A BONDS OR THE REFUNDED
1995 SERIES A BONDS WAS OR SHALL BE GUARANTEED DIRECTLY OR INDIRECTLY BY THE
UNITED STATES OR ANY AGENCY OR INSTRUMENTALITY THEREOF.
(P)
ALL OF THE PROCEEDS OF THE REFUNDED 1995 SERIES A BONDS HAVE BEEN
FULLY EXPENDED AND THE PROJECT HAS BEEN COMPLETED AND PLACED IN SERVICE.
ALL OF
THE ACTUAL COST OF CONSTRUCTION OF THE PROJECT REPRESENTS AMOUNTS PAID OR
INCURRED WHICH WERE CHARGEABLE TO THE CAPITAL ACCOUNT OF THE PROJECT OR WOULD BE
SO CHARGEABLE EITHER WITH A PROPER ELECTION BY THE COMPANY OR BUT FOR A PROPER
ELECTION BY THE COMPANY TO DEDUCT SUCH AMOUNTS.
SUBSTANTIALLY ALL (I.E. AT
LEAST 90%) OF THE NET ALLOCABLE PROCEEDS OF THE SALE OF THE ORIGINAL BONDS
(INCLUDING INVESTMENT INCOME THEREFROM), WERE USED TO FINANCE COST OF
CONSTRUCTION OF THE PROJECT AS DESCRIBED ABOVE, PAY COSTS AND EXPENSES OF
ISSUING THE ORIGINAL BONDS, WITHIN THEN APPLICABLE CODE LIMITS, AND PAY INTEREST
AND CARRYING CHARGES ON THE ORIGINAL BONDS DURING THE PERIOD OF CONSTRUCTION OF
THE PROJECT AND PRIOR TO ITS IN-SERVICE DATE.
(Q)
ALL OF THE DEPRECIABLE PROPERTIES WHICH WERE TAKEN INTO ACCOUNT IN
DETERMINING THE QUALIFYING COSTS OF THE PROJECT CONSTITUTE PROPERTIES EITHER (I)
USED FOR THE CONTROL, CONTAINMENT, REDUCTION AND ABATEMENT OF ATMOSPHERIC
POLLUTANTS AND CONTAMINANTS OR (II) FACILITIES WHICH ARE FUNCTIONALLY RELATED
AND SUBORDINATE TO SUCH FACILITIES CONSTITUTING THE PROJECT.
ALL OF SUCH
FUNCTIONALLY RELATED AND SUBORDINATE FACILITIES ARE OF A SIZE AND CHARACTER
COMMENSURATE WITH THE CHARACTER AND SIZE OF THE AIR POLLUTION CONTROL FACILITIES
CONSTITUTING THE PROJECT.
(R)
THE COMPANY WILL CAUSE THE ISSUER TO COMPLY IN ALL RESPECTS WITH
THE REQUIREMENTS OF SECTION 148 OF THE CODE IN RESPECT OF THE REBATE OF EXCESS
EARNINGS WITH RESPECT TO THE 2005 SERIES A BONDS TO THE UNITED STATES OF
AMERICA.
(S)
NONE OF THE PROCEEDS OF THE 2005 SERIES A BONDS WILL BE APPLIED
AND NONE OF THE PROCEEDS OF THE ORIGINAL BONDS WERE APPLIED TO PROVIDE ANY: (I)
WORKING CAPITAL, (II) OFFICE SPACE (OTHER THAN OFFICE SPACE LOCATED ON THE
PREMISES OF THE PROJECT WHERE NOT MORE THAN A DE MINIMIS AMOUNT OF THE FUNCTIONS
TO BE PERFORMED ARE NOT DIRECTLY RELATED TO THE DAY-TO-DAY OPERATIONS OF THE
PROJECT), (III) AIRPLANE, (IV) SKYBOX OR OTHER PRIVATE LUXURY BOX, (V) HEALTH
CLUB FACILITY, (VI) FACILITY PRIMARILY USED FOR GAMBLING OR (VII) STORE, THE
PRINCIPAL BUSINESS OF WHICH IS THE SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION
OFF PREMISES.
(T)
LESS THAN TWENTY-FIVE PERCENT (25%) OF THE NET PROCEEDS OF THE
ORIGINAL BONDS WERE USED DIRECTLY OR INDIRECTLY TO ACQUIRE LAND OR ANY INTEREST
THEREIN AND NO PORTION OF SUCH LAND, IF ACQUIRED, WAS OR IS TO BE USED FOR
FARMING PURPOSES.
NO PORTION OF THE PROCEEDS OF THE ORIGINAL BONDS WAS USED TO
ACQUIRE EXISTING PROPERTY OR ANY INTEREST THEREIN WITH RESPECT TO WHICH THE
COMPANY WAS NOT THE FIRST USER FOR FEDERAL INCOME TAX PURPOSES.
(U)
UPON THE DATE OF ISSUANCE OF THE 2005 SERIES A BONDS, THE COMPANY
WILL