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. <br /> . � <br /> A. None of the proceeds of the Bonds, and none of the proceeds of the Refunded Notes, <br /> each considered separately, plus investment earnings thereon, will be or was used in any Private <br /> Business Use. <br /> B. No direct or indirect payments are to be made on any Bond or were or are to be <br /> made on any Refunded Note with respect to any Private Business Use. <br /> C. None of the proceeds of the Bonds is to be used, and none of the proceeds of the <br /> Refunded Notes was or is to be used, directly or indirectly, to make or finance loans to persons <br /> other than a state or local governmental unit. <br /> D. No user of the 2008 Public Capital Infrastructure Projects, and no user of the public <br /> capital infrastructure financed with the proceeds of the 2005 Note or 2008 Note (the "Prior <br /> Project"), other than the City or another governmental unit will use or has used the same on any <br /> basis other than the same basis as the general public; and no person other than the City or another <br /> governmental unit will be or has been a user of the 2008 Public Capital Improvement Projects or <br /> the Prior Project as a result of (i) ownership or (ii) actual or beneficial use pursuant to a lease, a <br /> management or incentive payment contract, or(iii) any other anangement. <br /> Section 17. Registered Form. The City recognizes that Section 149 of the Code <br /> requires the Bonds to be issued and to remain in fully registered form in order to be and remain <br /> Tax-exempt. In this connection, the City agrees that it will not take any action to permit the <br /> Bonds to be issued in, or converted into, bearer or coupon form. <br /> Section 18. Specific Tax Covenants. A. CODE COMPLIANCE. The City agrees to <br /> comply with all provisions of the Code which, if not complied with by the City, would cause the <br /> Bonds not to be Tax-exempt. In furtherance of the foregoing provisions, but without limiting <br /> their generality, the City agrees: (a) through its officers, to make such further specific covenants, <br /> representations as shall be truthful, and assurances as may be necessary or advisable; (b) to <br /> -31- <br />