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2.4 No Federal Guarantee. The City and the Authority will not directly or indirectly <br /> use or permit the use of any proceeds of the 1994 Bonds or any other funds of the City and the <br /> Authority or take or omit to take any action that would cause the 1994 Bonds to be obligations which <br /> are "federally guaranteed" within the meaning of Section 149(b) of the Code. In furtherance of this <br /> covenant, the City and the Authority will not allow the payment of the principal or interest with respect <br /> to the 1994 Bonds to be guaranteed (directly or indirectly) in whole or in part by the United States or <br /> any agency or instrumentality thereof. The City and the Authority also will not, except as provided <br /> in the next sentence, use 5 percent or more of the proceeds of the 1994 Bonds to make loans the <br /> payment of the principal or interest with respect to which are guaranteed in whole or in part by the <br /> United States or any agency or instrumentality thereof, nor will they invest 5 percent or more of the <br /> proceeds in federally insured deposits or accounts. The preceding sentence shall not apply to <br /> (i) temporary period investments of proceeds held in the Bona Fide Debt Service Funds (to the extent <br /> such Funds comply with Section 3.8 hereof), (ii) investments of proceeds held in the Reserve Account <br /> (to the extent such Account complies with the requirements of Section 3.10 hereof); or <br /> (iii) investments in obligations issued by the United States Treasury. <br /> 2.5 No Refunding. None of the proceeds of the 1994 Bonds will be used to pay <br /> debt service with respect to any obligations other than the 1994 Bonds. <br /> 2.6 Information Reporting. The City and the Authority shall file or cause to be filed <br /> an Internal Revenue Service Form 8038-G with respect to the 1994 Bonds no later than the fifteenth <br /> day of the second month following the calendar quarter in which the 1994 Bonds are executed and <br /> delivered. <br /> 2.7 No Pooling. None of the proceeds of the 1994 Bonds will be used to make <br /> loans to two or more ultimate borrowers. <br /> 2.8 No Hedge Bonds. The City and the Authority reasonably expect that more than <br /> 85 percent of the Spendable Proceeds of the 1994 Bonds will be expended for the governmental <br /> purpose of the 1994 Bonds within 3 years of the Closing Date. <br /> III. <br /> Arbitrage <br /> 3.1 Reasonable Expectations; Reliance on Others. This Article III states the <br /> reasonable expectations of the City and the Authority with respect to the amounts and uses of the <br /> proceeds of the 1994 Bonds and certain other funds. The expectations of the City and the Authority <br /> concerning certain uses of 1994 Bond proceeds and certain other moneys described herein and other <br /> matters are based in whole or in part upon representations of other parties as set forth in this Tax <br /> Certificate or exhibits hereto. Neither the City nor the Authority is aware of any facts or circumstances <br /> that would cause either the City or the Authority to question the accuracy or reasonableness of any <br /> representations made in this Tax Certificate, including exhibits attached to this Tax Certificate. <br /> 3.2 Offering Price. Based upon advice of the Underwriters (attached hereto as <br /> Exhibit A),the 1994 Bonds have been offered to the public (excluding any bondhouse, broker or other <br /> intermediary) at the prices or yields listed on Schedule Ito ExhibitA hereto and the initial offering <br /> prices are reasonable under customary standards in the applicable tax-exempt market. <br /> 3.3 Funds and Accounts. The following Funds and Accounts relating to the <br /> 1994 Bonds have been established: <br /> LA1-69477.4 7 <br />