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officer or of�cers (including, without limitation, the execution of release deeds), by power of �'� <br /> attorney or otherwise, to the Servicer or the Trustee. I <br /> Section 9. Authorization is hereby given for the allocation of the full amount of the ' <br /> 2004 private activity bond "volume cap" carried forward by the City under Section 146 of the <br /> Code, and any other private activity bond volume cap which the of�cers of the Authority shall <br /> deem necessary, to the Bonds. <br /> Section 10. By the adoption of this authorizing ordinance, the City Council of the City <br /> hereby approves the issuance of the Bonds for the purposes as provided in the preamble hereto, <br /> the text hereof and the notice of public hearing referred to in the preambles hereto, which notice is <br /> hereby incorporated herein by reference, which public approval is intended to constitute the public <br /> approval of the City required by Section 147(fl of the Code. <br /> Section 11. All acts of the of�cers, employees and agents of the City which are in <br /> conformity with the purposes and intent of this Ordinance be, and the same hereby are, in all <br /> respects, ratified, approved and confirmed. <br /> Section 12. The Bonds may be initially issued in book-entry form and registered in the <br /> name of The Depository Trust Company, New York, New York ("DTC"), or its nominee, as <br /> securities depository. <br /> Section 13. Notwithstanding any other provision herein to the contrary, in the event that <br /> one or more institutional purchasers for the Bonds determines to directly purchase all of the <br /> Bonds, authority is hereby granted for the Bonds to be sold pursuant to a private placement <br /> agreement in lieu of, but in substantially the form of (except for changes necessitated by the <br /> private placement), the Purchase Agreement, with a private placement memorandum being <br /> utilized in lieu of, but in substantially the form of(except for changes necessitated by the private <br /> placement), the Of�icial Statement, if such changes are directed by the Underwriter or such <br /> institutional purchaser. <br /> -8- <br />