Common use of Tax-Exempt Status of Bonds Clause in Contracts

Tax-Exempt Status of Bonds. The Authority and the Company mutually covenant and agree that neither of them shall take or authorize or permit any action to be taken, and have not taken or authorized or permitted any action to be taken, which results in interest paid on the Bonds being included in gross income for purposes of federal income taxes. Without limiting the generality of the foregoing, the Company further covenants, represents and agrees as follows: (a) Substantially all of the net proceeds of the sale of the Series 1984 Bonds have been used to undertake the acquisition of air or water pollution control facilities or sewerage control facilities or solid waste disposal facilities within the meaning of Section 103(b)(4) of the Internal Revenue Code of 1954, as amended. All of the proceeds of the Series 1984 Bonds and the Prior Bonds have been expended. (b) The weighted average maturity of the Series 2021B Bonds does not exceed 120% of the reasonably expected economic life of the Facilities financed with the proceeds of the Series 1984 Bonds. (c) The principal amount of the Series 2021B Bonds shall not exceed the outstanding principal amount of the Prior Bonds. (d) The Series 2021B Bonds are not and will not be "federally guaranteed" (as defined in Section 149(b) of the Code). (e) None of the proceeds of the Series 2021B Bonds will be used, and none of the proceeds of the Series 1984 Bonds or the Prior Bonds were used, to provide any airplane, skybox or other private luxury box, or health club facility; any facility primarily used for gambling; or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. (f) The information furnished by the Company and used by the Authority in preparing its No-Arbitrage Certificate dated the issue date of the Series 2021B Bonds is accurate and complete as of the date of the issuance of the Series 2021B Bonds. (g) None of the proceeds of the Series 2021B Bonds will be used to finance Costs of Issuance of the Series 2021B Bonds. (h) The Company will take no action that would cause any funds constituting gross proceeds of the Series 2021B Bonds to be used in a manner as to constitute a prohibited payment under the applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code and the applicable regulations thereunder. The Company will not knowingly take any action, or knowingly omit to take any action, which action or omission will adversely affect the exclusion from gross income of the holders thereof for federal income tax purposes of interest on the Bonds (other than holders who are substantial users of the Facilities or related persons within the meaning of section 147(a) of the Code), and in the event of such action or omission (whether taken with knowledge or not) will promptly, upon receiving knowledge thereof, take all lawful actions, based on advice of Bond Counsel and at the Company's expense, as may rescind or otherwise negate such action or omission. The covenants and agreements contained in this Section 6.4 shall survive any termination of this Agreement.

Tax-Exempt Status of Bonds. The Authority Issuer and the Company mutually covenant and agree that neither of them shall take or authorize or permit any action to be taken, and have not taken or authorized or permitted any action to be taken, which results in interest paid on the Bonds being included in gross income for purposes of federal income taxes. Without limiting the generality of the foregoing, the Company further covenants, represents and agrees as follows: (a) Substantially all of the net proceeds of the sale of the Series 1984 Bonds have been used to undertake the acquisition of air or water pollution control facilities or sewerage control facilities or solid waste disposal facilities within the meaning of Section 103(b)(4) of the Internal Revenue Code of 1954, as amended. All of the proceeds of the Series 1984 Bonds and the Prior Bonds have been expended. (b) The weighted average maturity of the Series 2021B 2010A Bonds does not exceed 120% of the reasonably expected economic life of the Facilities financed with the proceeds of the Series 1984 Bonds. (c) The principal amount of the Series 2021B 2010A Bonds shall not exceed the outstanding principal amount of the Prior Bonds. (d) The Series 2021B 2010A Bonds are not and will not be "“federally guaranteed" ” (as defined in Section 149(b) of the Code). (e) None of the proceeds of the Series 2021B 2010A Bonds will be used, and none of the proceeds of the Series 1984 Bonds or the Prior Bonds were used, to provide any airplane, skybox or other private luxury box, or health club facility; any facility primarily used for gambling; or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. (f) The information furnished by the Company and used by the Authority Issuer in preparing its No-Arbitrage Certificate dated the issue date of the Series 2021B 2010A Bonds is accurate and complete as of the date of the issuance of the Series 2021B 2010A Bonds. (g) None of the proceeds of the Series 2021B 2010A Bonds will be used to finance Costs of Issuance of the Series 2021B 2010A Bonds. (h) The Company will take no action that would cause any funds constituting gross proceeds of the Series 2021B 2010A Bonds to be used in a manner as to constitute a prohibited payment under the applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code and the applicable regulations thereunder. The Company will not knowingly take any action, or knowingly omit to take any action, which action or omission will adversely affect the exclusion from gross income of the holders thereof for federal income tax purposes of interest on the Bonds (other than holders who are substantial users of the Facilities or related persons within the meaning of section 147(a) of the Code), and in the event of such action or omission (whether taken with knowledge or not) will promptly, upon receiving knowledge thereof, take all lawful actions, based on advice of Bond Counsel and at the Company's ’s expense, as may rescind or otherwise negate such action or omission. The covenants and agreements contained in this Section 6.4 shall survive any termination of this Agreement.

Tax-Exempt Status of Bonds. The Authority and the Company mutually covenant and agree that neither of them shall take or authorize or permit any action to be taken, and have not taken or authorized or permitted any action to be taken, which results in interest paid on the Bonds being included in gross income for purposes of federal income taxes. Without limiting the generality of the foregoing, the Company further covenants, represents and agrees as follows: (a) Substantially all of the net proceeds of the sale of the Series 1984 Bonds have been used to undertake the acquisition of air or water pollution control facilities or sewerage control facilities or solid waste disposal facilities within the meaning of Section 103(b)(4) of the Internal Revenue Code of 1954, as amended. All of the proceeds of the Series 1984 Bonds and the Prior Series 2016B Bonds have been expended. (b) The weighted average maturity of the Series 2021B 2021A Bonds does not exceed 120% of the reasonably expected economic life of the Facilities financed with the proceeds of the Series 1984 Bonds. (c) The principal amount of the Series 2021B 2021A Bonds shall not exceed the outstanding principal amount of the Prior Series 2016B Bonds. (d) The Series 2021B 2021A Bonds are not and will not be "federally guaranteed" (as defined in Section 149(b) of the Code). (e) None of the proceeds of the Series 2021B 2021A Bonds will be used, and none of the proceeds of the Series 1984 Bonds or the Prior Series 2016B Bonds were used, to provide any airplane, skybox or other private luxury box, or health club facility; any facility primarily used for gambling; or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. (f) The information furnished by the Company and used by the Authority in preparing its No-Arbitrage Certificate dated the issue date of the Series 2021B 2021A Bonds is accurate and complete as of the date of the issuance of the Series 2021B 2021A Bonds. (g) None of the proceeds of the Series 2021B 2021A Bonds will be used to finance Costs of Issuance of the Series 2021B 2021A Bonds. (h) The Company will take no action that would cause any funds constituting gross proceeds of the Series 2021B 2021A Bonds to be used in a manner as to constitute a prohibited payment under the applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code and the applicable regulations thereunder. The Company will not knowingly take any action, or knowingly omit to take any action, which action or omission will adversely affect the exclusion from gross income of the holders thereof for federal income tax purposes of interest on the Bonds (other than holders who are substantial users of the Facilities or related persons within the meaning of section 147(a) of the Code), and in the event of such action or omission (whether taken with knowledge or not) will promptly, upon receiving knowledge thereof, take all lawful actions, based on advice of Bond Counsel and at the Company's expense, as may rescind or otherwise negate such action or omission. The covenants and agreements contained in this Section 6.4 shall survive any termination of this Agreement.

Tax-Exempt Status of Bonds. The Authority Issuer and the Company mutually covenant and agree that neither of them shall take or authorize or permit any action to be taken, and have not taken or authorized or permitted any action to be taken, which results in interest paid on the Bonds being included in gross income for purposes of federal income taxes. Without limiting the generality of the foregoing, the Company further covenants, represents and agrees as follows: (a) Substantially all of the net proceeds of the sale of the Series 1984 Bonds have been used to undertake the acquisition of air or water pollution control facilities or sewerage control facilities or solid waste disposal facilities within the meaning of Section 103(b)(4) of the Internal Revenue Code of 1954, as amended. All of the proceeds of the Series 1984 Bonds and the Prior Bonds have been expended. (b) The weighted average maturity of the Series 2021B 2010 Bonds does not exceed 120% of the reasonably expected economic life of the Facilities financed with the proceeds of the Series 1984 Bonds. (c) The principal amount of the Series 2021B 2010 Bonds shall not exceed the outstanding principal amount of the Prior Bonds. (d) The Series 2021B 2010 Bonds are not and will not be "“federally guaranteed" ” (as defined in Section 149(b) of the Code). (e) None of the proceeds of the Series 2021B 2010 Bonds will be used, and none of the proceeds of the Series 1984 Bonds or the Prior Bonds were used, to provide any airplane, skybox or other private luxury box, or health club facility; any facility primarily used for gambling; or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. (f) The information furnished by the Company and used by the Authority Issuer in preparing its No-Arbitrage Certificate dated the issue date of the Series 2021B 2010 Bonds is accurate and complete as of the date of the issuance of the Series 2021B 2010 Bonds. (g) None of the proceeds of the Series 2021B 2010 Bonds will be used to finance Costs of Issuance of the Series 2021B 2010 Bonds. (h) The Company will take no action that would cause any funds constituting gross proceeds of the Series 2021B 2010 Bonds to be used in a manner as to constitute a prohibited payment under the applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code and the applicable regulations thereunder. The Company will not knowingly take any action, or knowingly omit to take any action, which action or omission will adversely affect the exclusion from gross income of the holders thereof for federal income tax purposes of interest on the Bonds (other than holders who are substantial users of the Facilities or related persons within the meaning of section 147(a) of the Code), and in the event of such action or omission (whether taken with knowledge or not) will promptly, upon receiving knowledge thereof, take all lawful actions, based on advice of Bond Counsel and at the Company's ’s expense, as may rescind or otherwise negate such action or omission. The covenants and agreements contained in this Section 6.4 shall survive any termination of this Agreement.

Tax-Exempt Status of Bonds. The Authority Issuer and the Company mutually covenant and agree that neither of them shall take or authorize or permit any action to be taken, and have not taken or authorized or permitted any action to be taken, which results in interest paid on the Bonds being included in gross income for purposes of federal income taxes. Without limiting the generality of the foregoing, the Company further covenants, represents and agrees as follows: (a) Substantially all of the net proceeds of the sale of the Series 1984 Prior Bonds have been used to undertake the acquisition of air or water pollution control facilities or sewerage control facilities or solid waste disposal facilities within the meaning of Section 103(b)(4) of the Internal Revenue Code of 1954, as amended. All of the proceeds of the Series 1984 Bonds and the Prior Bonds have been expended. (b) The weighted average maturity of the Series 2021B 2010B Bonds does not exceed 120% of the reasonably expected economic life of the Facilities financed with the proceeds of the Series 1984 Prior Bonds. (c) The principal amount of the Series 2021B 2010B Bonds shall not exceed the outstanding principal amount of the Prior Bonds. (d) The Series 2021B 2010B Bonds are not and will not be "“federally guaranteed" ” (as defined in Section 149(b) of the Code). (e) None of the proceeds of the Series 2021B 2010B Bonds will be used, and none of the proceeds of the Series 1984 Bonds or the Prior Bonds were used, to provide any airplane, skybox or other private luxury box, or health club facility; any facility primarily used for gambling; or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. (f) The information furnished by the Company and used by the Authority Issuer in preparing its No-Arbitrage Certificate dated the issue date of the Series 2021B 2010B Bonds is accurate and complete as of the date of the issuance of the Series 2021B 2010B Bonds. (g) None of the proceeds of the Series 2021B 2010B Bonds will be used to finance Costs of Issuance of the Series 2021B 2010B Bonds. (h) The Company will take no action that would cause any funds constituting gross proceeds of the Series 2021B 2010B Bonds to be used in a manner as to constitute a prohibited payment under the applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code and the applicable regulations thereunder. The Company will not knowingly take any action, or knowingly omit to take any action, which action or omission will adversely affect the exclusion from gross income of the holders thereof for federal income tax purposes of interest on the Bonds (other than holders who are substantial users of the Facilities or related persons within the meaning of section 147(a) of the Code), and in the event of such action or omission (whether taken with knowledge or not) will promptly, upon receiving knowledge thereof, take all lawful actions, based on advice of Bond Counsel and at the Company's ’s expense, as may rescind or otherwise negate such action or omission. The covenants and agreements contained in this Section 6.4 shall survive any termination of this Agreement.

Tax-Exempt Status of Bonds. The Authority Issuer and the Company mutually covenant and agree that neither of them shall take or authorize or permit any action to be taken, and have not taken or authorized or permitted any action to be taken, which that results in interest paid on the Bonds being included in gross income for purposes of federal income taxes. Without limiting the generality of the foregoing, the Company further covenants, represents and agrees as follows: (a) Substantially all of the net proceeds of the sale of the Series 1984 Prior Bonds have been used to undertake the acquisition of air or and water pollution control facilities or sewerage control facilities or and sewage and solid waste disposal facilities within the meaning of Section 103(b)(4) of the Internal Revenue Code of 1954, as amended1954 Code. All of the proceeds of the Prior Bonds, the Series 1984 1998 Bonds and the Prior Series 2019 Bonds have been expended. (b) The weighted average maturity of the Series 2021B 2021 Bonds does not exceed 120% of the reasonably expected economic life of the Facilities financed with the proceeds of the Series 1984 Prior Bonds. (c) The principal amount of the Series 2021B 2021 Bonds shall not exceed the outstanding principal amount of the Prior Series 2019 Bonds. (d) The Series 2021B 2021 Bonds are not and will not be "federally guaranteed" (as defined in Section 149(b) of the Code). (e) None of the proceeds of the Series 2021B 2021 Bonds will be used, and none of the proceeds of the Series 1984 2019 Bonds, the Series 1998 Bonds or the Prior Bonds were used, to provide any airplane, skybox or other private luxury box, or health club facility; , any facility primarily used for gambling; , or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. (f) The information furnished by the Company and used by the Authority Issuer in preparing its No-Arbitrage Certificate dated the issue date of the Series 2021B 2021 Bonds is accurate and complete as of the date of the issuance of the Series 2021B 2021 Bonds. (g) None of the proceeds of the Series 2021B 2021 Bonds will be used to finance Costs of Issuance of the Series 2021B 2021 Bonds. (h) The Company will take no action that would cause any funds constituting gross proceeds of the Series 2021B 2021 Bonds to be used in a manner as to constitute a prohibited payment under the applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code and the applicable regulations thereunder. The Company will not knowingly take any action, or knowingly omit to take any action, which action or omission will adversely affect the exclusion from gross income of the holders thereof for federal income tax purposes of interest on the Bonds (other than holders who are substantial users of the Facilities or related persons within the meaning of section 147(a) of the Code), and in the event of such action or omission (whether taken with knowledge or not) will promptly, upon receiving knowledge thereof, take all lawful actions, based on advice of Bond Counsel and at the Company's expense, as may rescind or otherwise negate such action or omission. The covenants and agreements contained in this Section 6.4 shall survive any termination of this Agreement.

Tax-Exempt Status of Bonds. The Authority Issuer and the Company mutually covenant and agree that neither of them shall take or authorize or permit any action to be taken, and have not taken or authorized or permitted any action to be taken, which results in interest paid on the Bonds being included in gross income for purposes of federal income taxes. Without limiting the generality of the foregoing, the Company further covenants, represents and agrees as follows: (a) Substantially all of the net proceeds of the sale of the Series 1984 Prior Bonds have been used to undertake the acquisition of air or water pollution control facilities or sewerage control facilities or solid waste disposal facilities within the meaning of Section 103(b)(4) of the Internal Revenue Code of 1954, as amended1954 Code. All of the proceeds of the Series 1984 Prior Bonds and the Prior 1998 Bonds have been expended. (b) The weighted average maturity of the Series 2021B 2019 Bonds does not exceed 120% of the reasonably expected economic life of the Facilities Project financed with the proceeds of the Series 1984 Prior Bonds. (c) The principal amount of the Series 2021B 2019 Bonds shall not exceed the outstanding principal amount of the Prior 1998 Bonds. (d) The Series 2021B 2019 Bonds are not and will not be "federally guaranteed" (as defined in Section 149(b) of the Code). (e) None of the proceeds of the Series 2021B 2019 Bonds will be used, and none of the proceeds of the Series 1984 Prior Bonds or the Prior 1998 Bonds were used, to provide any airplane, skybox or other private luxury box, or health club facility; , any facility primarily used for gambling; , or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. (f) The information furnished by the Company and used by the Authority Issuer in preparing its No-Arbitrage Tax Certificate dated the issue date of the Series 2021B 2019 Bonds is accurate and complete as of the date of the issuance of the Series 2021B 2019 Bonds. (g) None of the proceeds of the Series 2021B 2019 Bonds will be used to finance Costs of Issuance of the Series 2021B 2019 Bonds. (h) The Company will take no action that would cause any funds constituting gross proceeds of the Series 2021B 2019 Bonds to be used in a manner as to constitute a prohibited payment under the applicable regulations pertaining to, or in any other fashion as would constitute failure of compliance with, Section 148 of the Code and the applicable regulations thereunder. The Company will not knowingly take any action, or knowingly omit to take any action, which action or omission will adversely affect the exclusion excludability from gross income of the holders thereof for federal income tax purposes of interest on the Bonds (other than holders who are substantial users of the Facilities Project or related persons within the meaning of section 147(a) of the Code)) and, and in the event of such action or omission (whether taken with knowledge or not) ), will promptly, upon receiving knowledge thereof, take all lawful actions, based on advice of Bond Counsel and at the Company's expense, as may rescind or otherwise negate such action or omission. The Company further covenants and agrees that it will not use or permit the use by any person of any of the funds provided by the Issuer hereunder or any other of its funds, directly or indirectly, or direct the Trustee to invest any funds held by it under the Indenture or this Agreement, in such manner as would, or enter into, or allow any "related person" (as defined in Section 103(b)(13) of the 1954 Code) to enter into, any arrangement, formal or informal, that would, or take or omit to take any other action that would, cause any Bond to be an "arbitrage bond" within the meaning of Section 148(a) of the Code or result in the loss of the excludability from gross income for federal income tax purposes of the interest paid on the Bonds to the extent afforded under Section 103 of the 1954 Code. The Company acknowledges Section 7.2 of the Indenture and agrees to perform all duties imposed upon it by such Section including but not limited to its obligations under the Tax Certificate. The covenants and agreements contained in this Section 6.4 shall survive any termination of this Agreement.