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��������� <br />been withdrawn nr set aside by th� issuing agency or by an order of a court af competeant <br />juz <br />(e) The Owner has or will have a fee interest in the Project and has good and <br />marketalale title thereta, free and clear of any liens, charges or encurnbrances other than the <br />Mortgages, encumbrances the Qwner is perrnitted to create under the terms of this Agreement, <br />and xiaechanics' or other liens that have been bonded against (or as to which other cash <br />equivalent security has been provided) in such a manner as to preclude the halder of such lien <br />froxn having any recourse to the Project or the Owner for payment of any debt secured thereby. <br />(� No Event of Bankruptcy has occurred as to the Owner. <br />(g) No Event of Default has occurred and is continuing. <br />(h) The sources af funds available to the Owner are sufficient to enable the Owner to <br />complete the construction of the Project in accordance with the Plans and Specifications and the <br />Constnrction/Uraw Schedule, <br />(i) The Project will continue to be owned and operated by the Qwner tkarough the <br />Compliancc Period or, if later, the c�ate (if any) through which the Owner is required to own and <br />operate the Project pursuant to the LURA or any othcr docurnents governing the use and <br />operatian of the Project. <br />(j) The Owner has complied and will comply vvith all tcrms of the Tax Credit <br />Allocatian and has made na material changes in the Project without the prior written approval of <br />the Authority. <br />(k) The Project will be operated so that it will meet (and an appropriate election has <br />been or will be made with respect to) the Minirnum Set-Aside Test as of the datcs established by <br />Section �2(g)(3) of the Code and at all tirnes thereafter through thc end of the Compliance <br />Period. <br />(1) The Project wi11, at all tirr�es throughout the Cornpliance Period, rneet the <br />Required Percentage. <br />(m) Each of the representations and disclosures rnadE by the Owner ta the Authority <br />in any application for the Tax Credits ar Section 1602 Prograrn �'unds is true and correct as of <br />the date hereof, except as otherwise discloscd in writing to the Authority and approved in writing <br />by the Authority. Each of the covenants, agreements and canditions contained in such <br />dacuments have been duly performed ox satisfied by the Owner to the extent that performance or <br />satisfactian is required on or prior to the date af Closing, and the Owner has no reason to believe <br />that the covenants, agreernents, and conditions requixed to be performed or satisfied after the date <br />hcreof will not be performed or satisfied in a timely manner. <br />(n) The LUR.A will be in effect as of the end af each taxable year in which the <br />buildings in thc Project are placed in service. <br />14- <br />asai-zl3s-aa�s.a <br />