Orange County NC Website
42 <br /> Subject to retaining moneys necessary to pay 2025 Bonds that have been <br /> called for redemption but not yet presented for payment, the Trustee must use <br /> amounts in the 2025 Redemption Account as directed by a County Certificate to <br /> make transfers to the 2025 Interest Account or the 2025 Principal Account to the <br /> extent the balances in those Accounts may be insufficient. <br /> (f) The Trustee must apply Net Proceeds deposited in the Redemption <br /> Account pursuant to Section 5.16 of the 2021 Agreement to the redemption of <br /> Bonds pursuant to the Trust Agreement as directed by a County Representative. <br /> Section 3.05. 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 2025 Bonds as to all Prior Bonds generally. <br /> Section 3.06. Restricted Yield Investment. Not later than June 1, 2028, 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 Legal Investments that either (i) provide a fixed yield at or below the "Restricted <br /> Yield," as defined below, (ii) are described in Code Section 103 and are not "private <br /> activity bonds" within the meaning of Code Section 141, or (iii) are otherwise <br /> approved by a written opinion of Bond Counsel 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 2025 Bonds, including <br /> proceeds from the investment of the 2025 Bond proceeds or proceeds from the sale <br /> or other disposition of property acquired or improved through the proceeds of the <br /> 2025 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 2025 Bonds, which does not exceed <br /> 13 <br />