The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1934-06-15
s. Representations and Warranties.
The Borrower represents and warrants
as follows:

The Borrower represents and warrants
as follows:
(a) Authorizations. All necessary
authorizations, permits, licenses
and approvals from Federal,
State, county, municipal and
other authorities in connection
with the Project or the Bonds
have been or will be obtained;
(b) Litigation. No litigation or
other proceedings are now pend
ing or threatened which might
adversely affect the Bonds, the
construction and operation of
the Project, or the financial con-
dition of the Borrower;
(c) Financial Condition. The char
acter of the assets and the fl
ancial condition of the Borrower
are as favorable as at the date
of the Borrowers most recent
financial statement, furnished to
the Government as part OF the
no changes in the character of
its assets or in its financial con-
dition except such changes as
are necessary and incidental to
the ordinary and usual conduct
of the Borrowers affairs;
Id Fees and Commissions. No fee
or commission has been or will
be paid by the Borrower or any
of its officers, employees, agents
or representatives, and no agree
ment to pay fee or commission
has been or will be entered into
by or on behalf of the Borrower,
or any of its officers, employees,
agents or representatives, in
order to secure the loan and-or
Grant hereunder;
lei Affirmation. Every statement
contained in this Agreement, in
the Borrowers Application, and
in any supplement thereto or
amendment thereof, and in any
other document submitted or to
be submitted to the Government
by or on behalf of the Borrower
is, or when so submitted will be,
correct and complete, and no
relevant fact materially affect
ing the Bonds, the Grant, the
Project or the obligations of the
Borrower under this Agreement
has been or will be omitted
therefrom.
6. Use of Governments Name.
Without the prior written consent of
the Government, the Borrower will not
refer to this Agreement or to any pur-
chase by the Government of the Bonds
as an indueement for the purchase of
any securities Gncluding Bonds pur-
chased from the Government of the
and will not permit any pur-
chaser from it of any such securities to
do so.
Z. Sale of Bonds by the Government.
The Borrower will take all such steps
as the Government may reasonably re-
quest to aid in the sale by the Govern
ment of any or all of the Bonds. Upon
request, the Borrower will furnish to the
Government or to any purchaser from
the Government of Is per centum of the
Bonds, information for the preparation
of bond circular in customary form,
signed by the proper official OF the
containing such data as the
or such purchaser may
request concerning the Bor-
rover and the Project.
8. Expenses. The Government shall
be under no obligation to pay any costs,
charges or expenses incident to COM
pliance wit hany of the duties or
obligations of the Borrower under this
Agreement including, without limiting
the generality of the foregoing, the cost
of preparing, executing or delivering the
bonds or obtaining any legal opinions
by Counsel for the Govern
ment. =
9.S Supplemental Documents. The
Borrower will furnish to the Govern
ment such supplemental documents as
Counsel for the Government may re-
quest in connection with the Bonds, the
Grant, the Project or the obligations of
the Borrower under this Agreement.
10. Waiver. Any provision of this
Agreement may be waived or amended
with the consent of the Borrower and
the written approval of the Engineer
ing Division, Finance Division, and
Counsel for the Government, without
the execution of a new or supplemental
agreement, if, in the opinion of Counsel
for the Government, which shall be
conclusive, such waiver or amendment
does not substantially vary the terms Of
this Agreement. No waiver by the
Government of any such provision shall
constitute a waiver thereof as applied
to any subsequent obligation of the
Borrower or the Government under this
IL. Agreement Not for the Benefit of
Third Parties. This Agreement is not
for the benefit of any person or cor
poration other than the parties hereto,
their respective assigns or the success
sors of the Borrower, and neither the
holder of the Bonds nor any other
person or corporation, except the parties
hereto, their respective assigns or the