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supplemented or amended(if any). <br /> (e) The Underwriter agrees from the time the Final Official Statement <br /> becomes available until the earlier of(i)ninety(90) days from the end of the underwriting <br /> period or(ii)the time when the Final Official Statement is available to any person from a <br /> nationally recognized municipal securities information repository,but in no case less than <br /> twenty-five (25) days following the end of the underwriting period,the Underwriter shall <br /> send or cause to be sent no later than the next business day, by first class mail or other <br /> equally prompt means to any potential customer, on request, at least one copy of the Final <br /> Official Statement. <br /> 3. Representations. <br /> (a) To the best knowledge of the Issuer and in reliance upon the opinions <br /> referred to in Sections 5(d)(i) and 5(d)(ii)hereof, the Issuer represents to and agrees with <br /> the Underwriter as follows: <br /> (i) The statements and information contained in the Preliminary <br /> Official Statement(to the extent not modified in the Official Statement) and the <br /> Official Statement with respect to the Issuer under the captions "THE CITY"and <br /> "LITIGATION"(the latter only to the extent it relates to the Issuer) (together, the <br /> "Issuer Portion" of the Official Statement) in the Official Statement are, and as of <br /> the date of Closing such information in the Official Statement will be, true and <br /> correct in all material respects, and the Issuer Portion of the Official Statement <br /> does not and will not contain any untrue or misleading statement of a material fact <br /> relating to the Issuer or omit to state any material fact relating to the Issuer <br /> necessary to make the statements therein in the light of the circumstances under <br /> which they were made, not misleading. If, at any time prior to the earlier of(A) <br /> receipt of notice from the Underwriter pursuant to Section 2(c)hereof that Official <br /> Statements are no longer required to be delivered under the Rule or(B) ninety <br /> (90)days after the Closing, any event occurs with respect to the Issuer as a result <br /> of which the Issuer Portion of the Official Statement as then amended or <br /> supplemented might include an untrue statement of a material fact, or omit to state <br /> any material fact necessary to make the statements therein, in light of the <br /> circumstances under which they were made,not misleading, the Issuer shall <br /> promptly notify the Underwriter, the Borrower and the ^cademyWedum in <br /> writing of such events. Any information supplied by the Issuer for inclusion in <br /> any amendments or supplements to the Preliminary Official Statement and the <br /> Official Statement will not contain any untrue or misleading statement of a <br /> material fact relating to the Issuer or omit to state any material fact relating to the <br /> Issuer necessary to make the statements therein, in the light of the circumstances <br /> under which they were made, not misleading. <br /> (ii) The Issuer is : . :..• . .. . - • _ . a home rule charter <br /> eit}municipal corporation and political subdivision of the State of Minnesota(the <br /> "State") created and existing under the Constitution and the laws of the State and <br /> the Issuer has full legal right,power and authority pursuant to the Constitution and <br />