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(e) Consents to Amendments and Supplement to the Official Statement. The <br /> Member shall not participate in the issuance of any amendment of or supplement to the Official <br /> Statement to which, after having been furnished with a copy, the Underwriter shall object in writing <br /> or which shall be disapproved by its counsel. <br /> (t) Agreement to Assist in the Amendment or Supplement of the Official <br /> Statement. If, at any time within ninety (90) days after the later of the Closing Date or the end of the <br /> underwriting period, any event relating to or affecting the Member, the real property and facilities <br /> subject to the Site Lease and the Lease Agreement, or its portion of the Project shall occur as a result <br /> of which it is necessary, in the opinion of counsel for the Underwriter, to amend or supplement the <br /> Official Statement in order to make the Official Statement not misleading in the light of the <br /> circumstances existing at the date of Closing, the Member will take whatever steps are necessary to <br /> assist the Authority in preparing and furnishing to the Underwriter an amendment or a supplement to • <br /> the Official Statement (in form and substance satisfactory to counsel for the Underwriter) which will <br /> amend or supplement the Official Statement so that it will not contain an untrue statement of a <br /> material fact or omit to state a material fact necessary in order to make the statements therein, in the <br /> light of the circumstances existing at the time the Official Statement is delivered to a purchaser, not <br /> misleading. The Underwriter shall promptly notify the Authority of the end of the underwriting <br /> period. <br /> (g) No Breach or Default. As of the time of acceptance hereof and as of the <br /> Closing Date, except as otherwise disclosed in the Official Statement, (i) the Member is not and will <br /> not be in breach of or in default under any applicable constitutional provision, law or administrative <br /> rule or regulation of the State or the United States, or any applicable judgment or decree or any trust <br /> agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to <br /> which the Member is a party or is otherwise subject, and (ii) no event has occurred and is continuing <br /> which, with the passage of time or the giving of notice, or both, would constitute a default or event <br /> of default under any such instrument which breach, default or event described under (i) or (ii) of this <br /> subparagraph could have an adverse effect on the ability of the Member to perform its obligations <br /> under its Member Documents or in connection with the construction and acquisition of the Member's <br /> portion of the Project; and, as of such times, except as disclosed in the Official Statement, the <br /> authorization, execution and delivery of its Member Documents and compliance by the Member with <br /> the provisions of each of such agreements or instruments does not and will not conflict with or <br /> constitute a breach of or default under any applicable constitutional provision, law or administrative <br /> rule or regulation of the State or the United States, or any applicable judgment, decree, license, <br /> permit, trust agreement,loan agreement, bond, note, resolution, ordinance, agreement or other <br /> instrument to which the Member (or any of its respective officers) is subject, or by which it or any of <br /> its properties are bound, nor will any such authorization, execution, delivery or compliance result in <br /> the creation or imposition of any lien, charge or other security interest or encumbrance of any nature <br /> whatsoever upon any of the assets or properties or under the terms of any such law, regulation or <br /> instrument, except as may be provided by its Member Documents. <br /> (h) No Litigation. At the time of acceptance hereof and as of the Closing Date, <br /> there is and will be no action, suit, proceeding, inquiry or investigation, at law or in equity, before or <br /> by any court, government agency, public board or body (collectively and individually, an "Action") <br /> pending with respect to which the Member has been served with process or to the best knowledge of <br /> the officer of the Member executing this Letter of Representation, threatened, in which any such <br /> Action (i) in any way questions the formation or existence of the Member or the titles of the officers <br /> 3 <br />