No Private Use or Payment and No Private Loan Financing. The Lessee covenants and agrees that it will make such use of the proceeds of the Bonds including interest or other investment income derived from Bond proceeds, regulate the use of property financed, directly or indirectly, with such proceeds, and take such other and further action as may be required so that the Bonds will not be “private activity bonds” within the meaning of section 141 of the Code and the Regulations promulgated thereunder. Moreover, the Lessee shall certify, through an authorized officer, employee or agent that based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be “private activity bonds” within the meaning of section 141 of the Code and the Regulations promulgated thereunder.
No Private Use or Payment and No Private Loan Financing. The Lessee covenants and agrees that it will make such use of the proceeds of the Tax- Exempt Bonds, including interest or other investment income derived from bond proceeds, regulate the use of property financed, directly or indirectly, with such proceeds and take such other and further action as may be required so that the Bonds will be “qualified 501(c)(3) private activity bonds” within the meaning of Section 145 of the Code and the Regulations promulgated thereunder. Moreover, the Lessee shall certify, through an authorized officer, employee or agent that, based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, the proceeds of the Bonds will not be used in a manner that would cause the Bonds not to be “qualified 501(c)(3) private activity bonds” within the meaning of Section 145 of the Code and the Regulations promulgated thereunder. ARTICLE XIII ASSIGNMENT, SUBORDINATION, SUBLEASING, MORTGAGING AND SELLING
