O-1991-1755 - Laserfiche WebLink

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. . (e) At or prior to the Closing, the City shall have subscribed to the United States Treasury for the purchase of State and Local Government Treasury Obligations required to be deposited with the Escrow Agent (as hereinafter defined) pursuant to and as defined in the Escrow Agreement and the subscription for the securities to be escrowed shall have been honored by the Bureau of Public Debt of the United States Treasury Department on the Date of Closing; and (f) At or prior to the Closing, the Underwriter shall have received each of the following documents: (1) The Official Statement of the City executed on behalf of the City by the Mayor of the City; (2) The Bond Ordinance certified by the City Secretary under its seal as having been duly adopted by the City and as being in effect, with such changes or amendments as may have been agreed to by the Underwriter; . (3) The opinion, dated the date of Closing, of McGinnis, Lochridge & Kilgore, Bond Counsel, in form and substance acceptable to the Underwriter concerning the validity of the Bonds under Texas law and the excludability from gross income, for federal tax purposes, of interest on the Bonds; (4) An opinion or certificate, dated on or J?rior to the date of Closing, of the Attorney General of Texas, approvmg the Bonds as required by law; (5) A certificate, dated the date of Closing, signed by the Mayor of the City in his official capacity, to the effect that (i) the representations and warranties of the City contained herein are true and correct in all material respects on and as of the date of Closing, as if made on the date of closing; (ii) except to the extent disclosed in the Official Statement, no litigation is pending or, to the knowledge of such persons, threatened in any court to restrain or enjoin the issuance or delivery of the Bonds, or the levy or collection of the taxes pledged or to be pledged to pay the principal of and interest on the Bonds, or the pledge thereof, or in any way contesting or affecting the validity of the Bonds, the Bond Ordinance, the Escrow Agreement, or this Bond Purchase Agreement, or contesting the powers of the City or contesting the authorization of the Bonds or the Bond Ordinance, or contesting in any way the accuracy, completeness or fairness of the Preliminary Official Statement or the Official Statement (but in lieu of or in conjunction with such certificate, the Underwriter may, in its sole discretIOn, accept certificates or opinions of counsel of the City that, in his or her opinion, the issues raised in any such pending or threatened litigation are without substance or that the contentions of all plaintiffs therein are without merit); (iii) to the best of his knowledge, no event affecting the City has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purpose for which it is to be used or which it is necessary to disclose therein in order to make the statements and information therein not misleading in any respect; (iv) there has not -6-