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<br />4) There are no actions, suits or proceedings pending or to the knowledge of the <br />undersigned, threatened against or affecting the Lessee in any court or before any governmental <br />commission, board or authority which, if adversely determined, will have a materially adverse <br />effect on the ability ofthe Lessee to perform its obligation under the Agreement. <br /> <br />5) Under existing regulations of the Internal Revenue Code, the Agreement is not, to the <br />knowledge of the undersigned, an arbitrage bond within the meaning of Section 148 of the <br />Internal Revenue Code of 1986, as amended. <br /> <br />6) The Agreement is not, to the knowledge of the undersigned, a private activity bond <br />within the meaning of Section 141 of the Internal Revenue Code of 1986, and it is the <br />understanding of the undersigned that the Agreement has not been designated by the Lessee as a <br />qualified tax exempt obligation for purposes of Section 265(b )(3) of the Internal Revenue Code <br />of 1986. <br /> <br />Sincerely, <br /> <br />~.~ <br /> <br />Mark B. Taylor <br />City Attorney <br />