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