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