2001-049-ORD AUTHORIZING ISSUANCE, SALE AND DELIVERY OF COP TAX ADN REVENUE REFUNDING BONDS SERIES 2001

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such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements and shall provide audited financialslatements for the applicable fiscal year to each NRMSIRand any SID, when and if the audil report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating dala pursuant to this Section. The financial infonnation and operating data to be provided pursuant to this Section may be set fonh in full in one or more documents or may be included by specific reference to any documenl (including an official statement or other offering documen~ if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is malerial within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancemenls reflecting financial difficullies; 5. Substitution of credit or liquidity providers, or their failure to perfonn; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of propeny securing repayment of the Bonds; and II. Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the Issuer to provide financial infonnation or operating dala in accordance with subsection (a) of this Section by the time required by such subsection. (c) Limitations. Disclaimers. and Amendment.. (i) The Issuer shall be obligated to observe and perfonn the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligaled person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give nolice of any deposit made in accordance with this Ordinance or applicable law that causes Bonds no longer to be oUlstanding. (ii) The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder 10 any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and nolices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any olher infonnation that may be relevanl or material to a complete presentation of the Issuer's fmancial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any represenlation or warranty concerning such infonnation or its usefulness 10 a decision 10 invest in or sell Bonds at any future date. 23