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<br />3 <br />4846-5351-8811v3/200434-0005 <br />“Costs of Issuance” means all costs and expenses incurred by the City in connection with the <br />issuance of the Bonds and the refunding of the Unfunded Liability, including, but not limited to, out- <br />of-pocket expenses of the City, costs and expenses of printing and copying documents and the Bonds <br />and the fees, costs and expenses of Rating Agencies, credit providers or enhancers, the Trustee, <br />counsel to the Trustee, Bond Counsel, the verification agent, accountants, municipal finance <br />consultant, disclosure counsel and other consultants and the premium for any municipal bond <br />insurance and surety bond insurance. <br />“Defeasance Securities” means any of the following: (a) non-callable direct obligations of <br />the United States of America (“Treasuries”), (b) evidence of ownership of proportionate interests in <br />future interest and principal payments on Treasuries held by a bank or trust company as custodian, <br />under which the owner of the investment is the real party in interest and has the right to proceed <br />directly and individually against the obligor and the underlying Treasuries are not available to any <br />person claiming through the custodian or to whom the custodian may be obligated, and (c) pre- <br />refunded municipal obligations rated “AAA” and “Aaa” by S&P and Moody’s, respectively (or any <br />combination thereof), which shall be authorized to be used to effect defeasance of the Bonds. <br />“DTC” means The Depository Trust Company, a limited-purpose trust company organized <br />under the laws of the State of New York, and its successors and assigns. <br />“Event of Default” means any occurrence or event specified in Section 11.01 hereof. <br />“Fiduciary or Fiduciaries” means the Trustee, any Paying Agent, or any or all of them, as <br />may be appropriate. <br />“Fiscal Year” means the period of time beginning on July 1 of each given year and ending <br />on June 30 of the immediately subsequent year, or such other period as the City designates as its <br />fiscal year. <br />“Fund” means any fund established pursuant to this Trust Agreement. <br />“Holder,” or “Bondholder,” “owner” or “registered owner” means the registered owner of <br />any Bonds, including DTC or its nominee as the sole registered owner of Book-Entry Bonds. <br />“Information Services” means any one or more of the national information services that <br />Trustee determines are in the business of disseminating notices of redemption of obligations such as <br />the Bonds. <br />“Interest Payment Date” means __________ 1 and __________ 1 of each year commencing <br />__________ 1, 20__. <br />“Mail” means by first-class United States mail, postage prepaid. <br />“Moody’s” means Moody’s Investors Service, Inc., New York, New York, and its <br />successors, and, if such corporation shall for any reason no longer perform the functions of a <br />securities rating agency, “Moody’s” shall be deemed to refer to any other nationally recognized <br />rating agency designated by the City. <br />“Opinion of Bond Counsel” means a written opinion of Bond Counsel.