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<br />. <br /> <br />. <br /> <br />. <br /> <br />of the System not otherwise pledged and applied to the payment of other obligations of the City, <br />in an amount, together with other funds which may herein or hereafter from time to time be <br />irrevocably appropriated to the account sufficient to meet the requirements of Minnesota <br />Statutes, Section 475.61 for the payment of the principal and interest of the Bonds; (ii) any <br />collections of all taxes which may hereafter be levied in the event that the net revenues of the <br />System herein pledged to the payment of the principal and interest on the Bonds are insufficient <br />therefor; (iii) any balance remitted to the City upon termination of the Escrow Agreement; (iv) <br />any funds remaining after February 1, 2006 in the Debt Service Account of the $2,655,000 <br />General Obligation Sewer Revenue Bonds, Series 1996A Fund established by the Prior <br />Resolution for the Prior Bonds after the same have been paid and discharged; (v) all investment <br />earnings on funds in the Debt Service Account; and (vi) any and all other moneys which are <br />properly available and are appropriated by the governing body of the City to the Debt Service <br />Account. The amount of any surplus remaining in the Debt Service Account when the Bonds <br />and interest thereon are paid shall be used consistent with the Minnesota Statutes, Section <br />475.61, Subdivision 4. <br /> <br />The moneys in the Debt Service Account shall be used solely to pay the principal of and <br />interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No <br />portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher <br />yielding investments or to replace funds which were used directly or indirectly to acquire higher <br />yielding investments, except (i) for a reasonable temporary period until such proceeds are needed <br />for the purpose for which the Bonds were issued, and (ii) in addition to the above, in an amount <br />not greater than the lesser offive percent of the proceeds of the Bonds or $100,000. To this <br />effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other <br />City account which will be used to pay principal and interest to become due on the Bonds) in <br />excess of amounts which under the applicable federal arbitrage regulations may be invested <br />without regard as to yield shall not be invested in excess of the applicable yield restrictions <br />imposed by the arbitrage regulations on such investments after taking into account any <br />applicable "temporary periods" or "minor portion" made available under the federal arbitrage <br />regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested <br />in obligations or deposits issued by, guaranteed by or insured by the United States or any agency <br />or instrumentality thereof if and to the extent that such investment would cause the Bonds to be <br />"federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue <br />Code of 1986, as amended (the "Code"). <br /> <br />16. Covenants Relating to the Bonds. <br /> <br />(a) Sufficiency of Net Revenues: Coverage Test. It is hereby found, determined and <br />declared that the net revenues of the System are sufficient in amount to pay when due the <br />principal of and interest on the Bonds and the Outstanding Bonds and a sum at least five percent <br />in excess thereof, and the net revenues of the System are hereby pledged on a parity with the <br />Outstanding Bonds for the payment of the Bonds and shall be applied for that purpose, but solely <br />to the extent required to meet the principal and interest requirements of the Bonds as the same <br />become due. <br /> <br />As used herein the term net revenues means the gross revenues derived by the City from <br />the operation of the System, including all charges for service, use, availability, and connection to <br /> <br />1768593vl <br /> <br />17 <br /> <br />05~5i\- <br />