Common use of Investment and Use of Fund Moneys Clause in Contracts

Investment and Use of Fund Moneys. At the oral request, to be promptly confirmed in writing, or written request of an Authorized Representative of the Borrower, any moneys held as part of the Bond Fund (except moneys in the Letter of Credit Debt Service Account created under Section 5.05 of the Standard Provisions and except any moneys representing principal of, or premium, if any, or interest on, any Bonds which are deemed paid under Section 10.02 of the Indenture) or the Project Fund shall be invested or reinvested by the Trustee in Eligible Investments. The Issuer and the Borrower each hereby covenants that it will restrict that investment and reinvestment and the use of the proceeds of the Bonds in such manner and to such extent, if any, as may be necessary, after taking into account reasonable expectations at the time of delivery of and payment for the Bonds, so that the Bonds will not constitute arbitrage bonds under Section 148 of the Code. Any Authorized Representative of the Issuer having responsibility for issuing the Bonds is authorized and directed, alone or in conjunction with an Authorized Representative of the Borrower and/or any other officer, partner, employee or agent of or consultant to the Issuer or the Borrower, to give an appropriate certificate of the Issuer pursuant to Section 148 of the Code, for inclusion in the transcript of proceedings for the issuance of the Bonds, setting forth the reasonable expectations of the Issuer regarding the amount and use of the proceeds of the Bonds and the facts, estimates and circumstances on which those expectations are based, all as of the Series Issue Date. The Borrower shall provide the Issuer with, and the Issuer’s certificate may be based on, a certificate of the Authorized Representative of the Borrower or other appropriate officer, partner, employee or agent of or consultant to the Borrower setting forth the reasonable expectations of the Borrower on the Series Issue Date regarding the amount and use of the proceeds of the Bonds and the facts, estimates and circumstances on which they are based.

Investment and Use of Fund Moneys. At the oral request, to be promptly confirmed in writing, or written request --------------------------------- direction of an Authorized Representative of the Borrower, any moneys held as part of the Bond Fund (except moneys in the Letter of Credit Debt Service Account created under Section 5.05 5.04 of the Standard Provisions Indenture and except any moneys representing principal of, or premium, if any, or interest on, any Bonds which are deemed paid under Section 10.02 of the Indenture) or the Project Fund shall be invested or reinvested by the Trustee in Eligible Investments. The Issuer and the Borrower each hereby covenants that it will restrict that investment and reinvestment and the use of the proceeds of the Bonds in such manner and to such extent, if any, as may be necessary, after taking into account reasonable expectations at the time of delivery of and payment for the Bonds, so that the Bonds will not constitute arbitrage bonds under Section 148 of the Code. Any Authorized Representative of the Issuer having responsibility for issuing the Bonds is authorized and directed, alone or in conjunction with an Authorized Representative of the Borrower and/or any other officer, partner, employee or agent of or consultant to the Issuer or the Borrower, to give an appropriate certificate of the Issuer pursuant to Section 148 of the Code, for inclusion in the transcript of proceedings for the issuance of the Bonds, setting forth the reasonable expectations of the Issuer regarding the amount and use of the proceeds of the Bonds and the facts, estimates and circumstances on which those expectations are based, all as of the Series Issue Date. The Borrower shall provide the Issuer with, and the Issuer’s 's certificate may be based on, a certificate of the Authorized Representative of the Borrower or other appropriate officer, partner, employee or agent of or consultant to the Borrower setting forth the reasonable expectations of the Borrower on the Series Issue Date regarding the amount and use of the proceeds of the Bonds and the facts, estimates and circumstances on which they are based.