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related to the Bonds, the Trustee shall be entitled to file a suit in interpleader in a court of competent
jurisdiction seeking to require the parties to interplead and litigate in such court their several claims and
rights among themselves. Upon the filing of such a suit and the deposit of the applicable funds to such
court, the Trustee will ipso facto be fully released and discharged from all obligations to further perform
any and all duties imposed hereunder or any other document related to the Bonds regarding such matter
and/or such funds that are the subject of such interpleader suit. In the event that the Trustee remains as
Trustee under this Indenture and receives a court order, directive or other request regarding the interpleader
suit, the Trustee shall be entitled to rely upon such instruction without incurring any obligation or liability
and the parties hereto release, hold harmless and indemnify the Trustee for any obligation or liability for so
relying on such court instruction.
Section 6.18 Survival of Certain Provisions. The provisions of Sections 6.01 through 6.17
hereof shall survive the release, discharge and satisfaction of this Indenture.
Section 6.19 Concerning the Remarketing Agent. The Remarketing Agent identified in
Section 1.01 hereof shall serve as the Remarketing Agent for the Bonds. The Remarketing Agent shall
designate to the Trustee its designated office and signify its acceptance of the duties and obligations
imposed upon it hereunder by a written instrument of acceptance delivered to the Issuer, the Borrower and
the Trustee. In addition, the Remarketing Agent will agree particularly to:
(a) keep such records relating to its computations of interest rates for the Bonds as shall be
consistent with prudent industry practice and to make such records available for inspection by the Issuer,
the Trustee and the Borrower at all reasonable times; and
(b) perform all of its functions and duties under this Indenture.
The Remarketing Agent shall be entitled to advice of legal counsel on any matter relating to the
Remarketing Agent’s obligations hereunder and shall be entitled to act upon the opinion of such counsel in
the exercise of reasonable care in fulfilling such obligations.
The Remarketing Agent shall be entitled to appoint additional co-Remarketing Agents to assist in
the performance of the Remarketing Agent’s obligations under this Indenture, and any such appointment
shall be effective without any action by the Issuer or the Borrower being necessary; provided that any such
co-Remarketing Agent, shall have a capitalization of at least $5,000,000, or shall have a line of credit with
a commercial bank in the amount of at least $5,000,000, shall be in conformity with all standards and
requirements of the Municipal Securities Rulemaking Board and the Securities and Exchange Commission,
and shall be authorized by law to perform all the duties imposed upon it by this Indenture. The Remarketing
Agent shall take responsibility for any co-Remarketing Agent it appoints.
Section 6.20 Qualification of Remarketing Agent. The Remarketing Agent shall be a member
in good standing of the Financial Industry Regulatory Authority having a capitalization of at least
$5,000,000, or shall have a line of credit with a commercial bank in the amount of at least $5,000,000, and
shall be authorized by law to perform all the duties imposed upon it by this Indenture. Subject to the terms
of the Remarketing Agreement, the Remarketing Agent may at any time resign and be discharged of the
duties and obligations created by this Indenture by giving at least 30 days’ notice of such resignation to the
Issuer, the Borrower, the Investor Limited Partners, and the Trustee. The Remarketing Agent may be
removed, with prior notice to the Issuer, at any time by the Borrower, with at least 30 days’ notice of such
removal to the Remarketing Agent.
Upon any resignation or removal of the Remarketing Agent, the departing Remarketing Agent shall
pay over, assign and deliver any money and Bonds held by it in such capacity to its successor.
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