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ARTICLE III <br />DEPOSIT AND APPLICATION OF PROCEEDS OF BONDS <br />SECTION 3.01. Issuance of the Bonds. Upon the execution and delivery of this <br />Indenture, the City shall execute and deliver Bonds in the aggregate principal amount of <br />$ to the Trustee and the Trustee shall authenticate and deliver the Bonds <br />to the Original Purchaser upon receipt of a Request of the City therefor. <br />SECTION 3.02. Deposit and Application of Proceeds. Upon receipt of the <br />proceeds of the Bonds on the Closing Date, the Trustee shall deposit the proceeds into <br />a special fund to be held by the Trustee and known as the Bond Proceeds Account <br />which the Trustee shall establish and hold in trust hereunder, to be applied as follows: <br />(a) The Trustee shall deposit the amount of $ in the Costs <br />of Issuance Fund. <br />(b) The Trustee shall apply the amount of $ , constituting <br />the remainder of the proceeds of sale of the Bonds, to the <br />satisfaction of the City's obligations under the PERS Contracts with <br />respect to the PERS Side Fund Obligations, by effecting a wire <br />transfer of such proceeds to PERS, in accordance with a Request <br />of the City. <br />After making the foregoing transfers, the Trustee shall close the Bond Proceeds <br />Account. <br />SECTION 3.03. Costs of Issuance Fund. There is hereby established a separate <br />fund to be known as the "Costs of Issuance Fund," to be held by the Trustee. The <br />Trustee shall disburse moneys in the Costs of Issuance Fund from time to time to pay <br />Costs of Issuance upon submission of a Request of the City stating (a) the person to <br />whom payment is to be made, (b) the amounts to be paid, (c) the purpose for which the <br />obligation was incurred, (d) that such payment is a proper charge against the Costs of <br />Issuance Fund, and (e) that such amounts have not been the subject of a prior Request <br />of the City; in each case together with a statement or invoice for each amount requested <br />thereunder. On May 1, 2012, the Trustee shall transfer any amounts remaining in the <br />Costs of Issuance Fund to the Debt Service Fund. <br />SECTION 3.04. Validity of Bonds. The validity of the authorization and issuance <br />of the Bonds is not dependent upon the expenditure of the proceeds thereof to pay <br />PERS Side Fund Obligations, or upon the performance by any person of its obligation <br />with respect to the PERS Side Fund Obligations. <br />11 <br />