O-1991-1755 - Laserfiche WebLink

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~ e . the City, the City will deliver the initial bond or bonds (as defined in the Bond Ordinance) to the Underwriter and, provided the Underwriter shall have given written instructions to the Registrar for the Bonds as hereinafter provided, will have available for immediate exchange the Bond in definitive form, duly executed and authenticated, together with the other documents hereinafter mentioned, and the Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Paragraph 1 hereof in immediately available funds. Delivery and payment as aforesaid shall be made at the offices of First City, Texas-Houston N.A, in Houston, Texas, or such other place, as shall have been mutually agreed upon by the City and the Underwriter. The Bonds (except for the initial bonds which may be typed) shall be printed or. lithographed; shall be prepared and delivered as fully registered bonds in the denominatIOns of $5,000 or any integral multiple thereof; shall be registered in the names as shall be requested by written instructions of the Underwriter to the Registrar for the Bonds at least five business days prior to the Closing; and, if the Underwriter shall so request, shall be made available to the Underwriter at least one business day before the Closing for the {>urpose of inspection in Houston, Texas, or such other place as shall be mutually satisfactory to the City and the Underwriter. 7. Conditions. The Underwriter has entered into this Bond Purchase Agreement in reliance upon the representations and warranties of the City contained herein and to be contained in the documents and instruments to be delivered at the Closing, and upon the performance by the City of its obligations hereunder, both as of the date hereof and as of the date of Closing. Accordingly, the Underwriter's obligations under this Bond Purchase Agreement to purchase and pay for the Bonds shall be subject to the performance by the City of its obligations to be performed hereunder and under such documents and instruments at or prior to the Closing, and shall also be subject to the following conditions: (a) The representations and warranties of the City contained herein shall be true, complete and correct in all material respects on the date hereof and on and as of the date of Closing, as if made on the date of Closing; (b) At the time of the Closing, the Bond Ordinance and the Escrow Agreement shall be in full force and effect, and the Bond Ordinance and the Escrow Agreement shall not have been amended, modified, or supplemented and the Official Statement shall not have been amended, modified or supplemented, except as may have been agreed to by the Underwriter; (c) At the time of the Closing, all official actions of the City related to the Bond Ordinance shall be in full force and effect and shall not have been amended, modified or supplemented; (d) The City shall not have failed to pay principal or interest when due on any of its outstanding obligations for borrowed money; -5-