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Resolution and shall apply to the Series 2009 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 21. DEFEASANCE. The provisions of Section 24 of the Original Resolution shall be deemed applicable to this Resolution and shall apply to the Series 2009 Bonds issued pursuant to this Resolution as though fully restated herein. SECTION 22. TAX COVENANTS. With respect to the Series 2009 Bonds for which the County intends on the date of issuance thereof for the interest thereon to be excluded from gross income for purposes of Federal income taxation: (A) The County shall not use or permit the use of any proceeds of the Series 2009 Bonds or any other funds of the County, directly or indirectly, to acquire any securities or obligations, and shall not use or permit the use of any amounts received by the County with respect to the Series 2009 Bonds in any manner, and shall not take or permit to be taken any other action or actions, which would cause any Series 2009 Bonds to be an "arbitrage bond" within the meaning of Section 148, or "federally guaranteed" within the meaning of Section 149(b), of the Internal Revenue Code of 1986, as amended (in this Section called the "Code"), or otherwise cause interest on the Series 2009 Bonds to become subject to Federal income taxation, including the creation of any rebate funds or other funds and/or accounts required in that regard. (B) The County shall at all times do and perform all acts and things permitted by law and this Resolution which are necessary or desirable in order to assure that interest paid on Series 2009 Bonds will be excluded from gross income for purposes of Federal income taxes and shall take no action that would result in such interest not being so excluded. SECTION 23. REBATE. Anything to the contrary notwithstanding contained herein or in the Original Resolution, the County shall at least annually transfer into the "Series 2009 Rebate Account" which is hereby created and established, from funds and accounts created under this Resolution to which income on investments attributable to the Series 2009 Bonds has been deposited, appropriate amounts sufficient to pay to the United States of America all amounts due with respect to the Series 2009 Bonds under the provisions of section 148(f) of the Code. The earnings on the Series 2009 Rebate Account shall be added to and become a part of the Series 2009 Rebate Account. Moneys in the Series 2009 Rebate Account shall be used by the County to pay any rebate liability under section 148(f) of the Code as and when due in accordance with instructions delivered to the County by Bond Counsel from time to time. SECTION 24. NEGOTIATED SALE OF SERIES 2009 BONDS. It is hereby found and determined that due to the complexity of the financing and the need to coordinate matters among the County and the Underwriter, it is in the best interest of the County to 10