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40 Board of County Commissioners of Indian River County, Florida, et al. 1987 Page 11 be performed hereunder, both on the date hereof and at and prior to the Closing, and (ii) the accuracy of the representations of the Issuer, the Borrower and NHC herein, as of the date hereof and as of the Closing. In the Underwriter's discretion, such obligation is also subject to the following further conditions: (a) At the time of Closing (i) the Official Statement shall.be in full force and effect and shall not have been amended, modified or supplemented except as may have been agreed to in writing by the Underwriter, (ii) the Indenture, the Loan Agreement, the Mortgage, the irrevocable Letter of Credit securing the Bonds issued by The Toronto -Dominion Bank, acting through its Chicago Branch (the "Bank") in the initial stated amount equal to the aggregate principal amount of the Bonds plus 58 days' interest thereon calculated at the rate of 15% per annum (the "Letter of Credit"), the Reimbursement Agreement and the Remarketing Agreement shall be in full force and effect, shall be in the form provided to the Underwriter on the date of this Bond Purchase Agreement with only such changes as have been approved by* the Underwriter and shall not have been amended, modified or supplemented in any other manner except as shall have been approved by the Underwriter, (iii) the Issuer shall have duly adopted and there shall be in full force and effect such further resolutions, orders and other proceedings as, in the opinion of Shutts & Bowen, Miami, Florida, and of Piper & Marbury, Baltimore, Maryland, co -bond counsel, (collectively, "Bond Counsel") shall be necessary in connection with the transactions contemplated hereby, and (iv) the Official Statement shall be in the form provided to the Underwriter on the date of this Bond Purchase Agreement, with only such changes as shall have been approved by the Underwriter. (b) At or prior to the Closing, the Underwriter shall receive (i) two certified copies of the Authorizing Resolution and any other proceedings of the Issuer pertaining to the authorization of the transactions contemplated hereby and by the Official Statement, (ii) two certified copies of the Indenture, the Loan Agreement, the Reimbursement Agreement and the Remarketing Agreement, (iii) two copies of the Official Statement executed by the Issuer and the Borrower and two copies of the Preliminary Official Statement, (iv) two specimen copies of the Letter of Credit, and (v) two signed copies of all reports of consultants included in the Official Statement. (c) At the Closing, the Underwriter shall receive each of the following: 4330x:10/23/87 3002-353