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1994-05-17 Resolution 91
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1994-05-17 Resolution 91
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• any Bond nor any error in the printing of such numbers shall. constitute cause for a failure or refusal <br />by the Underwriters to accept delivery of and pay for any Bonds. <br />Section 7. Closing Conditions. The Representative, on behalf of the Underwriters, has <br />entered into this Contract in reliance upon the representations, warranties and agreements of the <br />Issuer contained herein, and in reliance upon the representations and warranties to be contained in <br />the documents and instruments to be delivered at the Closing and upon the performance by the Issuer <br />of its obligations hereunder, both as of the date hereof and as of the Closing Date. Accordingly, the <br />Underwriters' obligations under this Contract to purchase, to accept delivery of and to pay for the <br />Bonds shall be conditioned upon the performance by the Issuer of its obligations and agreements to <br />be performed hereunder and under such documents and instruments at or prior to the Closing, and <br />shall also be subject to the following additional conditions: <br />(a) The representations and warranties of the Issuer contained in this Contract <br />shall be true, complete and correct on this date and on the Closing Date, as if then made; <br />(b) The Issuer and the Commission shall have taken all action required for the <br />valid authorization, sale, issuance and delivery of the Bonds pursuant to and in accordance <br />with the Indiana Code, all such action shall be in full force and effect, and the Bonds shall <br />be as described in and issued under, pursuant to and in accordance with the Trust Agreement; <br />(c) The Official Statement shall have been duly executed and shall not have been <br />supplemented or amended, except as may have been approved by the Underwriters pursuant <br />• to the terms hereof; <br />(d) This Contract shall be in full force and effect in accordance with its terms and <br />shall not have been amended, modified or supplemented in any respect, except as may have <br />been approved by the Underwriters; <br />(e) There shall have been adopted and be in full force and effect such resolutions <br />and ordinances authorizing the transactions contemplated by this Contract as may reasonably <br />be required by the Underwriters; <br />(f) The Issuer and the Commission shall perform or have performed all of their <br />respective obligations required under or specified in this Contract, the Bonds, the <br />Resolutions, the Trust Agreement and the Lease to be performed at or prior to the Closing; <br />and <br />(g) The Representative shall have received copies of each of the following <br />documents in such number as shall be requested and in form and substance satisfactory to the <br />Underwriters: <br />(i) The executed Official Statement and each supplement or amendment, <br />if any, thereto; <br />(ii) An opinion of Baker & Daniels, bond counsel ( "Bond Counsel "), <br />• dated the Closing Date, in substantially the form contained in the Official Statement, <br />with such changes as the Underwriters shall reasonably approve, together with a letter <br />M <br />
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