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s; i .03. The Refunded Notes maturing on December 15, 2016 will be redeemed and prepaid won June 15, 2006. The Refunded Notes will be redeemed and prepaid in accordance with their tr~oon s and in accordance with the terms and conditions set forth in the notice of call for redem n delivered to the holders of the Refunded Notes on December 15, 2016 pursuant to Resol No. 6-124 of the City approved December 12, 2006. 11 $ection 5. Authentication of Transcript. ~.01. The officers of the City are authorized and directed to prepare and furnish to the Purch ° r and to the attorneys approving the Bonds, certified copies of proceedings and records of the ity relating to the Bonds and to the financial condition and affairs of the City, and such other rtificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relatin to the validity and marketability of the Bonds, and such instruments, including any hereto re furnished, will be deemed representations of the City as to the facts stated therein. I f.02. The Mayor, City Manager and Finance Director are authorized and directed to certify hat they have examined the Official Statement prepared an d circulated in connection with tl h- issuance and sale of the Bonds and that to the best of their knowledge and belief the Offici 1 Statement is a complete and accurate representation of the facts and representations made erein as of the date of the Official Statement. ection 6. Tax Covenant. .01. The City covenants and agrees with the holders from time to time of the Bonds that it 111 not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Reven Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure at such interest will not become subject to taxation under the Code and applicable Treas Regulations, as presently existing or as hereafter amended and made applicable to the Bonds ~.02. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitat ns on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess~twestment earnings to the United States. ' .03. The City further covenants not to use the proceeds of the Bonds or to cause or permit em or any of them to be used, in such a manner as to cause the Bonds to be "private activit 'bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 310072v1 1 JB NE136-214 14 9