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(f) While the Note remains outstanding, no portion of the proceeds of the Note will be used to provide any airplane, skybox or other private luxury box, any facility primarily used for gambling, or a store, the principal business olfwhich 'is the sale of alcoholic beverages for consumption off premises. (g) Any Issuance Expenses financed by the Note shall not exceed two, percent (2%) of the aggregate amount actually advanced on the Note., (h) The Borrower agrees it will not use the proceeds of the Note in such a manner as to cause the Note to be an "arbitrage bond"' within the meaning of Section 148, of the Code and applicable Treasury Regulations. The Borrower shall: (i) maintain records identifying all tiligross proceeds "" and "replacement proceeds" as defined in Section 148(f)(16)(B) of the Code attributable to the Note, the yield at which such gross proceeds are invested, any, arbitragle profit derived therefrom (earnings in excess of the yield on the Note) and any earnings derived fr'om, the 4 investment of such arbitrage profit-, (iii) make, or cause to be made as ofthile end of each fifth 'blond year, the annual determinations of the amount, if any, of excess, arbitrage required to, be paid to the United States the "Rebate Amount")4, iii pay, or cause to be paid, to the United States at least once every 41 fifth bond year the amount, if any, which i s required to be paid to the United States, V including the last installment which shall be made no later than 1610 days after the day on which the Note are paid in full; (I'v) not invest, or permit to be invested, "gross proceeds' "'" of the Note *111 any acquired nonpurpose obligations so as to deflect arbitrage otherwise payable to the United States as a "prohibited payment" to a third party, and (v) retain all records of the annual determination of the foregoing amounts until six (6) years after the Note have been fully paid. Notwithstmiding the foregoing, because all Note proceeds, shall be disbursed and used for Project costs on the Closing Date the Borrower shall not be required to comply with subsections (ii) and (iii) above unless gross proceeds and replacement proceeds arise with respect to the Note at a subsequent tim-le. (1) The Borrower has not leased, sold, assigned, granted or conveyed and will not lease, sell, assign, grant or convey all or any portion of the ProJect or anY ,interest therein to the United States or any agency or instrumentality thereof within the meaning of Section 149(b) of the Code. 0) In addition to the Note, no other obligations have been or will be 'issued under Section 103 of the. Code which are sold at substantially the same time as the Note pursuant to a common plan of marketing and at substantially the same rate of interest as the Note and which are payable in whole or part by the Borrower or otherwise have with the Note any 2144 817v 1 13