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23. Records and Certificates. The officers of the City are hereby authorized and <br /> directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the <br /> issuance of the Bonds, certified copies of all proceedings and records of the City relating to the <br /> Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates <br /> and information as are required to show the facts relating to the legality and marketability of the <br /> Bonds as the same appear from the books and records under their custody and control or as <br /> otherwise known to them, and all such certified copies, certificates and affidavits, including any <br /> heretofore furnished, shall be deemed representations of the City as to the facts recited therein. <br /> 24. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby <br /> covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to <br /> be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a <br /> manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 <br /> and 141 through 150 of the Code. <br /> 25. Tax-Exempt Status of the Bonds; Rebate. <br /> (a) Allocation to the Tax Increment Portion of the Bonds. The City shall comply with <br /> requirements necessary under the Code to establish and maintain the exclusion from gross <br /> income under Section 103 of the Code of the interest on the Tax Increment Portion of the Bonds, <br /> including without limitation (i) requirements relating to temporary periods for investments, (ii) <br /> limitations on amounts invested at a yield greater than the yield on the Tax Increment Portion of <br /> the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City <br /> expects to satisfy the 24-month exemption for gross proceeds of the Tax Increment Portion of the <br /> Bonds as provided in Section 1.148-7(e) of the Regulations. The Mayor and/or City <br /> Administrator and/or Finance Director are hereby authorized and directed to make such elections <br /> as to arbitrage and rebate matters relating to the Tax Increment Portion of the Bonds as they <br /> deem necessary, appropriate or desirable in connection with the Tax Increment Portion of the <br /> Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. <br /> (b) Allocation to the Equipment Portion of the Bonds. The City shall comply with <br /> requirements necessary under the Code to establish and maintain the exclusion from gross <br /> income under Section 103 of the Code of the interest on the Equipment Portion of the Bonds, <br /> including without limitation (a) requirements relating to temporary periods for investments, (b) <br /> limitations on amounts invested at a yield greater than the yield on the Equipment Portion of the <br /> Bonds, and (c)the rebate of excess investment earnings to the United States. The City expects to <br /> satisfy the 18-month expenditure exemption for gross proceeds of the Equipment Portion of the <br /> Bonds as provided in Section 1.148-7(d) of the Regulations. The Mayor and/or City <br /> Administrator and/or Finance Director are hereby authorized and directed to make such elections <br /> as to arbitrage and rebate matters relating to the Equipment Portion of Bonds as they deem <br /> necessary, appropriate or desirable in connection with the Equipment Portion of the Bonds, and <br /> all such elections shall be, and shall be deemed and treated as, elections of the City. <br /> 26. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds <br /> as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the <br /> City hereby makes the following factual statements and representations: <br /> 20 <br /> 129376828v1 <br />