04-26-2023 Council Packet - Laserfiche WebLink

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77060900v2 20 (j) Upon receipt thereof by the Borrower, notice of the cancellation or expiration (without renewal or replacement) of any insurance required to be maintained by this Agreement; (k) Not later than the Completion Date: (i) a Completion Certificate in the form attached as Schedule 7 hereto; and (ii) an Estimated Use of Proceeds Certificate in the form set forth in Schedule 8 hereto; (l) Not later than the Stabilization Date: (i) a Construction Closeout Deliveries Certificate in the form attached as Schedule 9 hereto; (ii) a Final Use of Proceeds Certificate in the form set forth in Schedule 10 hereto; and (iii) a Stabilization Certificate in the form set forth on Schedule 11 hereto; (m) As soon as possible and in any event within fifteen (15) days after the occurrence of an Event of Default, a statement of the General Partner setting forth the details of such Event of Default and the action which the Borrower proposes to take with respect thereto; (n) Contemporaneously with the delivery to the Funding Lender copies of any notices, reports or other information provided to the Funding Lender under the Funding Loan Documents; (o) Copies of IRS Forms 8609 as issued and received by the Borrower; (p) [Intentionally omitted]; (q) Upon receipt thereof, copies of all real estate tax bills and insurance bills; (r) Upon receipt thereof, copies of all bills for Governmental Lender Fees or Fiscal Agent Fees and, upon payment, evidence of payment of such fees; (s) Promptly following filing thereof, all tax returns of the Borrower and, if requested by the Controlling Person, the General Partner; and (t) Such other information respecting the operations and properties, financial or otherwise, of the Borrower as the Controlling Person may from time to time reasonably request. Section 6.10 Tax-Exempt Status. (a) The Borrower covenants, represents and agrees that it will not take or omit to take or permit any action that, if taken or omitted, respectively, would adversely affect the exclusion of interest on the Governmental Note from gross income for federal income tax purposes and, if it should take or permit any such action, the Borrower will take all lawful actions that it can take to rescind such action promptly upon having knowledge thereof and that the Borrower will take such action or actions, including amendment of this Agreement, the Mortgage and the Land Use Restriction Agreement, as may be necessary, in the opinion of Tax Counsel, to comply fully with all applicable rules, rulings, policies, procedures, regulations or other official statements promulgated or proposed by the Department of the Treasury or the Internal Revenue Service applicable to the Governmental Note or affecting the Project Facilities. (b) The Borrower will not make or permit any use, and will not direct the Funding Lender to make any investment or use of the proceeds of any of the Governmental Note, which would cause any of the Governmental Note to be “arbitrage bonds” within the meaning of Section 148 of the Code and the Regulations thereunder as the same may be applicable to the Governmental