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85006350
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Last modified
10/18/2011 4:47:08 AM
Creation date
4/1/2008 5:35:35 PM
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DEEDS
Inst Number
85006350
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i <br />85- <br />UQ63 ". <br />, <br />(c) The Project is of the type authorized and <br />permitted by the Act and the estimated Eligible Costs of <br />the Project are in excess of $1,000,000. The Project <br />will be located at all times during the Lease Term <br />within the corporate boundaries of the Issuer. <br />(d) Company has complete and lawful authority to <br />operate the Project and has received all governmental <br />` <br />permits necessary therefor, required as of this,date, <br />and will obtain, if and when required, all necessary <br />governmental and administrative approvals and permits <br />required in the future in connection with the <br />construction and operation of the Project. <br />(e) The Company agrees to operate the Project as an <br />industrial facility, or as otherwise permitted by the <br />Act through the date on which all of the Bonds have been <br />fully paid and are no longer outstanding. <br />(f) Substantially all the proceeds from the sale of <br />the Bonds will be used for the acquisition, construc- <br />tion, improving and equipping of the Project, which <br />consists and will consist of the facilities and <br />equipment described in Exhibit "B" attached hereto, and <br />no changes shall be made in the Project which will <br />affect the qualification of the Project as a "project" <br />under the Act or impair the exemption of interest on the <br />Bonds from federal income taxation. <br />(g) The estimated costs of the Project, as set <br />forth in Exhibit "B" attached hereto, have been <br />determined in accordance with standard engineering <br />practices and generally accepted accounting principles. <br />(h) In estimating the cost of the Project, no <br />amount has been included which, under the federal income <br />tax laws, would be deductible by Company in the year in <br />which paid or incurred, except for an allowance for <br />depreciation.. <br />(i) The proceeds of the Bonds will not be used to <br />provide working capital for Company or for any "related <br />` <br />person" as defined in the Internal Revenue Code, or for <br />the purchase of inventory. <br />-11- <br />u <br />
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