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$5-= Qos3 <br />(o) There are no other "exempt small issues" which, <br />together with the Bonds, are to be used with respect to <br />a single building, an enclosed shopping mall, or a strip <br />of offices, stores, or warehouses using substantial <br />common facilities. <br />(p) The only "principal user" (as described in <br />Section 103(b)(6) of the Code) of the Project is and <br />will be the Company. <br />(q) There are no outstanding "exempt small issues ", <br />other than the Bonds, the proceeds of which are being or <br />will be used with respect to facilities located within <br />the geographical boundaries of the Issuer (or located in <br />any adjacent county or political subdivision and <br />integrated with or contiguous to such facilities located <br />within the geographical boundaries of the Issuer), which <br />facilities are used principally by any of the principal <br />users named in paragraph (p) above or by any "related <br />person" (as defined in Section 103(b)(6)(C) of the Code) <br />to any of such principal user(s). <br />(r) Company will not take or permit to be taken any <br />action which is under its direction or control and which <br />would have the effect, directly or indirectly, of <br />subjecting interest on any of the Bonds to federal <br />income taxation. <br />(s) Construction and acquisitions relating to the <br />portions of the Project to be financed with Bond <br />proceeds commenced subsequent to July 19, 1983, the date <br />upon which the City Council of Issuer adopted a Resolu- <br />tion agreeing to issue its Bonds for the purpose of <br />financing the costs of the Project, and as of July 19, <br />1983, no on -site work had been commenced in connection <br />with the Project and no off -site fabrication had taken <br />place of any part of the Project which is to be paid or <br />reimbursed from Bond proceeds. No portion of the <br />Project to be financed with Bond proceeds was <br />substantially completed for its intended purposes more <br />than one year prior to the date of the issuance of the <br />Bonds. <br />(t) There is no litigation or proceeding pending <br />or, to the knowledge of Company, threatened against <br />Company or any other person affecting in any manner <br />whatsoever the right of Company to execute this <br />Agreement or the ability of Company to pay the Loan <br />Payments or to otherwise comply with its obligations <br />contained herein. <br />(u) Neither the execution and delivery of this <br />Agreement, the consummation of the transactions <br />contemplated hereby, nor the fulfillment of or <br />-14- <br />