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<br />SECTION 7.07. TAX-ExEMPT STATtTS OF BONDS. It is the intention of the parties hereto <br />that the interest paid on the Bonds will not be included in the gross income of the Bondholders by <br />reason of Section 103(a) of the Internal Revenue Code. In order to confirm and CatTY out such <br />intention the Corporation shall (i) provide such certificates, opinions of counsel, and other evidence <br />as may be necessary or requested by the Issuer or the Lender to establish the exemption of the Bonds <br />under Section 145 of the Code and the absence of arbitrage expectation under Section 148 of the <br />Code. and (ii) file such information and statements, acting alone or with the Issuer, with the Internal <br />Revenue Service. <br /> <br />SECTION 7.08. No WARRANT\' OF CONDITION OR SnTABILlT\' BY THE ISSUER. The <br />Corporation recognizes that the plans and specifications for the Project have been prepared to its <br />order. and since the Project is being renovated and equipped by contractors and suppliers selected <br />by the Corporation, the Issuer has not made an inspection of the Facilities or of any fixture or other <br />item constituting a portion thereof, and the Issuer makes no warranty or representation, express or <br />implied or otherwise. with respect to the same or the location. use. description, design. <br />merchantability. fitness for use for any particular purpose, condition, or durability thereof, or as to <br />the quality of the material or workmanship therein, or as to the title thereto or ownership thereof or <br />otherwise. it being agreed that the Issuer bears none of the risks incident thereto, in the event of any <br />defect or item constituting a portion thereof: whether patent or latent, the Issuer shall have no <br />responsibility or liability with respect thereto. The provisions of this Section 7.08 have been <br />negotiated and are intended to be a complete exclusion and negation of any warranties or <br />representations by the Issuer, express or implied, with respect to the Facilities or any fixture or other <br />item constituting a portion thereof. whether arising pursuant to the Uniform Commercial Code or <br />another law now or hereafter in effect or otherwise. <br /> <br />SECTION 7.09. OPERATION OF FACILITIES. The Corporation will operate or cause the <br />Facilities to be maintained as multifamily housing facilities and will not change the use of the <br />Facilities without the prior written consent ofthe Lender and the Issuer and a written opinion from <br />Bond Counsel that such change in use \vill not affect the tax-exempt status of the Bonds. <br /> <br />The Corporation will use its best efforts to fix, charge. and collect, or cause to be fixed. <br />charged. and collected, subject to applicable requirements or restrictions imposed by law, such rents. <br />fees, and charges for the use of and for the services furnished or to be furnished by the Facilities as, <br />together with all other receipts and revenues ofthe Corporation will be sufficient in each Fiscal Year <br />to produce net revenues equal to or in excess of one hundred percent (100%) of the principal and <br />interest payable on the Bonds in such Fiscal Year (except to the extent such principal and interest <br />payments are expected to be paid with other funds held by the Lender for such purpose). <br /> <br />SECTION 7.10. CORPORATION'S ASSllRANCE OF TAX EXEMPTION. The Corporation <br />represents that it understands that it is intended that interest on the Bonds not be included within the <br />gross income of the owners thereof for federal income tax purposes. In furtherance thereof: the <br />Corporation represents and covenants with the Issuer. the Lender and all Bondholders that it will <br />take all actions (and refrain from taking any actions) which are necessary in order for interest on the <br />Bonds to be excluded from gross income of the owners thereof for federal income taxation and, in <br />addition, comply with the applicable provisions of the Code as follows: <br /> <br />7-3 <br />