Underwriter set forth in Section 7 hereof, shall continue in full force and effect.
<br /> 6. Amendments to Official Statement. After the date of the Official
<br /> Statement and so long as the Underwriter, or dealers, if any, participating in the original
<br /> distribution of the Bonds, are offering Bonds which constitute the whole or a part of their
<br /> unsold participations, the Borrower will (a) not adopt any amendment of or supplement to
<br /> the Official Statement without the prior written consent of the Underwriter, and (b)
<br /> during such period or for forty-five (45) days from the date of the Closing, whichever is
<br /> earlier, if any event relating to or affecting the Official Statement shall occur as a result of
<br /> which, in the reasonable judgment of the Underwriter, it is necessary to amend or
<br /> supplement the Official Statement in order to make the Official Statement not misleading
<br /> in the light of the circumstances existing at the time it is delivered to a purchaser,
<br /> forthwith prepare and furnish to the Underwriter, at the expense of the Borrower, a
<br /> reasonable number of copies of an amendment of or supplement to the Official Statement
<br /> (in form and substance satisfactory to counsel for the Underwriter)which will amend or
<br /> supplement the Official Statement so that it will not contain any untrue statement of a
<br /> material fact or omit to state a material fact necessary in order to make the statements
<br /> therein, in the light of the circumstances existing at the time the Official Statement is
<br /> delivered to a purchaser, not misleading. For the purposes of, and during the period of
<br /> time provided by this Section, the Borrower will furnish, or cause to be furnished, such
<br /> information with respect to itself as the Underwriter may from time to time reasonably
<br /> request.
<br /> 7. Payment of Expenses.
<br /> (a) Upon and subject to the issuance, sale and delivery of the Bonds by the
<br /> Issuer, the Borrower agrees to pay either directly or, to the extent permitted under federal
<br /> tax law as determined by Bond Counsel, from the proceeds of the Bonds, all expenses and
<br /> costs to effect the authorization, preparation, issuance, delivery and sale of the Bonds,
<br /> including, without limitation, (i)the Underwriter fee (including underwriting discount) of
<br /> $ , (ii)rating agency fees and expenses, if any, (iii) the fees and
<br /> disbursements of Bond Counsel, the fees and disbursements of Borrower's counsel, the
<br /> fees and disbursements of the Issuer, Issuer's Counsel and the Trustee, (iv)the fees and
<br /> disbursements of Underwriter's counsel, (v) the fees and expenses of Underwriter's
<br /> counsel, if any, in connection with qualification of the Bonds for sale under any Blue Sky
<br /> or other securities laws and regulations of various jurisdictions and preparation of any
<br /> Blue Sky survey, (vi) the fees and expenses of certified public accountants, (vii)the
<br /> expenses and costs for the printing and distribution of the Bonds, the Preliminary Official
<br /> Statement and the Official Statement, (viii)the expenses and costs for photocopying the
<br /> Preliminary Official Statement, the Official Statement, the Resolution, the Indenture and
<br /> the Borrower Documents and all other agreements and documents contemplated hereby,
<br /> and (ix) the various other expenses and costs of Closing.
<br /> (b) If the Bonds are not issued and delivered by the Issuer to the Underwriter,
<br /> as a result of the failure by the Borrower to perform any of its obligations under this Bond
<br /> Purchase Agreement(other than a failure of the Underwriter to comply with its obligation
<br /> set forth in Section 1 hereof, if such obligation is not otherwise excused or terminated as
<br />
|