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<br />. <br /> <br />be made to the Reserve Account if necessary, in order to <br />cause the amount on deposit therein to equal the Reserve <br />Requirement. Moneys in the Reserve Account shall be <br />transferred to the Interest Account or Principal Account to <br />pay interest on and principal of the Bonds either (i) as it <br />becomes due to the extent Tax Revenues are insufficient <br />therefor or (ii) at the final maturity of the Bonds. Any <br />portion of the Reserve Account which is in excess of the <br />Reserve Requirement shall be transferred at least <br />semiannually to the Interest Account. <br /> <br />. <br /> <br />(d) Surplus. It is the intent of this Resolution: <br />(i) that the deposits in subparagraphs (a) and (b) above to <br />the Interest Account and the Principal Account, <br />respectively, shall be made as scheduled, and (ii) that the <br />deposits in subparagraph (c) above to the Reserve Account <br />shall be made as necessary to maintain a balance equal to <br />the Reserve Requirement, if and only if the Tax Revenues <br />are sufficient therefor. Failure to make the required <br />deposits into the Reserve Account, as specified in <br />subparagraph (c) above, shall not be an event of default <br />if, and only if, the Tax Revenues are insufficient <br />therefor. Should it be necessary to defer all or part of <br />any deposits referred to in subparagraph (c) above, such <br />deferred deposits shall be cumulative and shall be made <br />when the Tax Revenues are sufficient to make the deposits <br />required by subparagraphs (a) and (b) and thereafter make <br />the deposits required by subparagraph (c). <br /> <br />. <br /> <br />If: (i) the above transfers have been made so that the <br />required amounts as of that time are in the above mentioned <br />Accounts, and (ii) the Tax Revenues to be received by the <br />Agency on or before June 30 of each year, based upon the <br />most recent assessed valuation of taxable property in the <br />Redevelopment Project Area, furnished by the appropriate <br />officer of the County of Orange are at least equal to 1.25 <br />times the Maximum Annual Debt Service on all Bonds, Parity <br />Bonds and any loans, advances or indebtedness payable from <br />Tax Revenues on a parity with the Bonds pursuant to Section <br />33670 of the Law, as shown by the certificate or opinion of <br />an Independent Financial Consultant employed by the Agency, <br />and (iii) there has been no material change in the status <br />of the Redevelopment Project which in the opinion of an <br />Independent Redevelopment Consultant, said opinion having <br />been filed with the Fiscal Agent, would be likely to result <br />in diminution of increment in the succeeding fiscal year, <br />any balances in the Special Fund may be used and applied by <br />the Agency for any lawful purpose, including without <br />limitation, the purchase and/or call and redemption of <br />Bonds and Parity Bonds; provided, however, any balance in, <br />the Special Fund shall be used to call and redeem Bonds at <br />the next available call date pursuant to Section 11(B), <br /> <br />0715p/2281/04 <br /> <br />-l5- <br />