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Fm,in�i,tl tni,u.uu� in.ur;utc. <br /> Company <br /> any other reserve turd substitute instrument (-Additional Reserve Policy") is <br /> provided, drawings under the Reserve Policy and any such Additional Reserve <br /> Policy, and repayment of Policy Costs and reimbursement burseent of amounts due under <br /> the Additional Reserve Policy, shall be made on a pro rata basis (calculated by <br /> reference to the Maximum Amounts available thereunder) after applying all <br /> available cash in the reserve fund and prior to replenishment of any such cash <br /> draws, respectively. <br /> (b) If the Issuer shall fail to repay any Policy Costs in accordance with the <br /> requirements of Paragraph 6(a) hereof, Financial Guaranty shall be entitled to <br /> exercise anv and all remedies available at law or under the authorizing document <br /> other than (i) acceleration of the maturity of the Bonds or (ii) remedies which <br /> would adversely affect Bondholders. <br /> (c) The authorizing document shall not be dischar-ed until all Policy Costs owing to <br /> Financial Guaranty shall have been paid in full.y <br /> (d) As security for the Issuer's repayment obligations with respect to the Reserve <br /> Policy, to the extent that the authorizing document pledges or grants a security <br /> interest in any revenues or collateral of the Issuer (or other obligor) as security for <br /> the Bonds, Financial Guaranty shall be granted a security interest in all such <br /> revenues and collateral, subordinate only to that of the Bondholders. <br /> (e) The additional bonds test and the rate covenant, if any, in the authorizing <br /> document shall expressly provide for at least one times coverage of the Issuer's <br /> obligations with respect to repayment of Policy Costs then due and owing. <br /> Furthermore, no additional bonds may be issued without Financial Guaranty's <br /> prior written consent if any Policy Costs are past due and owing to Financial <br /> Guaranty. The authorizing document shall be amended to provide that upon the <br /> issuance of additional parity obligations secured by the reserve fund, such reserve <br /> fund shall be fully funded (at the debt service reserve fund requirement) upon the <br /> issuance of such parity obligations,either with cash or permitted investments or by <br /> a reserve fund credit instrument acceptable to Financial Guaranty. <br /> (f) The authorizing document shall require the Trustee or Paying Agent, as applicable <br /> (the "Trustee") to ascertain the necessity for a claim upon the Reserve Policy and <br /> to provide notice to Financial Guaranty in accordance with the terms of the <br /> Reserve Policy at least two business days prior to each interest payment date. <br /> (g) The authorizing document shall not be modified or amended without the prior <br /> written consent of Financial Guaranty. <br /> (h) Financial Guaranty shall be provided with written notice of the resignation or <br /> removal of the Trustee and the appointment of a successor thereto and of the <br /> issuance of additional indebtedness of the Issuer at 115 Broadway, New York, <br /> New York 10006, Attention: Risk Management. <br /> (i) All of the conditions set forth in Financial Guaranty's Commitment for Municipal <br /> Bond Insurance in connection with the issuance of the Bonds shall have been met. <br /> 7. The Trustee, the Paying Agent or such other third party as shall be acceptable to Financial <br /> Guaranty shall be the custodian of the Reserve Policy and act as fiduciary for the <br /> Bondholders in respect thereof. <br /> Page 3 of 4 <br />