j. Info Serv lease on AS400
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j. Info Serv lease on AS400
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6. P~EpP~ESENTATIONS 2kND WAEILAiCFIES OF LESSEE. Lessee represents and warrants and, so long as this Lease is in effect or <br />any par[ of Lessee's obligations to Lessor r errffm um,~lfilled, shall continue m warrant at ail times, that: <br /> <br /> (a) Lessee is a State, a Terdtury or a possession of thc United States, the District of Columbia. or a political subdivision of <br />any of the foregniag within the meanthg of Section 103(a) of the Internal Revenue Code of I986, as amended, and Trea*sury <br />Regulations and RulIngs related thereto. If Lessee is hqcorporated, it is duly organized and existing under the Constitution and laws of <br />its jurisdiction of Incorporation and will do or cause to be done all firings necessary to preserve and keep such organization and <br />existence th thlI force a~d effect, <br /> <br /> (b) Lessee hms been duly authorized by the Constitution m~d laws of the applicable jurisdiction and by a resolution of ils <br />govem~g body (which resolution, if requested by Lessor. is attached hereto) to execute and deliver this Lease mid each Supplen~nt <br />and to carry out its obligations hereunder. <br /> <br /> (c) All requkement~ have been met. and procedures have occurred in order to i~mre the enforceability of tiffs Lease. and <br />Lessee has complied with such public bidding requkements, if any, as may be applicable to the transactions contemplated by this <br /> <br /> (d) The Equipment will be used by Lessee o~tly for the purpose of performing one or more goveramenlal or proprietary <br />fimctiom of Lessee consistent w/th the pem~issthle scope of Lessee's authority and will not be used hi a trade or business of any person <br />or entity other than Lessee. <br /> <br /> (e) Lessee has thnds available to pay rent until the end of its current appropriafiOlX period, and it will xequest funds to nmke <br />payments hi each appropfration period, from now until the end of the term of this Lease. <br /> <br /> (f) This Lease constitutes a valid, legal and bthcFmg obligation of Lessee enforceable against Lessee hi accorda~tce with the <br />respective terms hereof. <br /> <br /> (g) This Lease is not an arbilzage bond for proposes of Section 148 of the Internal Revenue Code of 1985, as amended, and <br />Lessor and its assigns are entifled to treat the interest pordun of the payments to be made hereunder as exempt from f~deral i~come <br />taxes under Section I03 (a) of the Internal Revenue Code of 1986, as amended. <br /> <br /> (i) Lessee reasonably anticipates that it will not issue tax exempt obligations (not Inaludfiqg "private activity lionds" as defined <br />m Section 141 of the Internal Revenue Code of 1986, as amended) in an aggregate amount in excess of $10 million during the calendar <br />year hi which this Lease Term commences, and this Lease is designated as a qualified lax exempt obligation for purposes of Section <br />265 (b) (3) of the Inlamal Revenue Code of 1986 r ala~ng to deductibtht7 of hiterest by financial institutions. <br /> <br /> <br />
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