1994-05-17 Resolution 91 - Laserfiche WebLink

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