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-23- <br />pipeline capacity and shall use its best efforts in the event of any such disruption to undertake alternative and interim methods of storage and disposal of wastewater. Section 5.06. Continuing Disclosure. The Members hereby covenant and agree that they will comply with and carry out all of the provisions of the Continuing Disclosure Certificates. Notwithstanding any other provision of this Contract, failure of the Members to comply with the Continuing Disclosure Certificates shall not be considered an Event of Default; however, the trustee for the Bonds, at the written request of any Participating Underwriter or the holders of at least twenty-five percent (25%) aggregate principal amount of Outstanding Bonds, shall, but only to the extent indemnified to its satisfaction from any liability or expense, including, without limitation fees and expenses of its attorneys, or any holder or beneficial owner of the Bonds may, take such actions as may be necessary and appropriate to compel performance, including seeking mandate or specific performance by court order. Section 5.07. Federal Tax Law Covenants. (a) No Arbitrage. The Members will not take, or permit or suffer to be taken by the trustee for the 2021 Bonds or otherwise, any action with respect to the proceeds of the 2021 Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the 2021 Bonds would have caused the 2021 Bonds to be "arbitrage bonds" within the meaning of section 148 of the Tax Code. (b) Private Business Use Limitation. The Members will assure that the proceeds of the 2021 Bonds are not so used as to cause the 2021 Bonds to satisfy the private business tests of section 141(b) of the Tax Code or the private loan financing test of section 141(c) of the Tax Code. (c) Private Loan Limitation. Not more than five percent (5%) of the net proceeds of the 2021 Bonds shall be used, directly or indirectly, to make or finance a loan to persons other than state or local government units. (d) Federal Guarantee Prohibition. The Members shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the 2021 Bonds to be “federally guaranteed” within the meaning of section 149(b) of the Tax Code. (e) Continuing Disclosure. The Members hereby covenant and agree that they will comply with and carry out all of the provisions of their respective Continuing Disclosure Certificate. Notwithstanding any other provision of this Contract, failure of the Members to comply with their respective Continuing Disclosure Certificate shall not be considered an Event of Default; however, the trustee for the 2021 Bonds, at the written request of any Participating Underwriter or the holders of at least twenty-five percent (25%) aggregate principal amount of outstanding 2021 Bonds, shall, but only to the