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may be signed or attested on behalf of the City by officers who at the date of actual execution of <br /> the Notes are the proper officers, although at the nominal date of execution of the Notes such <br /> officer was not an officer of the City. <br /> Only a Note that bears a Certificate of Authentication in the form set forth in Section 10, <br /> manually executed by the Note Registrar, shall be valid or obligatory for any purpose or entitled <br /> to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence <br /> that the Notes so authenticated has been duly executed, authenticated and delivered and is <br /> entitled to the benefits of this ordinance. <br /> Section 12. Tax Covenant; Special Designation. The City covenants to undertake all <br /> actions required to maintain the tax-exempt status of interest on the Notes under Section 103 of <br /> the Code as set forth in the Arbitrage and Tax Certification that will be executed at the closing of <br /> the Notes. <br /> The 2004 Note is hereby designated by the City as a "qualified tax-exempt obligation" <br /> under Section 265(b)(3) of the Code for investment by banks, thrift institutions and other <br /> financial institutions. The City does not anticipate issuing more than $10,000,000 of qualified <br /> tax exempt obligations during the year 2004. <br /> The 2003 Note is deemed designated as a "qualified tax-exempt obligation" under <br /> Section 265(b)(3) of the Code for investment by banks, thrift institutions and other financial <br /> institutions. <br /> Section 13. Sale of the Notes. The Council hereby accepts and approves the Bank's <br /> offer dated November 19, 2003, to renew a line of credit and purchase the refunding note <br /> authorized herein on the terms set forth in such offer and in this ordinance. The proper City <br /> officials are hereby authorized and directed to do everything necessary for the prompt execution <br /> -13- P:\CMW\CMW634 03/12/08 <br />