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<br />e <br /> <br />e <br /> <br />form and manner and with the effect, as provided in Section 5(d) of this Ordinance for Bonds <br />issued in exchange for other Bonds. <br /> <br />Section 13. DEFEASANCE OF mE BONDS. (a) Any Bond and the interest thereon <br />shall be deemed to be paid, retired, and no longer outstanding (a "DeCeased Bonds") within the <br />meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 13, when <br />payment of the principal of such Bond, plus interest thereon to the due date (whether such due <br />date be by reason oC maturity, upon redemption, or otherwise) either (i) shall have been made or <br />caused to be made in accordance with the terms thereof (including the giving of any required <br />notice of redemption), or (ii) shall have been provided for on or before such due date by <br />irrevocably depositing with or making available to the Paying AgentlRegistrar for such payment (1) <br />lawful money of the United States of America sufficient to make such payment or (2) direct <br />obligations of the United States of America, including obligations the principal of and interest on <br />which are unconditionally guaranteed by the United States of America, which may be United States <br />Treasury obligations such as its State and Local Government Series, and which may be book entry <br />form (herein "Government Obligations") which mature as to principal and interest in such amount:; <br />'and at such time as will insure the availability, without reinvestment, of sufficient money to provide <br />for such payment, and when proper arrangements have been made by the City with the Paying <br />AgentlRegistrar for the payment of its services until all Defeased Bonds shall have become due and <br />payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, <br />such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the <br />benefits of, the revenue herein levied and pledged as provided in this Ordinance, and such principal <br />and interest shall be payable solely from such money or Government Obligations. <br /> <br />(b) Any money so deposited with the Paying AgentlRegistrar may at the written direction <br />of the City also be invested as hereinbefore set forth, and all income from such Government <br />Obligations received by the Paying AgentlRegistrar which is not required for the payment of the <br />Bonds and interest thereon, with respect to which such money has been so deposited, shall be <br />turned over to the City, or deposited as directed in writing by the City. <br /> <br />(c) Until all Defeased Bonds shall have become due and payable, the Paying <br />AgentlRegistrar shall perform the services of Paying AgentlRegistrar for such Defeased Bonds the <br />same as if they had not been deCeased, and the City shall make proper arrangements to provide <br />and pay for such services as required by this Ordinance. <br /> <br />Section 14. TAX COVENANfS. The City covenants to take any action to assure, or <br />refrain from any action which would adversely affect, the treatment of the Bonds as obligations <br />described in section 103 of the Code, the interest on which is not includable in the "gross income" <br />of the holder for purposes of federal income taxation. In furtherance thereof, the City covenants <br />as follows: <br /> <br />(a) to take any action to assure that no more than 10% of the proceeds of the <br />Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business <br />use", as defined in section 141(b)(6) of the Code or, if more than 10% of the proceeds are <br />so used, that amounts, whether or not received by the City, with respect to such private <br />business use, do not, under the terms of this Ordinance or any underlying arrangement, <br /> <br />16 <br />