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ARTICLE VIII <br />DEFEASANCE <br />SECTION 8.01. DEFEASANCE. If (A) the Issuer shall pay or cause to be paid or <br />there shall otherwise be paid to the Holders of any Series of Bonds the principal and interest or <br />Redemption Price due or to become due thereon, at the times and in the manner stipulated therein <br />and in this Resolution, and (ii) the Issuer shall pay all amounts owing to any Credit Facility <br />Provider issuing a Credit Facility with respect to such Series of Bonds, and all covenants, <br />agreements and other obligations of the Issuer to the holders of such Series of Bonds shall <br />thereupon cease, terminate and become void and be discharged and satisfied. In such event, the <br />Paying Agents shall pay over or deliver to the Issuer all money or securities held by them pursuant <br />to this Resolution which are not required for payment or redemption of any Series of Bonds not <br />theretofore surrendered for such payment or redemption. <br />Any Bonds or interest installments appertaining thereto shall be deemed to have been paid <br />within the meaning of this Section 8.01 if there shall have been deposited in irrevocable trust with <br />a banking institution or trust company by or on behalf of the Issuer either moneys in an amount <br />which shall be sufficient, or Federal Securities verified by an independent certified public <br />accountant to be in such amount that the principal of and the interest on or redemption price which <br />when due will provide moneys which, together with the moneys, if any, deposited with such <br />banking institution or trust company at the same time shall be sufficient, to pay the principal of <br />and interest due and to become due on said Bonds on and prior to the maturity date thereof. Except <br />as hereafter provided, neither the Federal Securities nor any moneys so deposited with such <br />banking institution or trust company nor any moneys received by such bank or trust company on <br />account of principal of or redemption price, if applicable, or interest on said Federal Securities <br />shall be withdrawn or used for any purpose other than, and all such moneys shall be held in trust <br />for and be applied to, the payment, when due, of the principal of or redemption price of the Bonds <br />for the payment of which they were deposited and the interest accruing thereon to the date of <br />maturity; provided, however, the Issuer may substitute new Federal Securities and moneys for the <br />deposited Federal Securities and moneys if the new Federal Securities and moneys are sufficient <br />to pay the principal of and interest on or redemption price of the refunded Bonds. <br />For purposes of determining whether Variable Rate Bonds shall be deemed to have been <br />paid prior to the maturity or the redemption date thereof, as the case may be, by the deposit of <br />moneys, or specified Federal Securities and moneys, if any, in accordance with this Section 8.01, <br />the interest to come due on such Variable Rate Bonds on or prior to the maturity or redemption <br />date thereof, as the case may be, shall be calculated at the Maximum Interest Rate; provided, <br />however, that if on any date, as a result of such Variable Rate Bonds having borne interest at less <br />than the Maximum Interest Rate for any period, the total amount of moneys and specified Federal <br />Securities on deposit for the payment of interest on such Variable Rate Bonds is in excess of the <br />total amount which would have been required to be deposited on such date in respect of such <br />Variable Rate Bonds in order to satisfy this Section 8.01, such excess shall be paid to the Issuer <br />free and clear of any trust, lien, pledge or assignment securing the Bonds or otherwise existing <br />under this Resolution. <br />NRA <br />162 <br />