04-14-2021 Council Packet - Laserfiche WebLink

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36 or law firms may have acted as Bond Counsel or represented the Issuer, the Corporation, the Guarantor or the Underwriter or their affiliates, in capacities different from those described, and there will be no limitations imposed as a result of the issuance of the Series 2021D Bonds on the ability of any of these firms or attorneys to act as bond counsel or represent any of these parties in any future transactions. Potential purchasers of the Series 2021D Bonds should not assume that the Issuer, the Corporation, the Guarantor and the Underwriter or their respective counsel or Bond Counsel have not previously engaged in, or will not after the issuance of the Series 2021D Bonds engage in, other transactions with each other or with any affiliates of any of them, and no assurance can be given that there are or will be no past or future relationships or transactions between or among any of these parties or these attorneys or law firms. In addition, the Indenture permits the Trustee and its officers and directors to acquire and own or become the pledgee of Series 2021D Bonds and otherwise deal with the Issuer and the Corporation in the same manner, to the same extent and with like effect as though it were not Trustee under the Indenture. NO LITIGATION The Corporation There is no litigation of any nature pending or threatened against the Corporation to restrain or enjoin the issuance, sale, execution, or delivery of the Series 2021D Bonds or the application of the proceeds thereof toward the costs of the Project, or in any way contesting or affecting the validity of the Series 2021D Bonds or any proceedings of the Corporation taken with respect to the issuance or sale thereof, or the pledge or application of any moneys or security for the Series 2021D Bonds or the existence or powers of the Corporation. There is no litigation pending or, to the knowledge of the Corporation, threatened against the Corporation, wherein an unfavorable decision would adversely affect the ability of the Corporation to carry out its obligations under the Loan Agreement or the Indenture or would have a material adverse impact on the financial position of the Corporation. The Issuer There is not now pending or, to the knowledge of the Issuer, threatened any litigation to restrain or enjoin the issuance or delivery of the Series 2021D Bonds or questioning or affecting the validity of the Series 2021D Bonds or the proceedings or Issuer under which they are to be issued. Neither the creation, organization nor existence of the Issuer, nor the title of any of the present members or other officials of the Issuer to their respective offices is being contested. There is no litigation pending or, to the Issuer’s knowledge, threatened which in any manner questions the right of the Issuer to enter into the documents to be executed by the Issuer in connection with the Series 2021D Bonds or to secure the Series 2021D Bonds in the manner provided in the Indenture or the Act. MISCELLANEOUS The Corporation has furnished all information in this Official Statement relating to the Corporation, the Guarantor and its affiliates, the Project, the estimated sources and application of funds, bondholders’ risks, and including all information set forth in Appendix A to this Official Statement. All statements in this Official Statement involving matters of opinion or belief, whether or not expressly so stated, are intended as such and not as representations of fact. The Issuer has consented to the use of this Official Statement, but has made no independent investigation with respect to the information contained in this Official Statement except for the information set forth under the captions “THE ISSUER,” and “NO LITIGATION – The Issuer,” and, accordingly, the Issuer assumes no responsibility for the sufficiency, accuracy or completeness of such information except as set forth under such captions related to the Issuer. The Corporation has authorized or will authorize the distribution of this Official Statement. All quotations from, and summaries and explanations of, the Indenture and other documents referred to herein do not purport to be complete, and reference is made to said documents for full and complete statements of their provisions. All references herein to the Series 2021D Bonds are qualified by the definitive forms thereof and the