|
provision of the Constitution or laws of the State, or any rule or regulation of the County, or any material
<br /> indenture, mortgage, lease, deed of trust, note, resolution, or other agreement or instrument to which the
<br /> County, or its properties, are subject or by which the County, or its properties, are or may be bound or, to
<br /> the knowledge of the County, any order, rule or regulation of any regulatory body or court having
<br /> jurisdiction over the County or its activities or properties.
<br /> 0) The County is not in default in the payment of the principal of or interest on any
<br /> of its indebtedness for borrowed money and is not in default in any material respect under any document
<br /> or instrument under and subject to which any indebtedness for borrowed money has been incurred which
<br /> default would affect materially and adversely the transactions contemplated by any of the County
<br /> Documents. No event has occurred or is continuing under the provisions of any such document or
<br /> instrument that,with the lapse of time or the giving of notice, or both,would constitute an event of default
<br /> thereunder, which event of default would affect adversely the transactions contemplated by any of the
<br /> County Documents.
<br /> (k) The County is not in material breach of or in default under the Approving
<br /> Resolution, any applicable law or administrative regulation of the State or the United States, or any
<br /> applicable judgment or decree,or any loan agreement,note,resolution or other agreement or instrument to
<br /> which the County is a party or is otherwise subject, which breach or default would in any way materially
<br /> adversely affect the authorization or issuance of the Bonds and the transactions contemplated hereby, and
<br /> no event has occurred and is continuing which, with the passage of time or the giving of notice or both,
<br /> would constitute such a breach or default.
<br /> (1) On and as of the Closing,all authorizations,consents,and approvals of,notices to,
<br /> registrations or filings with,or actions in respect of any governmental body,agency,or other instrumentality
<br /> or court required to be obtained, given, or taken on behalf of the County in connection with the execution,
<br /> delivery and performance by the County of the County Documents,and any other agreement or instrument
<br /> to which the County is a party and which has been or will be executed in connection with the consummation
<br /> of the transactions contemplated by the foregoing documents,will have been obtained, given,or taken and
<br /> will be in full force and effect.
<br /> (m) Any certificate signed by an authorized officer of the County delivered to the
<br /> Underwriters shall be deemed a representation and warranty by the County to the Underwriters as to the
<br /> truth of the statements made therein.
<br /> (n) The County has and will cooperate with the Underwriters and their counsel in any
<br /> endeavor to qualify the Bonds for offering and sale under the securities or "Blue Sky" laws of such
<br /> jurisdictions of the United States as the Underwriters may request;provided,however,that the County will
<br /> not be required to execute a general or special consent to service of process or qualify to do business in
<br /> connection with any qualification or determination in any jurisdiction.
<br /> (o) The audited financial statements of the County for the period ended June 30,2020,
<br /> present fairly the County's financial condition as of such date and the results of its operations for the
<br /> respective periods set forth therein and have been prepared in accordance with generally accepted
<br /> accounting principles consistently applied. There has been no material change in the financial affairs of
<br /> the County since June 30,2020, except as disclosed specifically in the Official Statement.
<br /> (p) If between the date of this Bond Purchase Agreement and the date 25 days after
<br /> the "end of the underwriting period" for the Bonds, as defined in the Rule, any event occurs which might
<br /> or would cause the Official Statement to contain any untrue statement of a material fact or to omit to state
<br /> a material fact required to be stated therein or necessary to make the statements therein, in the light of the
<br /> -6-
<br />
|