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l the Trustee is required to pay such Rebate Amount to the United States of America, make a Rebate ? Payment by depositing into the Rebate Fund an amount ec~ual to such Rebate Amount. ~t In the event that a Rebate Report shows that the amounts on deposit in the Rebate Fund 5 eaceed the cumulative Rebate Amount with respect to all series of Tax-Exempt Obligations issued 6 hereunder for all prior Calculation Periods, the Trustee is directed to transfer an amount equal to the 7 amount of such eacess fram the Rebate Fund to the Certificate Payment Fund (but only to the extent 8 of any amounts on deposit in the Rebate Fur~d). ~ 0 Amounts on deposit from time to time in the Rebate Fund shall, to the extent practicable, be ~ I invested by the Trustee in Government Obligations as the County shall direct in writing. 12 13 (B) PAYMENT OF REBATE AMOUNT TO UNITED STATES. Not later than 30 days after each ~~t Installment Computation Date for each series of TaY-Exempt Obligations, the Trustee shall pay to 1~ the United States of America, from moneys on deposit in the Rebate Fund or, if moneys on deposit 16 in the Rebate Fund are insufficient or unavailable to make such payments, from moneys paid by the i 7 Cotmty, at least 90% of the Excess Earnings during the preceding five Bond Years and 100% of the i 8 investment earnings on such Excess Eamings. In addition, not later than 60 days after each Final ~ 9 Computation Date for each series of Tax-Exempt Obligations, the Trustee shall pay to the United 2o States of America all amounts required to be paid thereto pursuant to Section 148( fl of the Code as 2~ set forth in the final Rebate Report, said payment to be made out of moneys on deposit in the Rebate 22 Fund or, to the extent the moneys on deposit in the Rebate Fund are insufficient for such purpose, ?3 out of moneys paid by the County. ~~ 25 Notwithstanding anything expressed or implied herein to the contrary, it is the intent that 26 there shall be paid to the United States of America, out of moneys on deposit in the Rebate Fund or ?7 payments made by the County, all amounts required to be paid pursuant to Section 148(~ of the 28 Code at the times required thereby. ~q 30 (C) CONFORMANCE TO THE CODE REQUIREMENTS; "ISSUE OF TAX-EYEMPT 31 OBLIGATIONS" DEFINED; COVENANTTO SURVIVE PAYI~1ENT. Notwithstanding anything expressed 32 or implied herein to the contrary: (i) the provisions of this Section may be amended from time to 33 time by the County, the County and the Trustee without the consent of or notice to any Owners in 34 order to conform to the requirements of the Code regarding the payment of the Rebate Amount to 35 the United States of America or the manner or time of calculating such Rebate Amount; and (ii) in 36 no event shall the CoLmty be deemed to be in default in respect of its obligations under this Section 37 so long as all actions taken by the County with respect to the calculation of the Rebate Amount and 38 the payment thereof to the United States of America conform to the requirements of the Code as such ;9 requirements may be changed, modified or amended from time to time. 40 ~ l As used in this Section and as used in the definitions of the terms "Bond Year ', '`Calculation ~t2 Period", "Excess Earnings'' and "Rebate Amount" that appear in the Definitions Appendix hereto. 43 the phrases'`series of Tax-Exempt Obligations" and `'series of Certificates" or any words of similar FINANCING ANU TRUST AGREENIENT PAGE 3~