1. MIDA Bond-Oak Grove School
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1. MIDA Bond-Oak Grove School
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<br />instrument to which the Corporation is now a party and do not and will not constitute a <br />default under any of the foregoing, or result in the creation or imposition of any lien, charge <br />or encumbrance of any nature upon any of the property or assets of the Corporation contrary <br />to the terms of any instrument or agreement; <br /> <br />(c) the proceeds of the Bonds together with funds provided by the Corporation <br />are estimated to be sufficient to pay the costs ofthe Project and to pay the Issuance Expenses; <br /> <br />(d) subjectto the other provisions ofthis Loan Agreement, it is presently intended <br />and reasonably expected that the Project will be permanently located and exclusively used <br />on the Land and that the Corporation will operate the Facilities throughout the term ofthis <br />Loan Agreement; <br /> <br />(e) there is public access to the Facilities; and, as of the date hereof, the use of <br />the Facilities as designed and proposed to be operated complies, in all rnaterial respects, with <br />all presently applicable zoning, development, pollution control, water conservation and other <br />laws, regulations, rules and ordinances of the federal government and the State and the <br />respective agencies thereof and the political subdivisions in which the Facilities are located. <br />The Corporation has obtained all necessary and material approvals of and licenses, permits, <br />consents and franchises from federal, state, county, municipal or other governmental <br />authorities having jurisdiction over the Facilities to acquire, construct and install the Project, <br />and operate the Facilities and to enter into, execute and perform its obligations under this <br />Loan Agreement, the Mortgage and the Assignment; <br /> <br />(f) the Corporation does not rely on any warranty ofthe Issuer either express or <br />implied, that the Facilities will be suitable to the Corporation's needs, and recognizes that <br />under the Act the Issuer is not authorized to operate the Facilities or to expend any funds <br />thereon other than the revenues received by it from the Loan Agreement or the proceeds of <br />the Bonds, or other funds granted to it for purposes contemplated in the Act; <br /> <br />(g) there is no litigation pending nor threatened questioning the right of the <br />Corporation to construct the Project, or operate or maintain the Facilities, or questioning the <br />validity of the Loan Agreement, the Bonds, or the pledging of security for the payment of the <br />Bonds; <br /> <br />(h) no member of the County Commission nor any member of his or her <br />immediate family has a personal financial interest in the issuance of the Bonds or in the <br />Facilities or Corporation or will personally benefit financially therefrom; <br /> <br />(i) the Corporation is organized and operated exclusively for benevolent, and <br />charitable purposes within the meaning of Section 501(c)(3) of the Code and not for <br />pecuniary profit; and no substantial part ofthe net earnings ofthe Corporation inures to the <br />benefit of any person, private shareholder or individual; <br /> <br />2-2 <br />
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