Agenda - Council - 08/13/2013 - Laserfiche WebLink

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York Times), the average of the bid and asked prices for such investments so published on or most recently prior to such time of determination; (b) as to investments the bid and asked prices of which are not published on a regular basis in The Wall Street Journal or The New York Times, the average bid price at such time of determination for such investments by any two nationally recognized government securities dealers at the time making a market in such investments or the bid price published by a nationally recognized pricing service; (c) as to certificates of deposit and bankers acceptances: the face amount thereof, plus accrued interest; (d) as to cash, the actual amount thereof; and (e) as to any investment not specified above, the value thereof established by prior agreement among the Company and the Trustee. THE LOAN AGREEMENT The following is a summary of certain provisions contained in the Loan Agreement and is qualified in its entirety by reference to the Loan Agreement. The definitions of all capitalized terms used herein not otherwise defined can be found in "APPENDIX I DEFINITIONS OF CERTAIN TERMS AND SUMMARIES OF DOCUMENTS —DEFINITIONS" or in the Loan Agreement or the Indenture, unless the context indicates otherwise. Issuance of the Bonds Pursuant to the Loan Agreement, the Issuer agrees to issue the Bonds and to deposit the proceeds therefrom with the Trustee. From the proceeds of the sale of the Bonds (net of Underwriter's discount), the Trustee will deposit (i) $974,712.50 to the Reserve Fund, (ii) $216,555.89 to the Cost of Issuance Fund, (iii) $45,393.24 of accrued interest and rounding amount to the Bond Fund, (iv) $640,000 to the Project Fund and (v) $11,299,627.60 to the Escrow Fund held by the Escrow Agent pursuant to the Escrow Agreement plus $1,239,081.63 from the proceeds of the Series 2004A Bonds and the Series 2009 Bonds. Investment of the Revenue Fund, Bond Fund, Project Fund, Rebate Fund, Reserve Fund and Costs of Issuance Fund and Expense Fund Any moneys held as a part of the Revenue Fund, the Bond Fund, the Project Fund, the Reserve Fund, the Costs of Issuance Fund, the Rebate Fund, Expense Fund and any other fund held by the Trustee will be invested or reinvested in any Permitted Investments by the Trustee at the request of and as directed by the Company Representative. All such Permitted Investments will at all times be a part of the fund from which the moneys used to acquire such Permitted Investments will have come, and all income and profits on such Permitted Investments will be credited to, and losses thereon will be charged against, such funds, except that the earnings (net of investment losses, if any) from the Reserve Fund and the Costs of Issuance Fund will be credited to the Bond Fund and from the Expense Fund will be credited to the Revenue Fund as provided in the Indenture. Such Permitted Investments will be made so as to mature or be subject to redemption at the option of the holder thereof on or prior to the date or dates that the Company anticipates that moneys therefrom will be required. Such Permitted Investments are to be held as part of the Trust Estate and will be registered in the name of the Trustee. E-8