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of this Indenture or the Promissory Note, and any investments thereof, shall be held by the Trustee or the
Paying Agent in trust. Except for money held by the Trustee pursuant to Section 5.09 hereof, all money
described in the preceding sentence held by the Trustee or the Paying Agent shall be subject to the lien
hereof while so held.
Section 5.07 Nonpresentment of Bonds. In the event that any Bond shall not be presented for
payment when the principal thereof becomes due, or a check or draft for interest is uncashed, if money
sufficient to pay the principal then due of that Bond or of such check or draft shall have been made available
to the Trustee for the benefit of its Holder, all liability of the Issuer to that Holder for such payment of the
principal then due of such Bond or of such check or draft thereupon shall cease and be discharged
completely. Thereupon, it shall be the duty of the Trustee to hold such money, without liability for interest
thereon, in a separate account in the Bond Fund for the exclusive benefit of the Holder, who shall be
restricted thereafter exclusively to such money for any claim of whatever nature on its part under this
Indenture or on, or with respect to, the principal then due of that Bond or of such check or draft. The
Trustee shall notify the Borrower in writing of any Bond that has not been presented for payment when the
principal thereof becomes due.
Any of such money which shall be so held by the Trustee, and which remains unclaimed by the
Holder of a Bond not presented for payment or check or draft not cashed for a period of two (2) years after
the due date thereof, shall be paid to the Borrower free of any trust or lien, upon a request of the Borrower
in writing executed by an Authorized Borrower Representative. Thereafter, the Holder of that Bond shall
look only to the Borrower for payment and then only to the amounts so received by the Borrower without
any interest thereon, and the Trustee shall not have any responsibility with respect to such money.
Section 5.08 Repayment to the Borrower from the Bond Fund. Except as provided in
Section 5.09 hereof, any amounts remaining in the Bond Fund (a) after all of the Outstanding Bonds shall
be deemed paid and discharged under the provisions of this Indenture and (b) after payment of all fees,
charges and expenses of the Trustee, the Registrar, the Paying Agents and the Issuer, and of all other
amounts required to be paid under this Indenture, the Loan Agreement, the Regulatory Agreement and the
Promissory Note shall be paid to the Borrower to the extent that those amounts are in excess of those
necessary to effect the payment and discharge of the Outstanding Bonds.
Section 5.09 Rebate Fund. Any provision hereof to the contrary notwithstanding, amounts
credited to the Rebate Fund shall be free and clear of any lien hereunder.
The Trustee shall furnish to the Borrower all information reasonably requested by the Borrower or
its Rebate Analyst with respect to the Bonds and investments of the funds and accounts maintained by the
Trustee hereunder. The Trustee shall make deposits to and disbursements from the Rebate Fund (including
rebate payments to the United States of America required to be made by the Tax Certificate), as well as
investments of the amounts therein, in accordance with the written directions received from the Borrower
pursuant to the Tax Certificate.
All amounts on deposit at any time in the Rebate Fund shall be held by the Trustee in trust to the
extent required to pay rebatable arbitrage to the United States of America. A firm of lawyers, accountants
or consultants selected by the Borrower (the “Rebate Analyst”) will calculate the rebate amount as provided
in the Tax Certificate within 60 days after the end of each Bond Year during which any Bonds remain
Outstanding (or any other date specified by the Rebate Analyst), and within 60 days after the date of
redemption of the last maturity constituting a portion of the Bonds, the Rebate Analyst shall calculate the
rebate amount for the immediately preceding Bond Year. A copy of each rebate amount calculation shall
be provided to the Trustee. The Trustee may conclusively rely upon the calculation made by the Rebate
Analyst and shall not be liable or responsible therefor. All amounts in the Rebate Fund shall be used and
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