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85-- 006359 Bonds to be "arbitrage bonds" under Section 103(c) of the Internal Revenue Code and Regulations promulgated thereunder. To the best knowledge and belief of Company, there are no other expectations, facts, estimates or circumstances that would materially change such expectation. Company and Issuer, in reliance on Company's covenants herein, certify and further covenant to each other and to and for the benefit of the purchasers and holders of the Series 1985 Bonds from time to time outstanding that so long as any of the Series 1985 Bonds remain outstanding, moneys on deposit in any Fund or account in connection with the Series 1985-Bonds, whether or not such moneys were derived from any other sources, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code and Section 1.103- 13(b)(1)(i) of the Regulations promulgated thereunder. Pursuant to such covenant, Company and Issuer each obligates itself throughout the term of the Series 1985 Bonds not to violate the requirements of Section 103(c) of the Internal Revenue Code and all Regulations promulgated or proposed thereunder. As used in this Section all words and terms shall have the same meanings as such words are given for the purposes of such Section 103(c) of the Internal Revenue Code and all applicable Regulations promulgated or proposed by the Department of the Treasury thereunder. Section 4.9. Issuance of Additional Bonds. Issuer may, at the request of Company Representative and upon the written consent of 100% of the holders of the outstanding Series 1985 Bonds, authorize the issuance of Additional Bonds, upon the terms and conditions provided herein and in Section 2.10 of the Indenture. Additional Bonds may be issued for the purpose of completing the Project (including payment of costs referred to in Section 4.6 hereof) or providing substitutions, additions, modifications or improvements to the Project as authorized by the Act as Company may deem necessary or desirable, including without limitation the construction of buildings, fixtures and related improvements on the Project Site, in addition to the Project, and for the costs of the issuance and sale of the Additional Bonds and capitalized interest and other costs related to the financing and permitted by the Act as shall be agreed upon by Company and Issuer. The terms of Additional Bonds, the purchase price to be paid therefor and the manner in which the proceeds therefrom are to be disbursed shall have been approved in writing by Company. Notwithstanding any provision of this Agreement or the Indenture, the issuance of Additional Bonds is not permissible unless (i) Issuer is not in default under the Indenture, (ii) Company is not in default -24- u