Financing- Trust Agreement - Laserfiche WebLink

Home Browse Search

~ "E\CESS EARNINGS" means, with respect to a particular series of Certificates issued as Tax- ? Exempt Obligations, t~1e amount of: (a)(i) investment earnings derived from moneys on deposit from 3 time to time in the related Funds established under the Agreement ~~~ith respect to such series of 4 Certificates or any other fund or account established under the Agreement in connection therewith, 5 to the extent that such investment earnings are required to be taken into account for purposes of 6 determining the Rebate Amount for such series of Certificates; and (ii) investment earnin~s derived ~ from moneys on deposit in any other fund or accotmt (whether or not held by the Trustee) containin~~ 8 funds the investment earnings on which are required to be taken into account for purposes of 9 determining the Rebate Amount for such series of Certificates; less (b) the amount that would have ~ o been earned on such moneys had such moneys been invested at a yield equal to the yield on the I 1 related series of Certificates (with the yield on the related series of Certificates being determined in I2 accordance with the provisions of Section 148(~ of the Code); provicled thnt the investnlent l3 earnings that qualify for any exemption from arbitrage rebate pursuant to an applicable provision ~ 4 of the Code shall not be included in the definition of "Excess Earnings", it being the intent of this l5 definition that `'Excess Earnings" shall be calculated so that the Rebate Amount is determined in 16 accordance with the requirements with Section 148(~ of the Code (or any successor thereto). 17 -8 ``ExECUT~oN DATE" means December 1, 1998. 19 ?o "FINAL CONIPUTATION DATE" shall mean "final computation date'' as such phrase is used ? ~ in the regulations promulgated pursuant to Section 148( fl of the Code (or any successor thereto). ~~ 23 ~ "F~NANC~NG PAVME1vT5" means: (1) when used with respect to the 1998 Certificates, the 24 1998 Financing Payments; and (2) when used with respect to any series of Additional Certificates. 25 the Financing Payments relating to such series of Additional Certificates as provided in the 26 Supplemental A~neement pursuant to which such series of Additional Certificates are executed and 27 delivered. ~g 29 "FISCAL YEAR" shall mean the fiscal year of the County, currently that period commencing 30 on July 1 and continuing to and including the next succeeding June 30. 3l 32 "Fu;v~s" means any one or more of the funds established under the Agreement, including 33 any special subaccounts therein. 3 ~1 35 "GOVERN~vtE~vT OB~~GA7'~oNS" means: (i) any general obligations of the United States of 36 America; and (ii) any obligations of any agency or instrumentality of the United States of America 37 but only if the payment of the principal of; premium (if any) and interest on such obligations is 38 backed by the full faith and credit of the United States of America, including for purposes of the 39 foregoing obligations issued or held in book-entry form on the books of the United States 4o Department of the Treasury. 41 42 "Ii~1PROVEMENT CERTIFICATES" shall have the meaning assigned thereto in Section 43 208(A)(3) of the Abreement. DEFINITIONS APPENDI\ PAGE 6