RES 94045A - Laserfiche WebLink

Memorandum") by Nossaman, Guthner, Knox & Elliott (which is incorporated herein by reference). (b) Disbursements. Any funds remaining in the Rebate Fund after redemption or payment of all Bonds Outstanding and any amounts described in paragraph (2) below, or provision made therefor, including accrued interest and payment of any applicable fees and any amounts due to the Trustee and satisfaction of the Rebate Requirement, shall be withdrawn by the Tmstee upon written instruction of the Authority and remitted to the Authority. Such written direction and any accompanying documents to be delivered to the Trustee not fewer than five (5) Business Days prior to the date any payment pursuant to this Section is due, the Trustee shall pay to the United States, out of amounts in the Rebate Fund: (1) not later than sixty (60) days after the end of the fifth Rebate Year (as defined in the Rebate Memorandum) and not less frequently than once each five years thereafter, an amount equal to at least 90% of the Aggregate Rebate Amount (as defined in the Rebate Memorandum); and (2) not later than silly (60) days after the retirement of the last Bond, an amount equal to 100% of the Aggregate Rebate Amount (as defined in the Rebate Memorandum) (determined az of the date of the retirement of the lazt Bond). In the event that, prior to the time of any required payment out of the Rebate Fund, the amount in the Rebate Fund is not sufficient to make such payment when such payment is due, the Authority shall calculate and pay to the Trustee from any source of funds legally available to the Authority an amount equal [o such deficiency for deposit into the Rebate Account prior to the time such payment is due. Each payment required to be made pursuant to this subsection shall be made to [he Internal Revenue Service Center, Philadelphia, Pennsylvania 19255 (or such other Intemal Revenue Service address az the Authority may by written notice instmct the Trustee is then appropriate) on or before the date such payment is due, and shall be accompanied by a statement prepared by the Authority or its agents summarizing the determination of the amount required to be paid pursuant to this subsection and by a copy of the Intemal Revenue Service Form 8038-G prepared by the AuthoriTy filed with respect to the Bonds. The determination of such amounts shall be made by one of the six largest national accounting firms or by nationally recognized bond counsel (3) The Trustee shall be protected in relying upon the written instructions of the Authority pursuant to this Section. Compliance by the Trustee with such written directions shall constitute full compliance by the Trustee with this Section 307(b) of the Trust Agreement and the Trustee shall have no duty to take any action in the absence of such instructions or to enforce compliance 6y the Authority with the terms of the Rebate Memorandum. 14 94WSOIMLAI