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I I I ARTICLE IX PARTICULAR REPRESENTATIONS AND COVENANTS Section 9,01. Payment of the Certificates, While any of the Certificates are outstanding and unpaid, there shall be made available to the Paying Agent/Registrar, out of the Interest and Sinking Fund, money sufficient to pay the interest on and the principal of the Certificates, as applicable, as will accrue or mature on each applicable Interest Payment Date. Section 9.02. Other Representations and Covenants. (a) The City wi II faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance and in each Certificate; the City will promptly payor cause to be paid the principal of, interest on, and premium, if any, with respect to, each Certificate on the dates and at the places and manner prescribed in such Certificate; and the City will, at the times and in the manner prescribed by this Ordinance, deposit or cause to be deposited the amounts of money specified by this Ordinance. (b) The City is duly authorized under the laws of the State of Texas to issue the Certificates; all action on its part for the creation and issuance of the Certificates has been duly and effectively taken; and the Certificates in the hands of the Owners thereof are and will be valid and enforceable obligations of the City in accordance with their terms. Section 9.03. Federal Tax Matters. (a) The City hereby represents that the proceeds of the Certificates are needed at this time for the purposes specified in Section 3.01 hereof; that it is not reasonably expected that the proceeds of the Certificates or money deposited in the Interest and Sinking Fund will be used or invested in a manner that would cause the Certificates to be or become "arbitrage bonds," within the meaning of Section 148 of the Code; and that, except for the Interest and Sinking Fund, no other funds or accounts have been established or pledged to the payment of the Certificates. (b) The City will not take any action or fai I to take any action with respect to the investment of the proceeds of the Certificates or any other funds of the City, including amounts received from the investment of any of the foregoing, if such action or inaction, based upon the facts, estimates, and circumstances known on the Closing Date, would result in constituting the Certificates "arbitrage bonds," wlthlll the meanlllg of Section 148 of the Code, and the City will not take any deliberate action motivated by arbitrage that would have such result (c) The City will not take any action or fail to take any action which action or omission would (i) result in the interest on the Certificates being includable in gross income for federal tax purposes; (ii) result in the Certificates being treated as "private activity bonds" within the meaning of Section 141 (a) of the Code; or (iii) result in the Certificates being treated as "federally guaranteed" within the meaning of Section 149(b) of the Code; or (iv) resu It in the Certificates being treated as "hedge bonds" within the meaning of Section 149(g) of the Code. (d) The City will comply with the provisions of SectIOn 148(f) of the Code (relating to paying certain excess earn i ngs of investment proceeds of the Certificates to the United States) and the regulations rUSan MarcoslCO 041DocslOrdinancelCO Ord Final.wpd 24