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14 <br /> option, either (a) briefly state the nature of the amendment or supplement and that <br /> copies of it are on file with the Trustee for inspection by Owners, or (b) enclose a <br /> copy of the amendment or supplement. The County will pay the expenses of any <br /> mailing and copies required under this Section. Any failure on the Trustee's part to <br /> mail the notice required by this Section will not affect the validity of this Amending <br /> Agreement. <br /> Section 1.06. Bondholder Notices only to DTC. The County acknowledges <br /> and approves that the Trustee is only sending Bondholder notices under this Article <br /> I to Cede & Co., the nominee of The Depository Trust Company, as the only <br /> registered owner of the 2019A Bonds. <br /> Section 1.07. Trustee Not Requiring Presentation for Notation. The <br /> Trustee confirms it is not requiring Bondholders of the 2019A Bonds to present <br /> bonds for notation of the changes made by this Amending Agreement, as <br /> contemplated under Section 13.10 of the 2018 Agreement. <br /> Section 1.08. Investment Restriction; Excess Earnings Payments. The <br /> County shall (a) invest any "Covered Proceeds," as defined below, that the County <br /> holds, and (b) direct the Trustee in writing to invest any Covered Proceeds the <br /> Trustee holds, in Legal Investments that either (i) provide a fixed yield at or below <br /> the "Restricted Yield," as defined below, (ii) are described in Code Section 103 and <br /> are not "private activity bonds" within the meaning of Code Section 141, or (iii) are <br /> otherwise approved by a written opinion of Bond Counsel satisfactory to the <br /> 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 2019A Bonds, including <br /> proceeds from the investment of the 2019A Bond proceeds or proceeds from the <br /> sale or other disposition of property acquired or improved through the proceeds of <br /> the 2019A 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 /> 5 <br />