Orange County NC Website
135 <br /> they were made, not misleading, the County shall promptly provide written notice to the <br /> Underwriters thereof, and if, in the opinion of the County or the Underwriters, such event <br /> requires the preparation and publication of a supplement or amendment to the Official <br /> Statement, the County shall at its expense supplement or amend the Official Statement in <br /> a form and in a manner approved by the Underwriters. For purposes of this Bond Purchase <br /> Agreement, the "end of the underwriting period" shall be deemed to be the Closing Date <br /> (as hereinafter defined), unless the Underwriters shall have notified the County to the <br /> contrary on or before the Closing Date. <br /> (q) If the Official Statement is supplemented or amended pursuant to <br /> subsection (p) of this Section, at the time of each supplement or amendment thereto and <br /> (unless subsequently again supplemented or amended pursuant to such subsection) at all <br /> times subsequent thereto up to and including the Closing Date, the County shall take all <br /> steps necessary to ensure that the Official Statement as so supplemented or amended will <br /> not contain any untrue statement of a material fact or omit to state a material fact necessary <br /> to make the statements therein, in the light of the circumstances under which they were <br /> made, not misleading. <br /> (r) The information in the Preliminary Official Statement (excluding <br /> therefrom the information under the captions"INTRODUCTION—Book-Entry Only"and <br /> "UNDERWRITING" and in Appendix E, as to which no representations or warranties are <br /> made), including its attachments and appendices, at the time of acceptance hereof is correct <br /> in all material respects, and such Preliminary Official Statement does not contain any <br /> untrue statement of a material fact or omit to state a material fact required to be stated <br /> therein or necessary to make the statements made therein, in the light of the circumstances <br /> under which they were made,not misleading; and the information in the Official Statement <br /> (excluding therefrom the information under the captions"INTRODUCTION—Book-Entry <br /> Only" and "UNDERWRITING" and in Appendix E, as to which no representations or <br /> warranties are made) as of its date and as of the Closing Date, will be true and correct and <br /> will not contain any untrue statement of a material fact or omit to state a material fact <br /> required to be stated therein or necessary to make the statements made therein, in the light <br /> of the circumstances under which they were made, not misleading. <br /> (s) Between the date hereof and the Closing,the County shall not,without <br /> the prior written consent of the Underwriters, offer or issue in any material amount any <br /> bonds, notes or other obligations for borrowed money, or incur any material liabilities, <br /> direct or contingent, except in the course of normal business operations of the County or <br /> except for such borrowings as may be described in or contemplated by the Official <br /> Statement. <br /> (t) Except as described in the Official Statement, during the last five <br /> years, the County has not failed to materially comply with any previous undertaking <br /> relating to continuing disclosure of information pursuant to Rule 15c2-12. <br /> -9- <br />