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11-13-2024 Council Packet
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11-13-2024 Council Packet
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135242345v3 <br /> <br /> <br />13 <br />(f) Investment agreements with a bank or any insurance company or other <br />financial institution which has a rating assigned by one of the Rating Agencies to its <br />outstanding long term unsecured debt which is the highest rating (as defined below) for <br />long term unsecured debt obligations assigned by one of the Rating Agencies, and which <br />are approved by Funding Lender Representative. <br />(g) Shares or units in any money market mutual fund rated “Aaa” / “AAA” by <br />one of the Rating Agencies (or if a new rating scale is implemented, the equivalent rating <br />category given by the Rating Agency for that general category of security) (including <br />mutual funds of Fiscal Agent or its affiliates or for which Fiscal Agent or an affiliate thereof <br />serves as investment advisor or provides other services to such mutual fund receives <br />reasonable compensation therefor) registered under the Investment Company Act of 1940, <br />as amended, whose investment portfolio consists solely of (i) direct obligations of the <br />government of the United States of America or (ii) tax-exempt obligations. <br />(h) (i) Tax-exempt obligations rated in the highest short term rating category <br />by one of the Rating Agencies, or <br />(ii) Shares of a tax-exempt municipal money market mutual fund or <br />other collective investment fund registered under the federal Investment Company <br />Act of 1940, whose shares are registered under the Securities Act, having assets of <br />at least $100,000,000, and having a rating of “Aaa” / “AAA” by one of the Rating <br />Agencies (or if a new rating scale is implemented, the equivalent rating category <br />given by the Rating Agency for that general category of security), for which at least <br />95% of the income paid to the holders on interest in such money market fund will <br />be excludable from gross income under Section 103 of the Code, including money <br />market funds for which Fiscal Agent or its affiliates receive a fee for investment <br />advisory or other services to the fund. <br />(iii) Any other investments approved in writing by Funding Lender <br />Representative. <br />For purposes of this definition, the “highest rating” shall mean a rating of at least <br />“VMIG 1” / “A 1+” for obligations with less than one year maturity; at least “Aaa” / <br />“VMIG 1” / “AAA”/ “A 1+” for obligations with a maturity of one year or greater but less <br />than three years; and at least “Aaa” / “AAA” for obligations with a maturity of three years <br />or greater. Qualified Investments must be limited to instruments that have a predetermined <br />fixed dollar amount of principal due at maturity that cannot vary or change and interest, if <br />tied to an index, shall be tied to a single interest rate index plus a single fixed spread, if <br />any, and move proportionately with such index. Ratings of Qualified Investments shall be <br />determined only at the time of purchase of such Qualified Investments and without regard <br />to ratings subcategories. <br />“Qualified Transferee” is defined in Section 2.08 hereof.
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