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<br />Section 6. The Authorized Representative or his or her designee is <br />hereby requested and authorized to (i) file a copy of this Resolution and the <br />Application with the Clerk of the City and (iii) file such information with the <br />California Industrial Development Financing Advisory Commission as may be <br />required for the review and approval of the Project pursuant to Section 91531 of <br />the Act. Publication of the notice of the filing of the Application by the Applicant <br />in accordance with Section 91530(e) of the Act in a newspaper of general <br />circulation within the City on November 29, 2004 is hereby approved, confirmed <br />and ratified. <br /> <br />Section 7. The Authorized Representative or duly appointed designee <br />is hereby requested to conduct a public hearing with respect to the financing of <br />the Project for the purpose of satisfying the public approval requirements of <br />Section 147(f) of the Internal Revenue Code of 1986. Publication of the notice of <br />such public hearing in a newspaper of general circulation within the City on <br />November 29,2004 is hereby approved, confirmed and ratified. <br /> <br />Section 8. The Authorized Representative or duly appointed designee, <br />on behalf of the Authority, are authorized to execute all documents, certificates, <br />and instruments necessary or appropriate to this transaction and undertaking the <br />Loan and entering into the Loan Agreement; provided, however that the Loans <br />will not be undertaken and the Loan Agreements shall not be entered into and <br />delivered on behalf of the Authority until the California Industrial Development <br />Financing Advisory Commission has made all necessary findings and <br />determinations and given all necessary approvals as required by the Act. <br /> <br />Section 9. Prior to execution of the Loan Agreement or Tax Regulatory <br />Agreement, the Authorized Representative or duly appointed designee, on behalf <br />of the Authority, shall approve in writing the final compensation being made to <br />the financing team. <br /> <br />Section 10. All actions heretofore taken by the officers and agents of the <br />Authority with respect to the approval of the Loan are hereby approved, <br />confirmed and ratified, and the officers of the Authority and their authorized <br />designees, deputies and agents are each hereby authorized and directed, jointly <br />and severally, to do any and all things and to execute and deliver any an all <br />certificates and documents which they, bond counsel, special tax counsel and <br />the Authority Attorney may deem necessary or advisable in order to consummate <br />the Loan and otherwise to effectuate the purpose of this Resolution. <br /> <br />Section 11. This Resolution shall take effect from and after its inception. <br /> <br />ADOPTED this 20th day of December 2004. <br /> <br />IDA Resolution No. 2004-001 <br />Page 4 of 5 <br />