Orange County NC Website
There shall be a security interest in the moneys and <br /> investments held by the Depositary in the Project Fund for the <br /> benefit of the Holder , upon the terms and conditions provided <br /> herein, and this Agreement shall be deemed a security agreement <br /> with respect to the security interest so created. The Depositary <br /> shall be deemed to be ( 1) the secured party under G.S. 25-9-105 (m) <br /> of the Uniform Commercial Code of North Carolina, as amended ( the <br /> "UCC" ) , as a representative of the Holder, or ( 2) <br /> under G.S. 25-9-305 of the UCC holds collateral for the benefit lof <br /> the Holder as a secured party, in either case with an obligation <br /> to use moneys in the Project Fund solely as provided herein. Upon <br /> the occurrence of any Event of Default under the Loan Agreement, <br /> the Holder shall have all the rights and remedies available to a <br /> secured party under the UCC with respect to the moneys and <br /> investments held in the Project Fund. <br /> Any money or other assets remaining in the Project Fund at <br /> the Completion Date (as defined in the Loan Agreement) shall be <br /> applied by the Depositary, or paid to the Holder for application, <br /> on behalf of the Authority, as provided in Section 11 hereof, to <br /> the prepayment of installments of principal on the Bond in the <br /> inverse order of maturities pursuant to its terms. <br /> Section 10 . Investment of Project Fund and Other Mone s. <br /> Any moneys held as any part of the Project Fund or as any special <br /> trust funds shall, at the written direction of <br /> the <br /> Representative (as defined in the Loan Agreement ) , or <br /> reinvested by the Depositary or the Holder, as the� case lmay sbe,� to <br /> the extent permitted by law in ( i) obligations issued or <br /> guaranteed by the United States; ( ii ) obligations issued or <br /> guaranteed by any person controlled or supervised by and acting as <br /> an instrumentality of the United States pursuant to authority <br /> granted by the Congress of the United States; <br /> agreements issued by commercial banks, including the Depositaryaor <br /> issued by a broker, fully secured by by the United States or by an an issued or <br /> y supervised by and acting as an instrumentality n ofo the United States pursuant to authority granted by the Congress of the United <br /> States; ( iv) time deposits, includin <br /> issued by commercial banks, including thet�Depositaryf and osit <br /> foreign branches, with capital, surplus and undivided profits in <br /> excess of $25, 000,000; (v) a money rate account of the Depositary; <br /> (vi) commercial paper rated P-1 or P-2 by Moody ' s Investors <br /> Service, Inc. (or an equivalent rating by <br /> provided that the aggregate face amounts of allacommerc alopaper <br /> of any single entity held by the Depositary or the Holder for <br /> investment or reinvestment at any time shall not exceed <br /> $2, 000,000; and (vii ) obligations issued by any state or its <br /> political subdivisions the interest on which is exempt from <br /> Federal income taxes. Any moneys held by the Holder as Payment of <br /> 11 . <br />