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for such fiscal year certified by any independent certified
public accountants acceptable to the Trustee, (B) copies of .
all statements and reports sent to stockholders or filed
with the Securities and Exchange Commission, and (C) such
other financial data that the Trustee may reasonably request. ~
Further, the Company will furnish to the Trustee in the manner
provided the documents of the Company corresponding to the
documents of Di Giorgio set forth in (A) through (C) above,
but said documents are not required to be certified by any
independent certified public accountant. All Di Giorgio financial
statements specified in clause (A) shall be furnished in consolidated
form for Di Giorgio and its subsidiaries, with comparative '
consolidated figures for the preceeding fiscal year. With
each delivery of financial statements required by clause (A), ~
the Company will deliver to the Trustee a certificate signed
by the president or a vice president of the Company stating
that there exists no event of default or default hereunder, or
if such event of default or default exists, stating the nature
thereof, the.period of existence thereof and what action the ~
Company is taking or proposes to take with respect thereto.
A copy of such certificate shall be simultaneously ~urnished ;
to the Issuer. The Trustee is hereby authorized by the Company '
to deliver to any regulatory body having jurisdiction over
the Trustee with respect to this transaction copies of any E
financial data furnished pursuant to the requireinents of `
this Section.
Section 6.08. COVENANT PROHIBITING EXCESSIVE ARBITRAGE.
The Issuer, the Company and the Trustee each covenant to the
purchasers of the Bonds~provided for in the~Resolution that
the~Issuer, the Company and the Trustee each individually
will make no use of the proceeds of the Bonds at any time
during the term of the Bonds which, if such use had been ~
reasonably expected on the date the Bonds were issued, would -
have caused such Bonds to be "Arbitrage Bonds" within the meaning -
of Section 103(d) of the Internal Revenue Code of 1954, as amended,
as interpreted by Sections 1.103-13 and 1.103-14 of the ~
Regulations proposed for such purpose by the United States
Treasury Department or, after permanent regulations interpret-
ing such Code section are promulgated, the corresponding
provisions of such permanent regulations. The Tssuer, the
Company and the Trustee understand that this covenant imposes
an obligation on the Issuer, the Company and the Trustee through-
~ out the term of the issue to comply with the requirements of
~ Section 103(d) of the Interna]. Revenue Code of 1954, as amended,
j and to comply with the requirements of Treasury Regulations
j Sections 1.103-13 and 1.103-14 or, after permanent regulations
~ interpreting such Code section are promulgated, the corresponding
; provisions of such permanent requlations.
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i ARTICLE VII
EVENTS OF DEFAULT AND REMEDIES
~ 5ection 7.01. ACTS CONSTITUTING EVENTS OF DEFAULT.
; The following shall be "events of default" under this Agree-
ment and the terms "event of default" or "default" shall mean,
~ whenever they are used in this Agreement, any one or more
t of the following events:
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