Laserfiche WebLink
bankruptcy, insolvency, moratorium or other laws affecting the enforcement of creditors' rights <br /> generally and by the application of equitable principles if equitable remedies are sought <br /> (c) Consents No consent, approval, authorization, order, filing, registration, <br /> qualification, election or referendum, of or by any person, organization, court or governmental <br /> agency or public body whatsoever is required in connection with the issuance, delivery or sale of <br /> the Bonds, the execution and delivery of the Bond Documents, or the consummation of the other <br /> transactions effected or contemplated therein or thereby, that has not been taken or obtained <br /> (d) Internal Revenue Code The City has complied with the Internal Revenue Code <br /> of 1986, as amended, with respect to the Bonds <br /> (e) No Conflicts To the best knowledge of the City, the issuance of the Bonds, and <br /> the execution, delivery and performance of the Bond Documents, and the compliance with the <br /> provisions thereof do not conflict with or constitute on the part of the City a violation of or <br /> default under the Constitution of the State of California or any existing law, charter, ordinance, <br /> regulation, decree, order or resolution and do not conflict with or result in any material respect in <br /> a violation or breach of, or constitute a material default under, any agreement, indenture, <br /> mortgage, lease or other instrument to which the City is a party or by which it is bound or to <br /> which it is subject <br /> (f) Litigation As of the time of acceptance hereof, no action, suit, proceeding, <br /> hearing or investigation is pending or, to the best knowledge of the City, threatened against the <br /> City (i) in any way affecting the existence of the City or in any way challenging the respective <br /> powers of the several offices of the City or of the titles of the officials of the City to such offices, <br /> or (u) seeking to restrain or enjoin the sale, issuance or delivery of any of the Bonds, the <br /> application of the proceeds of the sale of the Bonds, the payment of Installment Payments or <br /> Water Revenues contemplated by the Installment Sale Agreement and Trust Agreement and the <br /> application thereof to pay the principal of and interest on the Bonds, or in any way contesting or <br /> affecting the validity or enforceability of the Bond Documents or contesting the powers of the <br /> City or its authority with respect to the Bond Documents, or (iii)that would constitute Material <br /> Litigation under this Purchase Contract <br /> (g) No Default To the best of City's knowledge, no event has occurred that would <br /> constitute (1) an event of default (other than a payment default) with respect to which City <br /> received written notice or (ii) a payment default (whether or not City received written notice) <br /> under any debt, revenue bond or obligation which City has issued dunng the past ten years, and, <br /> the City has never failed to budget for and include and maintain funds sufficient and available to <br /> meet all payment obligations under any debt, revenue bond or obligation which City has issued <br /> in each of its past ten fiscal years <br /> (h) No Other Debt Between the date hereof and the Closing, without the prior <br /> written consent of the Purchaser, neither the City, nor any person on behalf of the City, will have <br /> issued in the name and on behalf of the City any bonds, notes, or other obligations secured by <br /> Installment Payments or Water Revenues <br /> 6 <br /> 2763992 2 <br />