construction of the 1993
Project and prior to its in-service date.
(P)
ALL OF THE DEPRECIABLE PROPERTIES WHICH WERE TAKEN INTO ACCOUNT IN
DETERMINING THE QUALIFYING COSTS OF THE 1993 PROJECT CONSTITUTE PROPERTIES
EITHER (I) USED FOR THE COLLECTION, STORAGE, TREATMENT, PROCESSING OR FINAL
DISPOSAL OF SOLID WASTES OR (II) FACILITIES WHICH ARE FUNCTIONALLY RELATED AND
SUBORDINATE TO SUCH FACILITIES CONSTITUTING THE 1993 PROJECT.
ALL OF SUCH
FUNCTIONALLY RELATED AND SUBORDINATE FACILITIES ARE OF A SIZE AND CHARACTER
COMMENSURATE WITH THE CHARACTER AND SIZE OF THE SOLID WASTE DISPOSAL FACILITIES
CONSTITUTING THE 1993 PROJECT.
(Q)
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 2004 SERIES A BONDS TO THE UNITED STATES OF
AMERICA.
(R)
NONE OF THE PROCEEDS OF THE 2004 SERIES A BONDS WILL BE APPLIED
AND NONE OF THE PROCEEDS OF THE REFUNDED 1993 SERIES A BONDS WERE APPLIED TO
PROVIDE ANY: (I) WORKING CAPITAL, (II) OFFICE SPACE (OTHER THAN OFFICE SPACE
LOCATED ON THE PREMISES OF THE 1993 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 1993 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.
(S)
LESS THAN TWENTY-FIVE PERCENT (25%) OF THE NET PROCEEDS OF THE
REFUNDED 1993 SERIES A 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 REFUNDED 1993
SERIES A 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.
(T)
UPON THE DATE OF ISSUANCE OF THE 2004 SERIES A BONDS, THE COMPANY
WILL 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 2004 SERIES A
BONDS THE COMPANY WILL CAUSE THE ISSUER 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.
(U)
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.
(V)
THE REFUNDED 1993 SERIES A BONDS WERE ISSUED ON DECEMBER 22, 1993.
(W)
NO