Laserfiche WebLink
(vi) The Owner has and will have title to the Project sufficient to carry <br />out the purposes of this Compliance Agreement, and such title shall be in and remain in <br />the name of the Owner except as otherwise permitted by this Compliance Agreement. <br />(vii) The Project consists and will consist of those facilities described <br />herein, which generally are described as a facility for the production and distribution of <br />bread products and related facilities situated on the real property described in Exhibit E <br />hereto. <br />(viii) The Owner has obtained, or will obtain on or before the date <br />required therefor, all necessary certificates, approvals, permits and authorizations with <br />respect to the operation of the Project. <br />(ix) The Owner (and any person related to it within the meaning of <br />Section 147(a)(2) of the Code) does not and will not own any of the Bonds. <br />(x) Money on deposit in any farid or account in connection with the <br />Bonds, whether or not such money was derived from other sources, shall not be used by <br />or under the direction of the Owner, in a manner which would cause the Bonds to be <br />"arbitrage bonds" within the meaning of Section 148 of the Code, and the Owner <br />specifically agrees that the investment of money in any such fund shall be restricted as <br />may be necessary to prevent the Bonds from being "arbitrage bonds" under the Code. <br />(xi) The Owner shall. enter into the Tax Regulatory Agreement and <br />shall comply with all term, conditions, representations and warranties of such Tax <br />Regulatory Agreement <br />(xii) The Owner will not secure the Bonds or permit the use of Proceeds <br />of the Bonds in a manner that results in the Bonds becoming directly or indirectly <br />Federally Guaranteed. <br />(xiii) In addition to the Bonds, the Owner has not previously been the <br />beneficiary of tax-exempt obligations issued pursuant to Section 1394 of the Code. <br />(xiv) The Owner will not knowingly take or omit to take, as is <br />applicable, any action if such action or omission would in any way cause the Proceeds <br />from the sale of the Bonds to be applied in a manner contrary to the requirements of the <br />Indenture or this Compliance Agreement. <br />(b) Empowerment Zone Representations. The Qualified Empowerment Zone <br />hereby represents, as of the date hereof, and warrants, covenants and agrees as follows: <br />(i) The Qualified Empowerment Zone is an empowerment zone <br />designated under Section 1391(g) of the Code. <br />(ii) The Qualified Empowerment Zone hereby designates the Bonds as <br />"empowerment zone facility bonds" pursuant to Section 1394(f)(2) of the Code. <br />06-4514.05 3 <br />