Orange County NC Website
43 <br /> Section 3.OS. Use of Net Proceeds Fund from Prior Agreement. The <br /> Trustee is to maintain and administer the Net Proceeds Fund established under the <br /> Prior Agreement to the same effect and purpose as provided in the Prior Agreement <br /> with respect to the 2024 Bonds as to all Prior Bonds generally. <br /> Section 3.06. Restricted Yield Investment. Not later than June 1, 2027, the <br /> County shall (a) invest any "Covered Proceeds," as defined below, that the County <br /> holds, and (b) direct the Trustee to invest any Covered Proceeds the Trustee holds, <br /> in either (i) Legal Investments providing a fixed yield at or below the "Restricted <br /> Yield," as defined below, (ii) obligations described in Code Section 103 that are not <br /> "private activity bonds" within the meaning of Code Section 141, or (iii) any other <br /> approved by a written opinion of Bond Counsel that is satisfactory to the Trustee; <br /> in any case the County may specify from time to time. It is the County's <br /> responsibility, and not the Trustee's, to identify and maintain investments as <br /> required by this Section. <br /> The "Covered Proceeds" are any amounts on deposit in any Fund or Account <br /> under the Trust Agreement that represent proceeds of the 2024 Bonds, including <br /> proceeds from the investment of the 2024 Bond proceeds or proceeds from the sale <br /> or other disposition of property acquired or improved through the proceeds of the <br /> 2024 Bonds (including insurance proceeds). <br /> A "Restricted Yield" means a "yield," within the meaning of Treas. Regs. Secs. <br /> 1.103-13(c), -13(d), 1.148-9T(a), or any successor or other provision that may be <br /> applicable, not in excess of the "yield" on the 2024 Bonds, which is approximately <br /> equal to %. <br /> ARTICLE V <br /> COUNTY'S UNDERTAKING FOR CONTINUING DISCLOSURE. <br /> The County undertakes, for the benefit of the beneficial owners of the 2024 <br /> Bonds, to provide the following items and information to the MSRB: <br /> 14 <br />