Agenda - Council - 08/13/2013 - Laserfiche WebLink

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has occurred since the date of the Official Statement which should be disclosed in the Official Statement, for the purpose for which it is to be used or which should be disclosed therein in order to make the statements and information therein not misleading in any material respect; (D) the information in the Official Statement concerning the Borrower, the School, the Project (including sources and uses of funds), the Borrower's participation in the transactions contemplated by the Borrower Documents and Bondholders' Risks is true, accurate and complete in all material respects; (E) all resolutions and other actions required to be approved or taken by or on behalf of the Borrower authorizing and approving the transactions described or contemplated in this Bond Purchase Agreement or in the Official Statement, the execution of or approving of the respective forms of, as the case may be, this Bond Purchase Agreement, the Indenture, the Borrower Documents and the Bonds have been duly approved by the Borrower, are in full force and effect and have not been modified, amended or repealed; (F) the Borrower has all necessary licenses, approvals, accreditations and permits presently required under federal, state and local laws to own and operate its facilities; (G) the Borrower is a nonprofit corporation organized and validly existing under the laws of the State of Minnesota with full power and authority to own its properties and conduct its business; and (H) there are no adverse IRS determinations and no proceedings are pending or, to the knowledge of such officer, threatened in any way contesting or affecting the Borrower's status as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), or which would subject any income of the Borrower to federal income taxation; (vii) A certificate of the School, signed by an officer of the School, dated the date of the Closing, to the effect that (A) the representations, warranties and agreements of the School contained herein and in the School Documents are true and correct in all material respects as of the date of Closing; (B) to the knowledge of the School, no litigation is pending or threatened, (1) seeking to restrain or enjoin the issuance or delivery of any of the Bonds or the collection of revenues or other security pledged under the Indenture, (2) in any way contesting or affecting any authority for the issuance of the Bonds or the validity of the Bonds, the Resolution, the Indenture, or any of the School Documents, or (3) in any way contesting the existence or powers of the School; (C) no event affecting the School has occurred since the date of the Official Statement which should be disclosed in the Official Statement , of the purpose for which it is to be used or which should be disclosed therein in order to make the statements and information therein not misleading in any material respect; (D) the information in the Official Statement concerning the School, the Project (including sources and uses of funds), the School's participation in the transactions contemplated by the School Documents and Bondholders' Risks is true, accurate and complete in all material respects; (E) all resolutions and other actions required to be approved or taken by or on behalf of the School authorizing and approving the transactions described or contemplated in this Bond Purchase Agreement or in the Official Statement, the execution of or approving the respective forms of, as the case may be, this Bond Purchase Agreement, the Indenture, the School Documents and the Bonds have been duly approved by the Board of Directors of the School, are in full force and effect and have not been modified, amended or repealed; (F) the School has all necessary licenses, approvals, accreditations and permits presently required under federal, state and local laws to operate its facilities; (G) the School is a nonprofit corporation organized and validly existing under the laws of the -12-