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"Permitted Investments" means any of the following to the extent permitted by <br /> the laws of the State (the Trustee is entitled to rely on any Written Request of the Authority <br /> directing investments as a certification to the Trustee that such investments are so permitted). <br /> (1) Federal Securities and any investment fund, including money market <br /> funds or other investment policy arrangement which purchases and holds exclusively Federal <br /> Securities, <br /> (2) Obligations issued by federal land banks or federal home loan banks, or <br /> obligations, participations, or other instruments issued by, or fully guaranteed as to principal and <br /> interest by, the Federal National Mortgage Association, or obligations, participations, or other <br /> instruments issued by a federal agency or a United States government-sponsored enterprise, <br /> (3) Investments in repurchase agreements under the terms of which the <br /> underlying collateral is transferred to the possession of the Trustee of any securities authorized <br /> by paragraphs (1) and (2) above which have a fair market value (valued at cost) at least equal to <br /> 103% of the amount invested in the repurchase agreement and are free of third party claims, <br /> (4) Nonnegotiable certificates of deposit issued by a nationally chartered <br /> bank, a bank chartered by the State of California or a foreign banking corporation, authorized <br /> pursuant to Section 1756 of the California Financial Code to transact business in the State of <br /> California by accepting deposits, or a State of California or federal savings and loan association, <br /> provided that such certificates of deposit are fully collateralized in the manner required for <br /> collateralization of trust funds, and <br /> (5) Any investment agreement, guarantee or other investment vehicle or <br /> security issued by, secured by or otherwise representing the general obligations of a financial <br /> institution whose long-term unsecured, uninsured and unguaranteed obligation or claims-paying <br /> ability is rated AA or better by any Rating Agency at the time of its issuance, provided that (a) <br /> the agreement is not subordinated to any other obligations of such financial institution, and(b) if <br /> the financial institution fails to maintain a rating of AA or better(without regard to gradations), <br /> the City shall have the right to demand collateral in the form of securities authorized by <br /> paragraphs (1) and (2) above pledged to secure the investment agreement Such collateral shall <br /> be pledged through the Trustee and shall have a fair market value (valued at cost) of at least <br /> 103% of the value of funds remaining in the investment agreement Further, the City shall have <br /> the nght to withdraw all funds without penalty should the financial institution fail to provide <br /> collateral as required under this paragraph, <br /> (6) Investments otherwise defined in Section 53601 of the California <br /> Government Code, as amended from time to time, provided that the Trustee is obligated to invest <br /> in any form of investment pursuant to this subparagraph (6) except upon receipt of a certificate <br /> of an Authorized Officer of the City that any directed investment to be made pursuant to this <br /> subparagraph (6) meets this definition as set forth in this subparagraph (6) <br /> "Principal Trust Office" means the corporate trust office of the Trustee located <br /> in Pleasanton, California or such other office or offices as the Trustee shall designate from time <br /> to time <br /> -5- <br /> 2762680 2 <br />