Common use of Certain Acknowledgements and Agreements Clause in Contracts

Certain Acknowledgements and Agreements. (a) CAG acknowledges (i) that the assets (the “Covered Assets”) listed on Schedule A attached hereto (the “Exempt Facilities”) are being financed with the proceeds of the pollution control revenue bonds listed in the adjacent column on Schedule A (together with any tax-exempt revenue bonds issued in the future to refinance the bonds listed on Schedule A, the “Tax-Exempt Bonds”) and (ii) that CAG has been informed by ACE that the continuing tax-exempt status of the Tax-Exempt Bonds depends on the continuing qualifying use of the Exempt Facilities (“Qualifying Use”) in accordance with Section 103(b)(4)(F) of the United States Internal Revenue Code of 1954 and the regulations promulgated thereunder.

Certain Acknowledgements and Agreements. (a) CAG CDG acknowledges (i) that the assets (the “Covered Assets”) listed on Schedule A attached hereto (the “Exempt Facilities”) are being financed with the proceeds of the pollution control revenue bonds listed in the adjacent column on Schedule A (together with any tax-exempt revenue bonds issued in the future to refinance the bonds listed on Schedule A, the “Tax-Exempt Bonds”) and (ii) that CAG CDG has been informed by ACE DPL that the continuing tax-exempt status of the Tax-Exempt Bonds depends on the continuing qualifying use of the Exempt Facilities (“Qualifying Use”) in accordance with Section 103(b)(4)(F) of the United States Internal Revenue Code of 1954 and the regulations promulgated thereunder.