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<br />. <br /> <br />e <br /> <br />(e) In accordance with Section 6 of Article 717k-6, V.A T.C.S., this Section of this <br />Ordinance shall constitute authority for the issuance of any such replacement bond without <br />necessity of further action by the governing body of the City or any other body or person, and the <br />duty of the replacement of such bonds is hereby authorized and imposed upon the Paying <br />AgentlRegistrar, and the Paying AgentlRegistrar shall authenticate and deliver such bonds in the <br />form and manner and with the effect, as provided in Section 4( d) of this Ordinance for Bonds <br />issued in exchange for other Bonds. <br /> <br />SECl10N 18. DBFEASANCB OF nIB BoNDs. (a) Any Bond and the interest thereon shall be <br />deemed to be paid, retired, and no longer outstanding (a "Defeased Bonds") within the meaning <br />of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment <br />of the principal of such Bond, plus interest thereon to the due date (whether such due date be by <br />reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to <br />be made in accordance with the terms thereof (including the giving of any required notice of <br />redemption), or (ii) shall have been provided for on or before such due date by irrevocably <br />depositing with or making available to the Paying AgentlRegistrar for such payment (1) lawful <br />money of the United States of America sufficient to make such payment or (2) direct obligations <br />of the United States of America, including obligations the principal of and interest on which are <br />unconditionally guaranteed by the United States of America, which may be United States Treasury <br />obligations such as its State and Local Government Series, and which may be book entry form <br />(herein "Government Obligations") which mature as to principal and interest in such amounts and <br />at such time as will insure the availability, without reinvestment, of sufficient money to provide for <br />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 defeased, and the City shall make proper arrangements to provide <br />and pay for such services as required by this Ordinance. <br /> <br />(d) In the event that the principal and/or interest due on the Bonds shall be paid by <br />AMBAC Indemnity pursuant to the Municipal Bond Guaranty Insurance Policy, the Bonds shall <br />remain outstanding for all purposes, not be defeased or otherwise satisfied, and not be considered <br />paid by the City, and the assignment and pledge of the proceeds of taxes and all covenants, <br />agreements, and other obligations of the City to the registered owners shall continue to exist and <br /> <br />23 <br />