HAVE CAUSED THE ISSUER TO COMPLY WITH THE PUBLIC APPROVAL REQUIREMENTS OF
SECTION 147 OF THE CODE AND AT OR FOLLOWING THE ISSUANCE OF THE 2005 SERIES A
BONDS THE COMPANY WILL CAUSE THE ISSUER
9
TO COMPLY WITH THE INFORMATION REPORTING REQUIREMENTS OF SECTION 149 OF THE CODE
BY THE FILING OF INTERNAL REVENUE SERVICE FORM 8038 WITH THE UNITED STATES
INTERNAL REVENUE SERVICE.
(V)
ALL OF THE DOCUMENTS, INSTRUMENTS AND WRITTEN INFORMATION
FURNISHED BY COMPANY ON BEHALF OF COMPANY TO ISSUER OR TRUSTEE IN CONNECTION
WITH THE ISSUANCE OF THE BONDS ARE TRUE AND CORRECT IN ALL MATERIAL RESPECTS AS
OF THE DATE OF DELIVERY THEREOF AND DID NOT, AS OF THE DATE OF DELIVERY THEREOF,
OMIT OR FAIL TO STATE ANY MATERIAL FACTS NECESSARY TO BE STATED THEREIN TO MAKE
THE INFORMATION PROVIDED NOT MISLEADING.
(W)
THE REFUNDED 1995 SERIES A BONDS WERE ISSUED ON APRIL 18, 1995.
(X)
NO CONSTRUCTION, RECONSTRUCTION OR ACQUISITION OF THE PROJECT WAS
COMMENCED PRIOR TO THE TAKING OF OFFICIAL ACTION BY THE PREDECESSOR COUNTY WITH
RESPECT THERETO EXCEPT FOR PREPARATION OF PLANS AND SPECIFICATIONS AND OTHER
PRELIMINARY ENGINEERING WORK.
(Y)
ACQUISITION, CONSTRUCTION AND INSTALLATION OF THE PROJECT HAS BEEN
ACCOMPLISHED AND THE PROJECT IS BEING UTILIZED SUBSTANTIALLY IN ACCORDANCE WITH
THE PURPOSES OF THE PROJECT AND IN CONFORMITY WITH ALL APPLICABLE ZONING,
PLANNING, BUILDING, ENVIRONMENTAL AND OTHER APPLICABLE GOVERNMENTAL REGULATIONS
AND ALL PERMITS, VARIANCES AND ORDERS ISSUED OR GRANTED PURSUANT THERETO, WHICH
PERMITS, VARIANCES AND ORDERS HAVE NOT BEEN WITHDRAWN OR OTHERWISE SUSPENDED,
AND CONSISTENTLY WITH THE ACT.
(Z)
THE COMPANY HAS USED, IS CURRENTLY USING AND PRESENTLY INTENDS TO
USE OR OPERATE THE PROJECT IN A MANNER CONSISTENT WITH THE PURPOSES OF THE
PROJECT AND THE ACT UNTIL THE DATE ON WHICH THE 2005 SERIES A BONDS HAVE BEEN
FULLY PAID AND KNOWS OF NO REASON WHY THE PROJECT WILL NOT BE SO OPERATED
(AA)
THE PROCEEDS DERIVED FROM THE SALE OF THE 2005 SERIES A BONDS
(OTHER THAN ANY ACCRUED INTEREST THEREON) WILL BE USED EXCLUSIVELY AND SOLELY TO
REFUND THE PRINCIPAL OF THE REFUNDED 1995 SERIES A BONDS.
THE PRINCIPAL AMOUNT
OF THE 2005 SERIES A BONDS DOES NOT EXCEED THE PRINCIPAL AMOUNT OF THE REFUNDED
1995 SERIES A BONDS.
THE REDEMPTION OF THE OUTSTANDING PRINCIPAL AMOUNT OF THE
REFUNDED 1995 SERIES A BONDS WITH SUCH PROCEEDS OF THE 2005 SERIES A BONDS WILL
OCCUR NOT LATER THAN 90 DAYS AFTER THE DATE OF ISSUANCE OF THE 2005 SERIES A
BONDS.
ANY EARNINGS DERIVED FROM THE INVESTMENT OF SUCH PROCEEDS OF THE 2005
SERIES A BONDS WILL BE FULLY NEEDED AND USED ON SUCH REDEMPTION DATE TO PAY A
PORTION OF THE INTEREST ACCRUED AND PAYABLE ON THE REFUNDED 1995 SERIES A BONDS
ON SUCH DATE.
(BB)
IT IS NOT ANTICIPATED, AS OF THE DATE HEREOF, THAT THERE WILL BE
CREATED ANY "REPLACEMENT PROCEEDS", WITHIN THE MEANING OF SECTION 1.148-1(C) OF
THE TREASURY REGULATIONS, WITH RESPECT TO THE 2005 SERIES A BONDS; HOWEVER, IN
THE EVENT THAT