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Res 1997-016
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Res 1997-016
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Last modified
9/18/2007 5:48:46 PM
Creation date
4/30/2007 3:42:06 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1997-16
Date
1/27/1997
Volume Book
127
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<br /> ~qþ <br /> 4. REPRESENTATIONS AND AGREEMEN:rS OF SELLERS. <br /> a. Sellers hereby represent and agree that between the date hereof and the date <br /> of closing (as hereinafter provided): <br /> (I) Sellers and/or Utility will not incur any additional indebtednes~ except such <br />" - indebtedness as may arise as a result of normal and customary transac- <br />I <br /> tions in the ordinary discharge of Utility's retail public utility business. <br /> (ii) No event or transaction, including without limitation, the withdrawal of funds <br /> 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 <br /> in the ordinary course of Utility's business and discharge of its financial <br /> affairs, and no event or transaction, including without limitation the <br /> . <br /> withdrawal of funds from Utility accounts, will occur which will adversely <br /> affect the transfer to the City of the cash assets described in Utility's bank <br /> accounts listed on the attached Exhibit "C". <br /> (iii) Sellers and/or Utility will not in any manner encumber or hypothecate any <br /> of Utility's property. <br /> (iv) Sellers and/or Utility will not sell or otherwise dispose of any of Utility's non- <br /> cash assets listed on the attached Exhibit "C". <br /> b. Utility is now or will be at closing the legal and equitable owner of ~itle to all of <br /> Utility's real property as shown in Utility's real property records, free and clear <br /> of any and all liens, charges, encumbrances, security interests and other <br /> burdens or debts of every kind, except in conjunction with the debts expressly <br /> -s- <br />
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