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The Bonds will be made available for checking and packaging at the above place, or such other place
<br /> as may be designated by the Manager, two business days prior to the Closing.
<br /> � 6. The City represents to and agrees with the Underwriters that: (a) the statements and
<br /> information in the O�cial Statement relating to the City are true, correct, and complete in all mate-
<br /> rial respects, and the Official Statement does not make any untrue statement of a material fact relat-
<br /> ing to the City or omit to state a material fact relating to the City that is necessary to make the
<br /> statements and information therein, in the light of the circumstances under which they were made,
<br /> not misleading, it being understood that the City is not making any representations as to the truth,
<br /> accuracy or completeness of the O�cial Statement, other than those portions that relate to or de-
<br /> scribe the City; (b) the City is a municipal corporation and political subdivision of the State of
<br /> Illinois, located in Macon County, Illinois, and a home rule unit with power and authority under
<br /> the provisions of Article VII, Section 6(a) of the 1970 Constitution of Illinois and an enabling ordi-
<br /> nance (the "Enabling Ordinance") adopted by the Council of the City on April 4, 19TT, to authorize
<br /> and issue the Bonds; (c) this Purchase Contract has been duly authorized, executed and delivered
<br /> by the City; (d) the execution and delivery of the Bond Indenture, the Loan Agreement, the Second
<br /> Supplemental Indenture and this Purchase Contract and compliance with the provisions thereof and
<br /> hereof,under the circumstances contemplated thereby and hereby, do not and will not conflict in any
<br /> material respect with or constitute on the part of the City a breach of or default under any inden-
<br /> ture, deed of trust, mortgage, agreement, or other instrument to which the City is a party or conflict
<br /> with, violate, or result in a breach of any existing law,public administrative rule or regulation, judg-
<br /> ment, court order or consent decree to which the City is subject; (e) there is no action, suit, proceed-
<br /> ing, or investigation at law or in equity before or by any court, public boazd or body pending or, to
<br /> • the best of its knowledge threatened, against or affecting the City challenging the validity of the Bond
<br /> Indenture, the Loan Agreement, the Second Supplemental Indenture, the Note, the Bonds or this Pur-
<br /> chase Contract, or the transactions contemplated thereby or hereby, or challenging the accuracy or
<br /> _ completeness of the Preliminary O�cial Statement or the O�cial Statement or the validity of the
<br /> transactions described therein; (f) the Enabling Ordinance was enacted, and the ordinances approving
<br /> and authorizing the execurion and delivery of tl�e Bonds, the Bond Indenture, the Loan Agreement,
<br /> the Second Supplemental Indenture, and this Purchase eontract (the "Ordinances") were adopted, at
<br /> duly called and noticed meetings of the Council of the City, which were held in open session through-
<br /> out, and at which meetings quorums were at all rimes present and acting throughout; and (g) when
<br /> delivered to the Underwriters at the Closing in accordance with the provisions of this Purchase Con-
<br /> tract against payment therefore, the Bonds will have been duly authorized, executed, issued and
<br /> delivered.
<br /> 7. The Underwriters have entered into this Purchase Contract in reliance upon the perform-
<br /> ance by the City of its obligations hereunder, both as of the date hereof and as of the date of Closing.
<br /> The Unde:writers' obligations under this Purchase Contract are and shall be subject to the following
<br /> further conditions:
<br /> (a) at the time of Closing, (i) the O�cial Statement, the Loan Agreement, the Note, the
<br /> Master Indenture, the Bond Indenture, the Second Supplemental Indenture, the Enabling Or-
<br /> dinance, the Ordinances and the Letters of Representation attached hereto as Exhibits III and
<br /> IV (the "Letters of Representation") shall be in full force and effect and shall not have been
<br /> amended, modiSed or supplemented, except as therein permitted or as may have been agreed to
<br /> in writing by the Manager, (u) the proceeds of the sale of the Bonds shall be paid to the Bond
<br /> Trustee with instructions that the same shall be deposited for use as described in the O�cial
<br /> ' Statement, and (iu) you shall have enacted and there shall be in full force and effect such or-
<br /> dinances as, in the opinion of Chapman and Cutler, Chicago, Illinois, shall be necessary in con-
<br /> nection with the transactions contemplated hereby;
<br /> � (b) the Underwriters shall have the right to cancel their obligation to purchase the Bonds if
<br /> (1) Legislation shall have been enacted or introduced by the Congress of the United
<br /> States or the State Legislature of Illinois or shall have been reported out of committee or ,
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