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State or the United States or to the best of his <br /> knowledge any applicable judgment or decree or any <br /> trust agreement, loan agreement, bond, note, <br /> resolution, ordinance, agreement or other <br /> instrument to which the City is a party or is <br /> otherwise subject; <br /> <br /> (viii) Except as otherwise disclosed in the <br /> Offering Memorandum, there is no litigation or <br /> proceeding, pending or threatened, challenging the <br /> creation, organization or existence of the City, or <br /> the validity of the bonds, this Purchase Contract <br /> or the Resolutions or seeking to restrain or enjoin <br /> any of the transactions referred to therein or <br /> contemplated thereby, or which, in any manner, <br /> question the right of the City to issue the Bonds, <br /> the application of the proceeds thereof in <br /> accordance with the Resolutions, or the collection <br /> or application of assessments pledged or to be <br /> pledged to pay the principal of or interest on the <br /> Bonds, or the pledge thereof. <br /> <br /> (3) A certificate, dated the date of the Closing, <br />signed by the Finance Director of the City to the effect <br />that (i) the representations and warranties of the City <br />contained herein are true and correct in all material <br />respects on and as of the date of the Closing as if made <br />on the date of the Closing; and (ii) to the best of his <br />knowledge, no event affecting the City has occurred <br />since the date of the Offering Memorandum which has not <br />been disclosed therein or by supplement or amendment and <br />which should be disclosed in the Offering Memorandum for <br />the purpose for which it is to be used or which it is <br />necessary to disclose therein in order to make the <br />statements and information therein not misleading in any <br />material respect. <br /> <br /> (4) A certificate, dated the date of Closing, from <br />Sharon Fraser, the Engineer of Work with respect to the <br />Project, to the effect that, to the best of her <br />knowledge, the statements made under the caption "The <br />Improvement Project" in the Offering Memorandum are <br />true. <br /> <br /> (5) Evidence satisfactory to Bond Counsel and the <br />Underwriter that the projects to be financed with the <br />proceeds of the Bonds have obtained all required <br />approvals under the California Environmental Quality <br />Act. <br /> <br /> (6) Such additional certificates, instruments and <br />other documents as the Underwriter or their counsel may <br /> <br /> 8 <br /> <br /> <br />