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amount of the'Pro3ect Bonds allocated in accordance <br />with Section 144(a)(10)(C) of the Code to such bene- <br />ficiary and (ii) the aggregate outstanding principal <br />amount of any other tax-exempt obligations described <br />in Section 144(a)(10)(B)(ii) of' the Code, wherever and <br />whenever issued, allocated to such beneficiary does <br />not exceed $40,000,000. <br /> <br /> (n) Less than 25~ of the proceeds of the Origi- <br />nal Bonds were used directly or indirectly to acquire <br />land or any interest therein, and none of the proceeds <br />of the Original Bonds was used to provide land the use <br />of which is for farming purposes. <br /> <br /> (o) No portion of the proceeds of the Original <br />Bonds was used to acquire existing property or any <br />interest therein unless such acquisition met the <br />rehabilitation requirements of Section 147(d) of the <br />Code. <br /> <br /> (p) The information furnished by the Company and <br />used by the Issuer in preparing the arbitrage certifi- <br />cation pursuant to Section 103 of the Internal Revenue <br />Code of 1954 and the federal tax election pursuant to <br />Section 103(b)(6)(D) of the Internal Revenue Code of <br />1954 was accurate and complete as of the date of issu- <br />ance of the Original Bonds and the information used in <br />preparing the certification pursuant to Section 148 of <br />the Code and the information statement pursuant to <br />Section 149(e) of the Code with respect to the Pro3ect <br />Bonds, both referred to in the Bond Legislation for <br />the Pro3ect Bonds, and used as a basis for making the <br />federal tax election pursuant to Section 144(a)(4) of <br />the Code in the Bond Legislation for the Pro3ect <br />Bonds, is accurate and complete as of the date of the <br />issuance of the Pro3ect Bonds. <br /> <br /> (q) In connection with any lease or grant by the <br />Company of the use of the Pro3ect, the Company shall <br />require that the lessee or user of any portion of the <br />Pro3ect shall not use that portion of the Pro3ect in <br />any manner which would violate the covenants set forth <br />in subsections (3) and (k) above. <br /> <br /> (3) Section 2.3. Actions under Section 144(a)(4) of the Codo. <br />The Company acknowledges that the Issuer is issuing the Pro3ect Bonds and the <br />Issuer issued the Original Bonds pursuant to elections made by it, a~ the <br />Company's request, under Section 144(a)(4) of the Code (or its s~atu~ory <br />predecessor). In connection with those elections, the Company represents and <br />covenants that: <br /> <br />- 13 - <br /> <br /> <br />