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<br />the revenues received by the Authority from the Borrower pursuant to the Loan <br />Agreement, and the Bond shall not be deemed to constitute a debt or liability of the <br />Authority, the City, the State of California or any political subdivision thereof. The <br />Authority further authorizes and approves lending the proceeds of the Bond to the <br />Borrower to finance a portion of the costs of the Project pursuant to the terms and <br />provisions of the Loan Agreement. <br /> <br />Section 3. Subject to approval as to form of the Authority Attorney, the form of <br />the Tax Regulatory Agreement presented at this meeting is hereby approved, and the <br />Authorized Representative is hereby authorized to execute by manual or facsimile <br />signature and deliver the Tax Regulatory Agreement with such changes and insertions <br />therein as may be necessary to cause the same to carry out the intent of this Resolution <br />and as are approved by counsel to Authority, such approval to be conclusively <br />evidenced by execution and delivery of the Tax Regulatory Agreement by an Authorized <br />Representative. <br /> <br />Section 4. Subject to approval as to form of the Authority Attorney, the form of <br />the Escrow Agreement presented at this meeting is hereby approved and the <br />Authorized Representative is hereby authorized to execute by manual or facsimile <br />signature and deliver the Escrow Agreement with such changes and insertions therein <br />as may be necessary to cause the same to carry out the intent of this Resolution and as <br />are approved by counsel to Authority, such approval to be conclusively evidenced by <br />execution and delivery of the Escrow Agreement by an Authorized Representative. <br /> <br />Section 5. The Board of Directors of the Authority hereby finds and determines <br /> <br />that: <br /> <br />A the use of the Project in an Empowerment Zone is in accord with <br />Section 91503 of the Act; <br /> <br />B. the use of the Project is likely to result in public benefits and employment <br />benefits by securing or increasing the number of employees of the Borrower, and any <br />other direct users of the Project or the compensation for such employment; <br /> <br />C. the Bond issued by the Authority in the amount sufficient to finance all or a <br />portion of the costs of the Project is likely to be a substantial factor in the accrual of <br />each of such public benefits from the use of the Project; and <br /> <br />D. the proposed financing of the Project is otherwise in accord with the <br />purposes and requirements of the Act. <br /> <br />Section 6. In no event shall the Bond constitute a pledge of faith and credit of <br />the Authority, the City, the State of California (the "State") or any political corporation, <br />subdivision or agency of the State, and none of the City, the State or any political <br />corporation, subdivision or agency of the State shall be liable to make any appropriation <br />for the repayment of the Bond. The Bond shall constitute a special obligation of the <br />Authority payable solely from the revenues or other sources provided for in the Loan <br />Agreement and proceedings relating to the Bond. <br /> <br />Resolution No. 2007-002 <br />Page 3 of 5 <br />