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(el There are no actions, suits or proceedings pending
<br />or, t:l ':.:\'.? ~;now ledge of the ilorrower, threatened "1gainst or
<br />aff~ctin~ che Borrower, at law or in equity or befo~e or by any
<br />feJerjl, 3tate, municipal or other governmental department,
<br />co;nmission, board, bureau, agency or instrumentality which, if
<br />Jeter:·1ineu a,lversely to the Borrower, would have a materially
<br />a,Jverse -~!'feet on the value of its assets, the results of its
<br />operations or its income.
<br />{t) Toe Borrower is not in default in the performance,
<br />observ~nce 0r fulfillment of any of the obligations, covenants or
<br />conJitions contained in any evidence of indebtedness or in any
<br />contrjct ~. lease to which it is a party, which would, indivi-
<br />Juall1 0r in the aggregate, have a materially adverse effect on
<br />t!le ·,alue of its assets, the results of its operations or its
<br />inco:-:,e, 'leither the execution and delivery of this Agreement, nor
<br />the ,:on:;u:n:-:,ation of the transactions herein contemplated, nor
<br />co:npliance · .. ith the terms and provisions of this Agreement will
<br />violate the ?revisions of any applicable law or of any applicable
<br />orJer :lr re~ulation of any governmental authority having jurisdic-
<br />tion o~ ~he 3orrower, and will not conflict with or result in a
<br />6reach of a ny of the terms, conditions or provisions of any
<br />restrictio:i ,::ir of any ilgreement or instrllment to which the
<br />narrower is now a party, or constitute a default thereunder, or
<br />result in the creation or imposition of any lien, charge or
<br />encarnornnce of any nature whatsoever upon any of the properties
<br />or assets of the Borrower.
<br />{ 'J} There are no outstandin1 obligations issued by any
<br />state, territory or possession of the United States, or any ~oli-
<br />tic~L ~ubdivision of the foregoing, or of the District of
<br />Columbia, the proceeds of which have been or are to be used pri-
<br />marily with respect to facilities located within the jurisdic-
<br />tional territoria L limits of the Issuer, and of ·,1hich the Borrower
<br />or any Per:.on related to the 3orrower wit11in the meaning of
<br />::iection 103(b){6)(C) of the Code is a "princi:,:,al user," as that
<br />term is used in Section 103(b)(6) of the Code.
<br />(h) ~o portion of the proceeds of the sale of the Oonds
<br />,..,11 l be ,.med by the Borrower to re finance uny inclebte<:lness of the
<br />Oorrower or any Person related to the Borrower within the me a ninq
<br />of Section 103(b)(6){C) of the Co~e, with respect to the Project
<br />or the r~roject Site, which was outstanding prior to March 16, 1983.
<br />(i) ~o capital expenditures as describe~ in Section
<br />10J(b)(6)(D) of the Code {"C.:i.pital Gxpenditures") have been paid
<br />or incurre~ in the 3 years preceding the date of the issuance of
<br />the Bonds or will be paid or incurre<l in the 3 yeurs after the
<br />date of the issuance of the Bonds wilh respect to the Project or
<br />any facilities which are located within the jurisdictional terri-
<br />torial limits of the Issuer, and of which the Borrower nr any
<br />-12-
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