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Section 10.1 Defeasance.
 
 
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Section 10.1 Defeasance.

If the University shall pay or provide for the payment of the entire indebtedness on all Notes outstanding in any one or more of the following ways:

  • (a) by paying or causing to be paid the principal of (including redemption premium, if any) and interest on all Notes outstanding, as and when the same become due and payable;

  • (b) by depositing with the Issuing and Paying Agent, in trust, at or before maturity, moneys in an amount sufficient to pay or redeem (when redeemable) all Notes outstanding (including the payment of premium, if any, and interest payable on such Notes to the maturity or redemption date thereof), provided that such moneys, if invested, shall be invested in noncallable Government Obligations in an amount, without consideration of any income or increment to accrue thereon, sufficient to pay or redeem (when redeemable) and discharge the indebtedness on all Notes outstanding at or before their respective maturity dates; it being understood that the investment income on such Government Obligations may be used for any other lawful purpose;

  • (c) by delivering to the Issuing and Paying Agent, for cancellation by it, all Notes outstanding; or

  • (d) by depositing with the Issuing and Paying Agent, in trust, noncallable Government Obligations in such amounts as will, together with the income or increment to accrue thereon, without consideration of any reinvestment thereof, and any uninvested cash, be fully sufficient to pay or redeem (when redeemable) and discharge the indebtedness on all Notes outstanding at or before their respective maturity dates, as an independent certified public accountant shall certify to the Issuing and Paying Agent's satisfaction;

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and if the University shall pay or cause to be paid all other sums payable hereunder by the University, and, if any of the Notes are to be redeemed before their maturity, notice of such redemption shall have been given as in Section 3.2 provided or provisions satisfactory to the Issuing and Paying Agent shall have been made for the giving of such notice, this Resolution and the estate and rights granted hereunder shall cease, determine, and become null and void, and thereupon the Issuing and Paying Agent shall, upon written request of the University, and upon receipt by the Issuing and Paying Agent of a Certificate of the Chief Operating Officer, each stating that in the opinion of the signers all conditions precedent to the satisfaction and discharge of this Resolution have been complied with, forthwith execute proper instruments acknowledging satisfaction of and discharging this Resolution and the lien hereof.

The University may at any time surrender to the Issuing and Paying Agent for cancellation by it any Notes previously authenticated and delivered, which the University may have acquired in any manner whatsoever, and such Notes, upon such surrender and cancellation, shall be deemed to be paid and retired.