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85006350
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Last modified
10/18/2011 4:47:08 AM
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4/1/2008 5:35:35 PM
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DEEDS
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85006350
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85- 006359 <br />remaining excess over five percent (5 %) being used by Trustee <br />for the purchase of Bonds in the open market, which Bonds shall <br />thereupon be canceled, or applied toward the redemption of <br />Bonds at the earliest redemption date permitted by the <br />Indenture. <br />Section 4.6. Company Required to Pay All Costs of Acaui- <br />sition and Construction. Company agrees to complete the <br />acquisition, construction, improving and equipping of the <br />Project, and to pay that portion of the costs of the Project in <br />excess of the moneys available therefor in the Construction <br />Fund, from its general revenues, capital contributions or any <br />other sources available to Company. Issuer does not make any <br />warranty, either express or implied, that the moneys paid into <br />the Construction Fund and available for payment of the Eligible <br />Costs will be sufficient to pay all of the costs of the <br />Project. Company agrees that if, after exhaustion of the <br />moneys in the Construction Fund, Company should pay any portion <br />of the costs of the Project pursuant to the provisions of this <br />Section 4.6, Company shall not be entitled to any reimbursement <br />therefor from Issuer or from Trustee or from the holders of any <br />of the Bonds, nor shall Company be entitled to any diminution <br />of the amounts payable under Sections 5.2, 5.3 and 5.4 hereof. <br />Section 4.7. Investment of Moneys. Any moneys held as a <br />part of the Bond Fund, Construction Fund, or any other Fund in <br />connection with the Bonds or the Project or treated pursuant to <br />the Indenture shall be invested by Trustee, at the written <br />direction of Company Representative, to the extent permitted by <br />law and in accordance with the provisions of Article VI of the <br />Indenture, in (i) obligations issued or guaranteed by the <br />United States; (ii) obligations issued or guaranteed by any <br />person controlled or supervised by and acting as an <br />instrumentality of the United States pursuant to authority <br />granted by the Congress of the United States; (iii) obligations <br />issued or guaranteed by any state of the United States, or the <br />District of Columbia, or any political subdivision of any such <br />state or district; (iv) commercial paper rated either P -1 or <br />A -1 or an equivalent by Moody's Investors Service, Inc. or <br />Standard i Poor's Corporation, both of New York, New York, or <br />their successors; (v) finance company paper rated either P -1 or <br />A -1 or an equivalent by Moody's Investors Service, Inc. or <br />Standard z Poor's Corporation or an equivalent, both of <br />New York, New York, or their successors; (vi) bankers <br />acceptances drawn on and accepted by banks organized under the <br />laws of any state or of the United States which have a combined <br />capital and surplus and undivided profits and reserves of at <br />least $25,000,000; (vii) repurchase agreements fully secured by <br />obligations issued or guaranteed by the United States or by any <br />-21- <br />
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