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<br />9 <br />4846-5351-8811v3/200434-0005 <br />j. The investment agreement shall provide that moneys invested under <br />the agreement must be payable and putable at par to the Trustee <br />without condition, breakage fee or other penalty, upon not more than <br />two (2) business days’ notice, or immediately on demand for any <br />reason for which the funds invested may be withdrawn from the <br />applicable fund or account established under the authorizing <br />document, as well as the following: <br />(i) In the event of a deficiency in the debt service <br />account; <br />(ii) Upon acceleration after an event of default; <br />(iii) Upon refunding of the Bonds in whole or in part; <br />(iv) Reduction of any debt service reserve requirement for <br />the Bonds; or <br />(v) If a determination is later made by a nationally <br />recognized bond counsel that investments must be <br />yield-restricted. <br />Notwithstanding the foregoing, the agreement may provide for a <br />breakage fee or other penalty that is payable in arrears and not as a <br />condition of a draw by the Trustee if the City’s obligation to pay such <br />fee or penalty is subordinate to its obligation to pay debt service on <br />the Bonds and to make deposits to any debt service reserve fund <br />established for the Bonds. <br />(k) The investment agreement shall establish the following as events of <br />default, the occurrence of any of which shall require the immediate <br />liquidation of the investment securities: <br />(i) Failure of the provider or the guarantor (if any) to <br />make a payment when due or to deliver Permitted <br />Collateral of the character, at the times or in the <br />amounts described above; <br />(ii) Insolvency of the provider or the guarantor (if any) <br />under the investment agreement; <br />(iii) Failure by the provider to remedy any deficiency with <br />respect to required Permitted Collateral; <br />(iv) Failure by the provider to make a payment or observe <br />any covenant under the agreement; <br />(v) The guaranty (if any) is terminated, repudiated or <br />challenged; or <br />(vi) Any representation of warranty furnished to the <br />Trustee or the issuer in connection with the agreement <br />is false or misleading.