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<br />I <br />i! <br /> <br />Section 6. <br /> <br />Miscellaneous. <br /> <br />6.01. T,he City covenants and agrees with the Owners from time to time of the Series <br />2002A Bonds that the investment of proceeds of the Series 2002A Bonds, including the investment <br />of any revenues pledged to the Lease Payments which are considered proceeds under applicable <br />regul<1.tions, and accumulated sinking funds, if any, shall be limited as to amount and yield in such <br />manner that the Series 2002A Bonds shall not be "arbitrage bonds" within the meaning of Section <br />148 of the futernal Revenue Code of 1986, as amended, and applicable regulations thereunder, and <br />that the City shall comply with all other applicable requirements of Section 148. On the basis of the <br />existUtg facts, estimates and circumstances, including the foregoing findings and covenants, the City <br />hereby certifies that it is not expected that the proceeds of the Series 2002A Bonds will be used in <br />such manner as to cause the Series 2002A Bonds to be "arbitrage bonds" under Section 148 and any <br />regull:!-tions thereunder. The Site, the Facilities and the proceeds of the Series 2002A Bonds will <br />likewise be used in such manner that the Series 2002A Bonds will not be "private activity bonds" <br />under Section 141 of the Internal Revenue Code of 1986, as amended, and applicable regulations. <br /> <br />6.02. The officers of the City are authorized and directed to prepare and furnish to the <br />ori~l purchaser of the Series 2002A Bonds, and to the attorneys approving the Series 2002A <br />Bonds, certified copies of all proceedings and records of the City relating to the power and authority <br />of the City to enter into the Ground Lease and the Lease within their knowledge or as shown by the <br />books and records in their custody and control, and such certified copies and certificates shall be <br />deemed representations of the City as to the facts stated therein. <br /> <br />6.03. The City covenants that it will file (or cause the Authority to file) with the Internal <br />Revenue Service the information required under Section 149(e) of the Internal Revenue Code of <br />1986. <br /> <br />· 6.04. Capitalized terms used herein and defined in the Lease or the fudenture have the <br />meaniJngs given in the Lease or the fudenture. <br /> <br />Section 7. <br />adoption. <br /> <br />Effective Date. This resolution shall be effective immediately upon its final <br /> <br />SJB-211ZQ6vl <br />NE136-17p <br />