|
(b) The City has complied, and will at tb~ Closing be in cc~pliance,
<br />in all respects, with the Resoulution, the 1913 Act, the Bond law and all
<br />other Proceedings;
<br />
<br /> (c) By official action of the City prior to or concurrently with the
<br />acceptance hereof, the City b~ duly adopted the Resolution, has duly
<br />authorized and approved the execution and delivery of, and the performance
<br />by the City of the obligations contained in, the Bonds and this Purchase
<br />Contract, and ba~ duly authorized and approved the performance by the City
<br />of its obligations contained in the Resolution and the other Proceedings,
<br />and the cons~u~ation by it of all other transactions contemplated by the
<br />Offering Memorandum, including, without limitation, the levy and collection
<br />of the Assessments and, upon recordation, the Assessments constitute valid
<br />and binding liens of the properties on which they have been levied;
<br />
<br /> (d) The execution and delivery of this Purchase Contract and the
<br />Bonds, the adoption of the Resoulution and the other Proceedings, and
<br />c~liance with the provisions of each thereof, and the carrying out and
<br />cons~m~etion of transactions contemplated by the Offering Memorandum, will
<br />not conflict with or constitute a breach of or a default under any
<br />applicable law or administrative regulation of the State of California or
<br />the United States, or any applicable judgement, decree, agreement or other
<br />instnment to which the City is a party or is otherwise subject;
<br />
<br /> (e) To the knowledge of the City, at the time of the City's acceptance
<br />hereof and at all times subsequent thereto up to and including the time of
<br />the Closing, with respect to information describing the City and the
<br />Proceedings conducted by the City, the Offering Memorarnknn does not and
<br />will not contain any untrue statement of a material fact or c~it to state a
<br />material fact required to be stated therein or necessary to make the
<br />statements therein, in the light of the circumstances under which they were
<br />made, not misleading;
<br />
<br /> (f) There is no action, suit, proceeding or investigation before or by
<br />any court, public board or body pending or, to the knowledge of the City,
<br />threatened, wherein an unfavorable decision, ruling or finding would: (i)
<br />affect the creation, organization, existence or powers of the City or the
<br />titles of its Council members and officers to their respective offices, (ii)
<br />enjoin or restrain the issuance, sale and delivery of the Bonds, the levy
<br />and collection of the Assessments, or the pledge thereof, (iii) in any way
<br />question or affect any of the rights, powers, duties or obligations of the
<br />City with respect to the money pledged or to be pledged to pay the principal
<br />of, premium, if any, or interest on the Bonds, (iv) in any w~y question or
<br />affect any authority for the issuance of the Bonds, or the validity or
<br />enforceability of the Bonds or the Proceedings, or (v) in any way question
<br />or affect this Purchase Contract Memorandum, the documents referred to in
<br />the Offering Memorandum, or any other agreement or instrument to which the
<br />City is a party relating to the Bonds;
<br />
<br />
<br />
|