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during the calendar year in which the Bonds are issued is not reasonably expected to exceed <br />$5,000,000, within the meaning of Section 148(f)(4)(C) of the Code. <br />7.03. The City further covenants not to use the proceeds of the Bonds or to cause or <br />permit them or any of them to be used, in such a manner as to cause the Bonds to be "private <br />activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. <br />7.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the <br />meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and <br />representations: <br />(a) the Bonds are not "private activity bonds" as defined in Section 141 of the <br />Code; <br />(b) the City hereby designates the Bonds as "qualified tax-exempt <br />obligations" for purposes of Section 265(b)(3) of the Code; <br />(c) the reasonably anticipated amount of tax-exempt obligations (other than <br />any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by <br />the City (and all subordinate entities of the City) during calendar year 2003 will not <br />exceed $10,000,000; and <br />(d) not more than $10,000,000 of obligations issued by the City during <br />calendar year 2003 have been designated for purposes of Section 265(b)(3) of the Code. <br />7.05. The City will use its best efforts to comply with any federal procedural <br />requirements which may apply in order to effectuate the designations made by this section. <br />Section 8. Book -Entry System; Limited Obligation of City. <br />8.01. The Bonds will be initially issued in the form of a separate single typewritten or <br />printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon <br />initial issuance, the ownership of each Bond will be registered in the registration books kept by <br />the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, <br />New York, New York, and its successors and assigns (DTC). Except as provided in this section, <br />all of the outstanding Bonds will be registered in the registration books kept by the Bond <br />Registrar in the name of Cede & Co., as nominee of DTC. <br />8.02. With respect to Bonds registered in the registration books kept by the Bond <br />Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the <br />Paying Agent will have no responsibility or obligation to any broker dealers, banks and other <br />financial institutions from time to time for which DTC holds Bonds as securities depository <br />(Participants) or to any other person on behalf of which a Participant holds an interest in the <br />Bonds, including but not limited to any responsibility or obligation with respect to (i) the <br />accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership <br />interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a <br />SJB-240610v1 <br />LN 140-84 <br />