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(e) the payments under the Series 2011 Loan Agreement are fixed to produce <br />revenue sufficient to provide for the prompt payment of principal of, premium, if any, • <br />and interest on the Series 2011 Bonds issued under the Indenture when due, and the <br />Senes 2011 Loan Agreement and Indenture also provide that the Borrower is required to <br />pay all expenses of the operation and maintenance of the facilities to be financed by the <br />Bonds, including, but without limitation, adequate insurance thereon and insurance <br />against all liability for injury to persons or property arising from the operation thereof, <br />and any taxes and special assessments levied upon or with respect to the premises of said <br />facilities and payable during the term of the Series 2011 Loan Agreement and Indenture; <br />(f) as provided therein and in the Series 2011 Loan Agreement and Indenture, <br />the Bonds are not to be payable from or charged upon any funds other than the revenue <br />pledged to the payment thereof; the City is not subject to any liability thereon; no holder <br />of any Bond shall ever have the right to compel any exercise by the City of any taxing <br />powers to pay any of the Bonds or the interest or premium thereon, or to enforce <br />payment thereof against any property of the City, except the interests of the City in the <br />Series 2011 Loan Agreement which has been assigned to the Trustee under the <br />Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal or <br />equitable, upon any property of the City except the interests of the City in the Series <br />2011 Loan Agreement which has been assigned to the Trustee under the Indenture; the <br />Bonds shall recite that the Bonds do not constitute or give rise to a pecuniary liability or <br />moral obligation of the City, the State of Minnesota or any political subdivision, and that <br />the Bonds, including interest thereon, are payable solely from the revenues pledged to <br />the payment thereof; and the Bonds shall not constitute a debt of the City within the <br />meaning of any constitutional or statutory limitation. • <br />7. Approval of Forms; Execution. Subject to the provisions of Sections 12 and 13 <br />hereof, the forms of the Financing Documents and exhibits thereto and all other documents listed <br />in Section 6 hereof are approved substantially in the form submitted. Subject to the provisions of <br />Section 12 hereof, the Financing Documents, in substantially the forms submitted, are directed to <br />be executed in the name and on behalf of the City by the Mayor and the City Administrator. <br />Subject to the provisions of Section 12 hereof, the Bonds are to be in executed the name of and <br />on behalf of the City by the Mayor and the City Administrator, and are to be delivered to the <br />Trustee for authentication and delivery to the Underwriter. Any other City documents and <br />certificates necessary to the transaction described above maybe executed by one or more officers <br />of the appropriate City, including but not limited to the City Administrator or Finance Director. <br />Copies of all of the documents necessary to the transaction herein described shall be delivered, <br />filed and recorded as provided herein and in the Financing Documents. <br />8. Official Statement. The City hereby consents to the preparation and distribution <br />of the Official Statement for the Bonds; provided that it is understood that the City has relied <br />upon the Borrower and the Underwriter and legal counsel retained by them to assure the <br />accuracy and completeness of .the information set forth in the Official Statement and that <br />therefore the City has not made, and will not make, any representations or warranties with <br />respect to the information contained therein, except under the heading "The Issuer". The drafts <br />of the Official Statement on file with the City are hereby designated as "near final" offering <br />memoranda for purposes of Rule 15-c2-12 of the Securities Exchange Commission. • <br />391851v2 JSB EL185-16 4 <br />