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(vi) The representations and covenants contained in the Tax Agreement and the <br /> Project Certificate executed by the Borrower on the issuance date of the Series 2026A <br /> Bonds are true and correct and are incorporated herein by reference. <br /> (vii) The execution and delivery of the Borrower Agreements on the Borrower's <br /> part have been duly authorized by all necessary corporate action, and neither the <br /> Borrower's execution and delivery of the Borrower Agreements, the Borrower's <br /> consummation of the transactions contemplated on its part thereby, nor the Borrower's <br /> fulfillment of or compliance with the terms and conditions thereof,conflicts with or results <br /> in a material breach of the Articles of Incorporation or By-Laws of the Borrower or any <br /> material agreement or instrument to which the Borrower is now a party or by which it is <br /> bound (except for any such breaches for which the Borrower has obtained a waiver or a <br /> required consent), or constitutes a default (or would constitute a default with due notice or <br /> the passage of time or both) under any of the foregoing. <br /> (viii) No litigation, proceedings or investigations are pending or, to the <br /> knowledge of the Borrower, threatened against the Borrower seeking to restrain, enjoin or <br /> in any way limit the approval or issuance and delivery of the Borrower Agreements or <br /> which would in any manner challenge or adversely affect the corporate existence or powers <br /> of the Borrower to enter into and carry out the transactions described in or contemplated <br /> by or the execution, delivery, validity or performance by the Borrower of the Borrower <br /> Agreements. In addition,except as described in writing to the City and the Initial Purchaser <br /> Representative, no litigation, proceedings or investigations are pending or, to the <br /> knowledge of the Borrower, threatened in writing against the Borrower, except litigation, <br /> proceedings or investigations involving claims for which the probable ultimate recoveries <br /> and the estimated costs and expenses of defense, in the opinion of management of the <br /> Borrower (A)will be entirely within the applicable insurance policy limits (subject to <br /> applicable deductibles) or are not in excess of the total of the available assets held under <br /> applicable self-insurance programs; or (B) will not have a material adverse effect on the <br /> operations or condition, financial or otherwise, of the Borrower. <br /> (ix) The audited financial statements of the Borrower for the fiscal year ended <br /> June 30, 2025, all prepared and certified by Sikich CPA LLC, independent certified public <br /> accountants, and that have been provided to the City and the Initial Purchaser <br /> Representative, correctly and fairly present the financial condition of the Borrower as of <br /> said dates, and the results of the operations of the Borrower for each of such periods, <br /> respectively, all in accordance with generally accepted accounting principles consistently <br /> applied except as stated in the notes thereto, and there has been no material adverse change <br /> in the condition, financial or otherwise, of the Borrower since June 30, 2025, from that set <br /> forth in the information so utilized except as disclosed in writing to the City and the Initial <br /> Purchaser Representative. <br /> (x) The information used in the preparation of the financial statements referred <br /> to in clause (ix) above, this Loan Agreement, the Tax Agreement and any other written <br /> statement furnished by the Borrower to the City and the Initial Purchaser Representative <br /> (including the descriptions and information relating to (A)the Borrower and the Financed <br /> -5- <br />