RES 94045A - Laserfiche WebLink

the Rebate Memorandum provided to the Authority (the "Rebate Memorandum') by Nossaman, Guthner, Knox & Elliott (which is incorporated herein by reference). (b) Disbursements. Any funds remaining in the Aebate 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applicable fees and any amounts due to the Trvstee and the Insurer and satisfaction of the Rebate Requirement, shall be withdrawn by the Trustee upon written instruction of the Authority and remitted to the Authority.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 pursuantto this Section is due, the Trustee shall pay to the United Slates, 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 [o at least 90% of the Aggregate Rebate Amount (as defined in the Rebate Memorandum); and (2) not later than sixty (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 as of the date of the retirement of the last 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 [o 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 to 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 the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255 (or such other Intemal Revenue Service address as the Authority may by written notice instruct 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. (3) The Trustee shall be protected in relying upon the written instmctions of the Authority pursuant to this Section. Compliance by the Trustee with such written directions shall constitute full compliance by [he Trustee with this Section 3.10(b) of the Trust Agreement and the Tnstee shall have no duty to take any action in the absence of such instmMions or to enforce compliance by the Authority with the terms of the Rebate Memorandum. (c) Nonpurpose Obligations. All amounts received Rom investments in the Rebate Account shall be credited to and retained in the Earnings Account upon the receipt thereof. Investments held in the Rebate Account shall be valued in the manner provided in the Rebate Memorandum. 16 91°6]OIZ.LAI