, (i) the Issuer shall not participate in the issuance of <br />any amendment of or supplement to the Official Statement to which, after having been <br />furnished with a copy, one or more of the Underwriters shall object in writing, and (ii) if, <br />within ninety (90) days after the Closing Date, any event relating to or affecting the Issuer, <br />the Commission, the Redevelopment District or the City occurs as a result of which it is <br />necessary, in the opinion of the Underwriters, to amend or supplement the Official Statement <br />in order to make the Official Statement not misleading in the light of the circumstances <br />existing at the time it is delivered to a purchaser, the .Issuer shall forthwith prepare and <br />furnish to the Underwriters, at the sole expense of the Issuer, a reasonable number of copies <br />of an amendment of or supplement to the Official Statement (in form and substance <br />satisfactory to Underwriters) that will amend or supplement the Official Statement so that, <br />at the time the Official Statement is delivered to purchasers, it will not contain an untrue <br />statement of a material fact or omit to state a material fact that is required to be stated therein <br />or is necessary to make the statements therein, in the light of the circumstances in which they <br />were made, not misleading; and for the purposes of this paragraph (p), the Issuer shall <br />furnish such information with respect to the Issuer, the Commission, the Redevelopment <br />District and the City as the Underwriters may from time to time request; <br />• (q) The Issuer shall not take any action, or omit to take any action, or permit any <br />action to be taken or omitted, that would result in the interest on the Bonds being includa ble <br />in gross income under Section 103 of the Internal Revenue Code of 1986, as amended and <br />as then in effect; <br />(r) Any certificate signed by any officer of the Issuer and delivered to the <br />Representative in connection with the transactions contemplated hereby shall be deemed to <br />be a representation by the Issuer to the Underwriters as to the truth of the statements <br />contained in such certificate; and <br />(s) The Issuer is not in default nor has it been in default any time as to principal or <br />interest with respect to any obligation issued by the Issuer, or any successor thereof. <br />Section 6. Closing. The Bonds shall be delivered to the Representative at the offices of <br />Baker & Daniels, South Bend, Indiana, or at such other place as may be specified by the <br />Representative, on or before June 15, 1994, or such other date as may be agreed upon by the Issuer <br />and the Representative (the Closing Date"), at which time the Underwriters, subject to the terms <br />and conditions of this Contract, will pay the purchase price of the Bonds in full in clearing house <br />funds. The Bonds shall be printed or lithographed on steel engraved borders, shall be in fully <br />registered form and in such authorized denominations and registered in such names as the <br />Representative may request at least five (5) business days prior to the Closing Date, and, if the <br />Representative shall so request, shall be made available to the Representative at least one (1) business <br />• day before the Closing for purposes of inspection and packaging. It is anticipated that CUSIP <br />Identification numbers will be printed on the Bonds, but neither the failure to print such numbers on <br />-5- <br />
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