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if a forward supply contract is employed in connection with the refunding, (i) such verification report <br />shall also expressly state that the adequacy of the escrow to accomplish the refunding relies solely on <br />the initial escrowed investments and the maturing principal thereof and interest income thereon and <br />does not assume performance under or compliance with the forward supply contract, and (ii) the <br />applicable escrow agreement shall provide that in the event of any discrepancy or difference between <br />the terms of the forward supply contract and the escrow agreement (or the authorizing document, <br />if no separate escrow agreement is utilized), the terms of the escrow agreement or authorizing <br />document, if applicable, shall be controlling. <br />SECTION 25. PROVISIONS APPLICABLE TO BOND INSURER. <br />(A) Payments under the Policy: <br />G) <br />AUGUST 7, 2001 <br />If, on the third day preceding any interest payment date for the Bonds there <br />is not on deposit with the Paying Agent sufficient moneys available to pay all <br />principal of and interest on the Bonds due on such date, the Paying Agent <br />shall immediately notify the Bond Insurer and State Street Bank and Trust <br />Company, N.A , New York, New York or its successor as its Fiscal Agent <br />(the `Fiscal Agent') of the amount of such deficiency. If, by said interest <br />payment date, the Issuer has not provided the amount of such deficiency, the <br />Paying Agent shall simultaneously make available to the Bond Insurer and to <br />the Fiscal Agent the registration books for the Bonds maintained by the Paying <br />Agent. In addition: <br />(a) The Paying Agent shall provide the Bond Insurer with a list of the <br />Bondholders entitled to receive principal or interest payments from the <br />Bond Insurer under the terms of the Bond Insurance Policy and shall <br />make arrangements for the Bond Insurer and its Fiscal Agent (1) to <br />mail checks or drafts to Bondholders entitled to receive full or partial <br />interest payments from the Bond Insurer and (2) to pay principal of <br />the Bonds surrendered to the Fiscal Agent by the Bondholders entitled <br />to receive full or partial principal payments from the Bond Insurer <br />and <br />(b) <br />The Paying Agent shall, at the time it makes the registration books <br />available to the Bond Insurer pursuant to (A) above, notify <br />Bondholders entitled to receive the payment of principal of or interest <br />on the Bonds from the Bond Insurer (1) as to the fact of such <br />entitlement, (2) that the Bond Insurer will remit to them all or part of <br />the interest payments coming due subject to the terms of the Bond <br />Insurance Policy, (3) that, except as provided in paragraph (ii) below, <br />m the event that any Bondholder is entitled to receive full payment of <br />principal from the Bond Insurer, such Bondholder must tender his <br />Bond with the instrument of transfer in the form provided on the Bond <br />executed in the name of the Bond Insurer, and (4) that, except as <br />provided in paragraph (h) below, in the event that such Bondholder is <br />entitled to receive partial payment of principal from the Bond Insurer, <br />such Bondholder must tender his Bond for payment first to the Paying <br />Agent, which shall note on such Bond the portion of principal paid by <br />the Paying Agent, and then, with an acceptable form of assignment <br />executed in the name of the Bond Insurer, to the Fiscal Agent which <br />will then pay the unpaid portion of pnncipal to the Bondholder subject <br />to the terms of the Bond Insurance Policy. <br />-96- <br />61<Iiylib1II <br />