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<br />4. Representations and Agreements of Sellers <br />a Sellers hereby represent and agree that between the date hereof and the <br />date of closing <br /> <br />(I) Sellers and/or Utility will not Incur any additIonal Indebtedness except <br /> <br />such Indebtedness as may arise as a result of normal and customary <br /> <br />transactions In the ordinary discharge of Utllltys retail public utility business <br /> <br />(lI) No event or transaction Including without limitation the wIthdrawal of <br /> <br />funds from Utility accounts will occur which will adversely affect the finanCial <br /> <br />condition of Utility except such normal and usual transactions as may occur In <br /> <br />the ordinary course of Utility s bUSiness and discharge of Its frnanclal affairs and <br /> <br />no event or transactIon, inclusive without limitation the Withdrawal of funds from <br /> <br />Utility accounts, will occur which will adversely affect the transfer to the CIty of <br /> <br />the cash assets deSCribed In UtdllYs bank accounts listed on Exhibit '"C "' which <br /> <br />Will be proVided to the C,ty no later than 14 days prior to clOSing <br /> <br />(III) Sellers and/or Utility will not In any manner encumber or hypothecate <br /> <br />any of Utility's property <br />(IV) Sellers and/or Utility Will not sell or otherwise dispose of any of <br /> <br /> <br />Utility's non-cash assets listed on the attached Exhlblt'A' <br /> <br /> <br />b Utility IS now or Will be at clOSing the legal and eqUitable owner of title to all of <br /> <br /> <br />Utility's real property as shown In Utility s real property records, free and clear of any <br /> <br />and alllrens, charges, encumbrances securrty Interests and other burdens or debts of <br /> <br />every kind, except In conjunction With the debts expressly set forth In Exhibit "8 '" <br /> <br />Page 4 of 12 <br /> <br />I <br /> <br />I <br /> <br />I <br />