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which it is a party and in order to provide for and to assure <br /> payment of the Bond and any premium and the interest thereon <br /> when due, but solely in accordance with and subject to the <br /> limitations contained in the Bond Documents to which it is a <br /> party. <br /> ( j ) The Authority shall not alter, amend or repeal the <br /> Bond Resolution, or , without the prior written consent of the <br /> Holder , agree to any alteration or amendment of the Bond <br /> Documents to which it is a party or take any action impairing <br /> any authority, right or benefit given or conferred by the <br /> Bond Resolution or the Bond Documents to which it is a party. <br /> Section 3 . Representations, Warranties and Agreements by the <br /> Company. The Company hereby represents and warrants to, and <br /> agrees with, the Purchaser as follows: <br /> (a) The Company confirms its representations, <br /> warranties and agreements set forth in the Loan Agreement . <br /> (b) The executed Note endorsed to the order of the <br /> Purchaser, fully executed counterparts of the Bond Documents <br /> to which it is a party and certified copies of the reso- <br /> lutions of the Board of Directors of the Company authorizing <br /> the Company' s undertakings contemplated by the Bond Documents <br /> to which it is a party, shall be delivered to the Purchaser <br /> by the Company at the Closing Time, and they shall be in the <br /> respective forms theretofore submitted to the Purchaser and <br /> approved by the Purchaser, with only such changes or <br /> modifications thereof as the Purchaser, the Company and the <br /> Authority shall agree upon. Each of the Bond Documents to <br /> which the Company is a party is enforceable against the <br /> Company in accordance with its terms. <br /> (c) Notwithstanding any other provision of this <br /> Agreement, the Company covenants that ( i) it will make no use <br /> of the proceeds of the loan made by the Authority hereunder, <br /> of any of its funds, or of the Bond which would cause the <br /> Bond to be an "arbitrage bond" within the meaning of Section <br /> 103(c) of the Internal Revenue Code of 1954, as amended ( the <br /> "Code" ) , or Treasury Department Regulations promulgated <br /> thereunder as at the time in effect, and (ii) so long as the <br /> Bond is outstanding, it will comply with the requirements of <br /> said Section 103(c) and the applicable Treasury Department <br /> Regulations promulgated thereunder. <br /> (d) The Company warrants that there is no action, suit <br /> or proceeding at law or in equity or by or before any <br /> governmental agency or authority or arbitral tribunal now <br /> pending or to the knowledge of the Company, threatened <br /> 5 . <br />