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RES 94045A
City of Pleasanton
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RES 94045A
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4/13/2012 4:17:17 PM
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6/15/2000 4:39:25 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
4/19/1994
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interest on the Bonds on [he Interest Payment Date, principal payment date or <br />mandatory redemption dates, as applicable. <br />(b) Redemption Account. The Trustee, on the redemption date <br />specified in the Certificate of the Authority filed with the Trustee at the time that <br />any moneys to accomplish any redemption is paid [o the Trustee pursuant to the <br />installment Purchase Contract, shall deposit in the Redemption Account the <br />amount of such payment. All money in the Redemption Account shall be used <br />and withdrawn by the Trustee solely for the purpose of paying the interest and <br />principal and any applicable premium on the Bonds to be redeemed on their <br />respective redemption dates. <br />Section 3.07. Held in Trust. The moneys and investments held by the Trustee <br />under Sections 3.04, 3.05 and 3.06 are irrevocably held in trust for the benefit of the Owners, and, <br />in the case of the Rebate Fund established pursuant to Section 3.10 hereof, for payment as required <br />to the United States Treasury, and for the purposes herein specified, and such moneys, and any <br />income or interest earned thereon, shall be expended only as provided in this Trust Agreement, and <br />shall not be subject to levy or attachment or lien by or for the benefit of any creditor of the City, the <br />Trustee or the Authority, or any of them. <br />Section 3.08. Commingling of Moneys in Funds. The Trustee is directed by the <br />Authority to commingle any of the funds held by it pursuant to this Trust Agreement into a separate <br />fund or funds for investment purposes only; provided, however, that all funds or accounts held by <br />the Trustee hereunder shall be accounted for separately notwithstanding such commingling by [he <br />Trustee. <br />Section 3.09. Arbitrage Covenant. The Authority hereby covenants with the <br />Owners of the Bonds that, notwithstanding any other provision of this Trust Agreement, i[ will <br />make no use of the proceeds of the Bonds which would cause the Bonds to be "arbitrage bonds" <br />subject to federal income taxation by reason of Section 148 of the Internal Revenue Code of 1986, <br />as amended. The Trustee hereby covenants with the Owhers of the Bonds that it will comply with <br />the express provisions of this Trust Agreement and will follow the written directions of the <br />Authority and, so long as the Trustee shall have complied with the written instructions of the <br />Authority as provided in Section 3.10 hereof with respect to making any rebate indicated therein to <br />the United States, the Trustee shall conclusively be deemed to have complied with its obligations <br />hereunder and shall not be liable if the Bonds become arbitrage bonds. <br />Section 3.10. Rebate Fund. <br />(a) Establishment and Deposits. The Trustee is hereby authorized to establish, <br />when directed by the Authority, a special fund designated as the "Rebate Fund," and within the <br />Rebate Fund shall establish a Rebate Account ([he "Rebate Account") and an Earnings Account <br />(the "Earnings Account"). All money at any time received from the Authority which the Authority <br />instmcts the Trustee to deposit in the Rebate Fund shall be held by the Tmstee in trust, to the <br />extent required to satisfy the Aebate Requirement (as defined in the Authority's Nonarbitrage <br />Certificate), for payment to the United States Treasury. All amounts deposited in or on deposit in <br />the Rebate Fund shall be governed 6y Sections 3.09 hereof and this 3.10 and by the provisions of <br />15 <br />aoe~s¢.~nr <br />
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