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135242345v3 <br /> <br /> <br />56 <br />sufficiency of any description of collateral in such initial filings or for filing any modifications or <br />amendments to the initial filings required by any amendments to Article 9 of the Uniform <br />Commercial Code and unless Fiscal Agent shall have been notified by Funding Lender that any <br />such initial filing or description of collateral was or has become defective, Fiscal Agent shall be <br />fully protected in relying on such initial filing and descriptions in filing any continuation <br />statements or modifications thereto pursuant to this Section 7.15 and in filing any continuation <br />statements in the same filing offices as the initial filings were made. <br />Section 7.16 USA Patriot Act Requirements of Fiscal Agent. To help the government <br />of the United States of America fight the funding of terrorism and money laundering activities, <br />federal law requires all financial institutions to obtain, verify, and record information that identifies <br />each Person who opens an account. For a non-individual Person such as a business entity, a charity, <br />a trust, or other legal entity, Fiscal Agent may request documentation to verify such Person’s <br />formation and existence as a legal entity. Fiscal Agent may also request financial statements, <br />licenses, identification and authorization documents from individuals claiming authority to <br />represent such Person or other relevant documentation. <br />ARTICLE VIII <br />AMENDMENTS OF CERTAIN DOCUMENTS <br />Section 8.01 Amendments to Funding Loan Agreement. Any of the terms of this <br />Funding Loan Agreement and the Governmental Note may be amended or waived only by an <br />instrument signed by Fiscal Agent and Governmental Lender, and with the prior written consent <br />of Funding Lender Representative. <br />Section 8.02 Amendments to Financing Documents Require Consent of Funding <br />Lender Representative. Neither Governmental Lender nor Fiscal Agent shall consent to any <br />amendment, change or modification of any Financing Document without the prior written consent <br />of Funding Lender Representative. Fiscal Agent shall enter into such amendments to the Financing <br />Documents as shall be directed by Funding Lender Representative, including entering into the <br />amendments attached as exhibits to the Construction Phase Financing Agreement on the <br />Conversion Date. <br />Section 8.03 Opinion of Bond Counsel Required. No amendment to this Funding Loan <br />Agreement, the Governmental Note, the Project Loan Agreement, the Project Note, the Security <br />Instrument or the TEL Regulatory Agreement shall become effective unless and until all of the <br />following have occurred: <br />(a) Funding Lender Representative shall have consented to the same in writing <br />in its sole discretion. <br />(b) Funding Lender Representative, Governmental Lender and Fiscal Agent <br />shall have received, at the expense of Borrower: <br />(i) An opinion of Bond Counsel to the effect that such amendment, <br />change or modification will not, in and of itself, cause interest on the Governmental <br />Note to be includable in the gross income of the holders thereof for federal income <br />tax purposes, and