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<br />Section 8.02. Investment Income. <br /> <br />Interest and income derived from investment of the Interest and Sinking Fund <br />shall be credited to such Fund. <br /> <br />ARTICLE IX <br />PARTICULAR REPRESENTATIONS AND COVENANTS <br /> <br />Section 9.01. Payment of the Certificates. <br /> <br />While any of the Certificates are outstanding and unpaid, there shall be made <br />available to the Paying Agent/Registrar, out of the Interest and Sinking Fund, <br />money sufficient to pay the interest on and the maturity amount or principal of the <br />Certificates, as applicable, as will accrue or mature on each applicable February 1 <br />or August 1. <br /> <br />Section 9.02. Other Representations and Covenants. <br /> <br />(a) The City will faithfully perform at all times any and all covenants, <br />undertakings, stipulations, and provisions contained in this Ordinance and in each <br />Certificate; the City will promptly payor cause to be paid the principal of, maturity <br />amount and interest on each Certificate on the dates and at the places and manner <br />prescribed in such Certificate; and the City will, at the times and in the manner <br />prescribed by this Ordinance, deposit or cause to be deposited the amounts of money <br />specified by this Ordinance. <br /> <br />(b) The City is duly authorized under the laws of the State of Texas to <br />issue the Certificates; all action on its part for the creation and issuance of the <br />Certificates has been duly and effectively taken; and the Certificates in the hands <br />of the Owners thereof are and will be valid and enforceable direct and general <br />obligations of the City in accordance with their terms. <br /> <br />(c) The City hereby represents that the proceeds of the Certificates are <br />needed at this time to provide funds in the amounts and for the respective purposes <br />specified in Section 3.01 of this Ordinance; that based on current facts, estimates, <br />and circumstances, it is reasonably expected that final disbursement of the proceeds <br />of the Certificates will occur within three years after the Closing date, that it is <br />not reasonably expected that the proceeds of the Certificates or money deposited in <br />the Interest and Sinking Fund will be used or invested in a manner that would cause <br />the Certificates to be or become "arbitrage bonds," within the meaning of Section <br />148 of the Code; and that, except for the Interest and Sinking Fund and that portion <br />of the Construction Fund representing capitalized interest with respect to a portion <br />of the Certificates, no other funds or accounts have been established or pledged to <br />the payment of the Certificates. <br /> <br />(d) The City will not take any action or fail to take any action with <br />respect to the investment of the proceeds of the Certificates or any other funds of <br /> <br />1434f <br /> <br />-23- <br />