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ARTICLE X
COVENANTS AND AGREEMENTS
OF THE ISSUER
Section 10.01 Covenants and Agreements of the Issuer. In addition to any other covenants and
agreements of the Issuer contained in the Loan Agreement, this Indenture or the Bond Resolution, the Issuer
further covenants and agrees with the Holders and the Trustee as follows:
(a) Payment of Bond Debt Service Charges. The Issuer will pay all Bond Debt Service
Charges, or cause them to be paid, solely from the sources provided herein, on the dates, at the places and
in the manner provided in this Indenture.
(b) Issuer Revenues and Assignment of Issuer Revenues. The Issuer will not assign the Issuer
Revenues or create or authorize to be created any debt, lien or charge thereon, other than the assignment
thereof under this Indenture.
(c) Issuer Not to Adversely Affect Exclusion from Gross Income of Interest on Bonds. The
Issuer covenants that it (1) will take, or require to be taken, at the written direction of any Holder or the
Trustee, and at the expense of the Borrower, all reasonably required actions that may be required of the
Issuer for the interest on the Bonds to be and remain excluded from gross income for federal income tax
purposes; and (2) will not take or authorize to be taken any actions that would, to its actual knowledge,
adversely affect that exclusion under the provisions of the Code.
(d) Patriot Act. The Issuer covenants and agrees to provide documentation as reasonably
requested or required by the Trustee to enable the Trustee to satisfy the requirements of the USA Patriot
Act as described in Section 13.13 hereof.
Section 10.02 Observance and Performance of Covenants, Agreements, Authority and
Actions. The Issuer will observe and perform faithfully at all times all covenants, agreements, authority,
actions, undertakings, stipulations and provisions to be observed or performed on its part under the Loan
Agreement, this Indenture, the Bond Resolution, the Regulatory Agreement and the Bonds which are
executed, authenticated and delivered under this Indenture, and under all proceedings of the Issuer
pertaining thereto.
The Issuer represents and warrants that:
(a) It is duly authorized under the Constitution and laws of the Commonwealth, including
particularly and without limitation the Act, to issue the Bonds, to execute and deliver this Indenture, the
Loan Agreement, and the Regulatory Agreement and to provide the security for payment of the Bond Debt
Service Charges in the manner and to the extent set forth in this Indenture.
(b) All actions required on its part to be performed for the issuance, sale and delivery of the
Bonds and for the execution and delivery of this Indenture and the Loan Agreement have been taken duly
and effectively.
(c) The Bonds will be valid and enforceable special, limited obligations of the Issuer according
to their terms.
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