Orange County NC Website
Such valuations will be made at least every six months and at such additional times as the • <br />County may request, but in no event more frequently than monthly. <br />Section 6.06. Disposition. The Trustee will sell, or present for redemption, <br />and reduce to cash any Permitted Investment in a Fund or Account whenever the cash <br />balance in such Fund or Account is insufficient for the purposes thereof. <br />Section 6.07. Commingling of Moneys in Funds. The Trustee, upon a <br />County Representative's approval, may commingle any of the funds held by it pursuant to <br />this Trust Agreement with any other separate fund or funds for investment purposes only; <br />provided, however, that the Trustee will separately account for all Funds or Accounts <br />held by it under this Trust Agreement. <br />Section 6.08. Tax Covenants. The County and the Company covenant with <br />the Owners that, notwithstanding any other provision of this Trust Agreement, they will <br />make no use or investment of the proceeds of the Bonds which will cause the Bonds to be <br />"arbitrage bonds" or "private activity bonds" within the meaning of the Code. <br />Section 6.09. Information Concerning Investments. The Trustee will <br />establish and maintain written records regarding investments made under this Article VI, <br />and will supply such information to the County at its request, including information as to: <br />(a) purchase date; (b) purchase price; (c) information establishing that the purchase was • <br />at a fair market value as of the purchase date (e.g., the published quoted bid by a dealer in <br />such an investment on the purchase date); (d) any accrued interest paid; (e) face amount; <br />(f) coupon rate; (g) periodicity of interest payments; (h) disposition price; (i) any accrued <br />interest received; and (j) disposition date. <br />Section 6.10.. Restricted Yield Investments. The County may direct the <br />investment of any funds held under this Trust Agreement without regard to yield, despite <br />any provision in this Trust Agreement directing investment with regard to the Restricted <br />Yield, provided that prior to making such an investment, the County provides the Trustee <br />with an Opinion of Special Counsel, in form and substance reasonably acceptable to the <br />Trustee, to the effect that such an investment will not adversely affect any exclusion from <br />gross income that would otherwise be applicable to interest payments on the Bonds. <br />ARTICLE VII <br />DISCHARGE OF TRUST AGREEMENT <br />Section 7.01. Bonds Deemed Paid; Discharge of Trust Agreement. Any <br />Bond will be deemed paid for all purposes of this Trust Agreement when (a) payment of • <br />the principal, premium, if any, and interest with respect to such Bond to the due date of <br />such amounts (whether at maturity, upon prepayment or otherwise) either (i) has been <br />made in accordance with the terms of the Bonds or (ii) has been provided for by <br />irrevocably depositing with the Trustee or other fiduciary in escrow (A) cash sufficient to <br />i~ <br />