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Closing Date, captioned “PLAN OF FINANCING,” “THE PROJECT AND THE PRIVATE
PARTICIPANTS,” “CERTAIN BONDHOLDERS’ RISKS” (but only with respect to those risks that
expressly relate to the Borrower, the other private participants or the Project), “NO LITIGATION – The
Borrower,” and “CONTINUING DISCLOSURE” of any material fact necessary to be stated therein in
order to make the statements made therein, in light of the circumstances under which they were made, not
misleading.
(f) As of the date hereof, neither the Borrower nor the General Partner is in violation of, breach
of or default under any applicable law of the Commonwealth or of any state in which the Borrower or the
General Partner is authorized to do business or of the United States, or any order, rule or regulation of any
court or governmental agency or body having jurisdiction over the Borrower or the General Partner or any
of their respective activities, properties or assets, or any indenture, mortgage, deed of trust, resolution, note
agreement (including, without limitation, the Borrower Documents) or other agreement or instrument to
which the Borrower or the General Partner is a party or by which the Borrower or the General Partner or
any of their respective property or assets is bound, which violation or breach of or default would have a
material adverse effect upon the transactions contemplated by this Bond Purchase Agreement, and no event
has occurred and is continuing which with the passage of time or the giving of notice, or both, would
constitute such a default or event of default under any such instruments; and the execution and delivery of
the Borrower Documents, and compliance with the provisions on the Borrower’s or the General Partner’s
part contained therein, do not and will not conflict with or constitute on the part of the Borrower or the
General Partner a violation or breach of or default under any law of the Commonwealth or of any state in
which the Borrower or the General Partner is authorized to do business or of the United States, or any order,
rule or regulation of any court or governmental agency or body having jurisdiction over the Borrower or
the General Partner or any of their respective activities, properties or assets, or any indenture, mortgage,
deed of trust, resolution, note agreement (including, without limitation, the Borrower Documents) or other
agreement or instrument to which the Borrower or the General Partner is a party or by which the Borrower
or the General Partner or any of their respective property or assets is bound which violation, breach or
default would have a material adverse effect upon the transactions contemplated by this Bond Purchase
Agreement, nor will any such execution, delivery or compliance result in the creation or imposition of any
lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or
assets of the Borrower or the General Partner or under the terms of any such law, regulation or instrument,
except as provided by the Bonds or the Borrower Documents.
(g) All consents, approvals, authorizations, and orders of or filings or registrations with any
governmental authority, board, agency or commission of any state or of the United States having
jurisdiction required in connection with, or the absence of which would materially adversely affect, the
execution and delivery by the Borrower of the Borrower Documents or the performance by the Borrower
of its obligations thereunder have been obtained or made and are in full force and effect or will be timely
obtained.
(h) As of the date hereof, there is no action, suit, proceeding, inquiry or investigation of which
the Borrower has been notified, at law or in equity, before or by any judicial or administrative court or
governmental agency or body, state, federal or other, pending or, to the best knowledge of the Borrower,
threatened against the Borrower or the General Partner, affecting the existence of the Borrower or the
General Partner or the titles of their respective officers executing this Bond Purchase Agreement to their
respective offices, or contesting or affecting as to the Borrower or the General Partner, as applicable, the
validity or enforceability of the Bonds, any Borrower Document or the execution and delivery or adoption
by the Borrower of any Borrower Document, or in any way contesting or challenging the completeness or
accuracy of the Official Statement or the powers of the Borrower or the General Partner or their respective
authority with respect to the Borrower Documents or the consummation of the transactions contemplated
hereby or thereby; nor, to the best knowledge of the Borrower, is there any basis for any such action, suit,
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