Laserfiche WebLink
cancellation of Bonds, non -presentment of Bonds, and the duties of the Trustee in connection <br />with all of the foregoing, shall remain in effect and shall be binding upon the Trustee and the <br />Owners and the Trustee shall continue to be obligated to hold in trust any moneys or investments <br />then held by the Trustee for the payment of the principal of and interest and premium, if any, on <br />the Bonds, to pay to the Owners of the Bonds the funds so held by the Trustee as and when such <br />payment becomes due. <br />Section 11.02 Bonds Deemed to Have Been Paid. (a) If moneys shall have been set <br />aside and held by the Trustee for the payment or redemption of any Bond and the payment of the <br />interest thereon to the maturity or redemption date thereof, such Bond shall be deemed to have <br />been paid within the meaning and with the effect provided in Section 11.01 hereof. Any <br />Outstanding Bond shall prior to the maturity date or redemption date thereof be deemed to have <br />been paid within the meaning of and with the effect expressed in Section 11.01 hereof if: <br />(i) there shall have been deposited with the Trustee either (A) money in an <br />amount which shall be sufficient, or (B) Federal Securities, the principal of and the <br />interest on which when due, and without any reinvestment thereof, will provide moneys <br />which shall be sufficient to pay when due the interest to become due on such Bond on <br />and prior to the maturity date or redemption date thereof, as the case may be, and the <br />principal of and premium, if any, on such Bond, and <br />(ii) in the event such Bond is not by its terms subject to redemption within the <br />next succeeding 60 days, the Agency shall have given the Trustee in form satisfactory to <br />it irrevocable instructions to mail as soon as practicable, a notice to the owners of such <br />Bond that the deposit required by clause (i) above has been made with the Trustee and <br />that such Bond is deemed to have been paid in accordance with this section and stating <br />the maturity date or redemption date upon which money is to be available for the <br />payment of the principal of and premium, if any, on such Bond. <br />Neither the money nor the Federal Securities deposited with the Trustee pursuant to this <br />subsection in connection with the deemed payment of Bonds, nor principal or interest payments <br />on any such Federal Securities, shall be withdrawn or used for any purpose other than, and shall <br />be held in trust for and pledged to, the payment of the principal of and, premium, if any, and <br />interest on such Bonds. <br />(b) No Bond shall be deemed to have been paid pursuant to clause (i) of subsection <br />(a) of this section unless the Agency shall cause to be delivered (A) an executed copy of a <br />Verification Report with respect to such deemed payment, (B) a copy of the escrow agreement <br />entered into in connection with the deposit pursuant to clause (i) of subsection (a) of this section <br />resulting in such deemed payment, which escrow agreement shall be acceptable to the Bond <br />Insurer and provide that no substitution of Federal Securities shall be permitted except with other <br />Federal Securities and upon delivery of a new Verification Report and no reinvestment of <br />Federal Securities shall be permitted except as contemplated by the original Verification Report <br />or upon delivery of a new Verification Report, and (C) a copy of an opinion of counsel of <br />recognized standing in the field of law relating to municipal bonds, dated the date of such <br />deemed payment and addressed to the Agency, the Trustee and the Bond Insurer, insuring the <br />Bonds to be defeased, to the effect that such Bond has been paid within the meaning and with the <br />4150-2542-5420.3 54 <br />40990-25 <br />SA -3-72 <br />