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<br />prepare or cause to be prepared, and make or authorize modifications, completions or changes of or
<br />supplemerrts to, such an official statement, (ii) determine, and to certify or otherwise represent,
<br />when the official statemern is to be "deemed final" (except for permitted omissions) by the City as
<br />of its date or is a final official statement for purposes of SEC Rule 15c2-12(b)(1), (3) and (4), (iii)
<br />use and distribute, or authorize the use and distribution of those official statemerns and any
<br />supplements thereto in connection with the original issuance of the Notes, and (iv) complete and
<br />sign those official statements as so approved together with such certificates, statemems or other
<br />documents in connection with the finality, accuracy and completeness of those official statemems.
<br />Section 7. The proceeds from the sale of the Notes, except any premium and accrued
<br />interest, shall be paid into the proper fund or funds and those proceeds are appropriated and sha11 be
<br />used for the purpose for which the Notes aze being issued. The expenditure of those proceeds for
<br />the purpose set forth in Section 1, including, without limitation, for financing costs as defined in
<br />Section 133.01 of the Revised Code, is hereby authorized and approved. Any portion of those
<br />proceeds representing premium and accrued itrterest sha11 be paid into the Bond Retirement Fund.
<br />Section 8. The par value to be received from the sale of the Bonds or of any renewal notes
<br />and any excess funds resulting from the issuance of the Notes shall, to the extent necessary, be used
<br />to pay the debt charges on the Notes at maturity and are pledged for that purpose.
<br />Section 9. During the year or years in which the Notes are outstanding, there shall be levied
<br />on a11 the taxable property in the City, in addition to all other taxes, the same tax that would have
<br />been levied if the Bonds had been issued wrthout the prior issuance of the Notes. The tax shall be
<br />within the 11.1-mill limitation provided by the Charter of the City, shall be and is ordered
<br />computed, certified, levied and extended upon the tax duplicate and collected by the same officers,
<br />in the same manner, and at the same time that taxes for general. purposes for each of those years are
<br />certified, levied, extended and collected, and shall be placed before and in preference to all other
<br />items and for the full amount thereof. The proceeds of the tax levy shall be placed in the Bond
<br />Retirement Fund, which is irrevocably pledged for the payment of the debt charges on the Notes or
<br />the Bonds when and as the same fall due.
<br />Section 10. The City covenants that it will use, and will restrict the use and investmern of
<br />the proceeds of the Notes in such manner and to such extent as may be necessary sa that (a) the
<br />Notes will not (i) constitute private activity honds, arbitrage bonds or hedge bonds under Section
<br />141, 148 or 149 of the Internal Revenue Code of 1986, as arnended (the Code), or (ii) be treated
<br />ather than as bonds to which Section 103(a) of the Code applies, and (b) the interest an the ItiTotes
<br />will nat be an item of tax preference under Section 57 of the Code.
<br />The City further covenants that (a) it will take or cause to be taken such actions that may be
<br />required af it far the interest on the Notes to be and remain excluded from gross income for federal
<br />income tax purposes, (b) it will not take or authorize to be taken any actions that would adversely
<br />affect that exclusion, and (c) it, or persons acting far it, will, among other acts of compliance, (i)
<br />apply the proceeds of the Nat.es to the governmental purpases of the borrowing, (ii) restrict the yield
<br />;,n inyestment praperty, (i:i) make timely and adequate payments to the federal government, (iv)
<br />maintain books and records anri make calculatians ana reporis, and M refrain from certain uses oi
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