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issued under Section 103 ( b) which are guaranteed by the Company <br /> or any related person ( or group of related persons which includes <br /> the Company) or which are issued with the assistance or <br /> participation of, or by arrangement with, the Company or any <br /> related person (or group of related persons which includes the <br /> Company) without the written opinion of Brown & Wood to the <br /> effect that the issuance of such obligations will not adversely <br /> affect their opinion as to the exemption from present federal <br /> income tax of interest on the Bond. Other than the Company or <br /> any related person (or group of related persons including the <br /> Company) , no person has ( i ) guaranteed, arranged, participated <br /> in, assisted with the issuance of, or paid any portion of the <br /> cost of the issuance of, the Bond, and ( ii ) provided any property <br /> or any franchise, trademark or trade name (within the meaning of <br /> Section 1253 of the Code) which is to be used in connection with <br /> the Project. <br /> 5. No portion of the Bond proceeds is being used to provide <br /> a facility a purpose of which is retail food and beverage <br /> services, automobile sales or service, or the provision of <br /> ' recreation or entertainment, and no portion of the Bond p roceeds <br /> • <br /> is being used to provide any private or commercial golf course, <br /> country club, health club, massage parlor , tennis club, skating <br /> facility ( including roller skating, skateboard and ice skating) , <br /> racquet sports facility ( including any handball or racquetball <br /> court) , hot tub facility, suntan facility, racetrack, skybox or <br /> other luxury box, airplane, store the principal business of which <br /> is the sale of alcoholic beverages for consumption off premises, <br /> or facility used primarily for gambling. <br /> 6 . None of the Bond proceeds will be used as working <br /> capital or to finance inventory or motor vehicles. <br /> 7. (a) . As of the date of issuance of the Bond, the sum of <br /> (A) the aggregate authorized face amount of the Bond allocated in <br /> accordance with Section 103(b) (15) (C) of the Code to the Company <br /> or any related person to the Company plus (B) the aggregate <br /> authorized face amount of any outstanding tax-exempt IDB' s (as <br /> defined in Section 103(b) ( 15) (B) of the Code) of the Company, or <br /> any related person to the Company, does not exceed $40 million. <br /> 7. (b) . As of the date of issuance of the Bond, the sum of <br /> (A) the aggregate authorized face amount of the Bond allocated in <br /> accordance with Section 103(b) (15) (C) of the Code to any known <br /> test-period beneficiary, as defined in Section 103(b) (15) (D) of <br /> the Code, or any related person thereto (other than the Company <br /> or to any related person to the Company) plus (B) the aggregate <br /> authorized face amount of any outstanding tax-exempt IDB ' s of <br /> such known test-period beneficiary, or any related person thereto <br /> C-2 <br />