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-33- Tax Trust Fund for transfer to the Redevelopment Obligation Retirement Fund on the upcoming January 2 is insufficient to fully fund all required amounts payable from the Redevelopment Obligation Retirement Fund during the next succeeding Semiannual Period. The Successor Agency covenants that on or before May 1 of each year, it shall file a Notice of Insufficiency with the Alameda County Auditor-Controller if the amount of Tax Revenues available to the Successor Agency from the Redevelopment Property Tax Trust Fund for transfer to the Redevelopment Obligation Retirement Fund on the upcoming July 1 is insufficient to fully fund all required amounts payable from the Redevelopment Obligation Retirement Fund during the next succeeding Semiannual Period. Section 5.09. Plan Limits. If and to the extent that the Plan Limits applyto the Successor Agency under the Law, the Successor Agency shall annually review the total amount of Tax Revenues remaining available to be received by the Successor Agency under the Plan Limits, as well as future cumulative annual debt service. If remaining Tax Revenues allocable under the Plan Limitsare less than one hundred five percent (105%) of all future debt service on the Bonds, any Parity Debtand any other obligations of the Successor Agency payable from Tax Revenues, all Tax Revenues not needed to pay current or any past due debt service on any Successor Agency obligations or to replenish the Reserve Account to the Reserve Requirement shall be deposited into a Trustee-held escrow account (the “Escrow Account”) and invested in Defeasance Obligations. Moneys in the Escrow Accountmust be used only to pay debt service pro rata on the Bonds and any Parity Debt. Section 5.10. Dissolution Act Invalid;Maintenance of Tax Revenues. In the event that the applicable property tax revenues provisions of the Dissolution Act are determined by a court in a final judicial decision to be invalid and, in place of the invalidprovisions, provisions of the Law or the equivalent become applicableto the Bonds, the Successor Agencyshall comply with all requirements of the Law or the equivalent to insure the allocation and payment to it of the Tax Revenues, including without limitation the timely filing of any necessary statements of indebtedness with appropriate officials of the County and, in the case of amounts payable by the State, appropriate officials of the State. Section 5.11. No Arbitrage. The Successor Agencyshall not take, or permit or sufferto be taken by the Trustee or otherwise, any action with respect to the proceeds of the 2014 Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the 2014Bonds would have caused the 2014 Bonds to be “arbitrage bonds” within the meaning of section 148 of the Code. Section 5.12. Private Activity Bond Limitation.The Successor Agencyshall assure that the proceeds of the 2014 Bonds are not so used as to cause the 2014 Bonds to satisfy the private business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of the Code. Section 5.13. Federal Guarantee Prohibition.The Successor Agencyshall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the 2014 Bonds to be “federally guaranteed” within the meaning of section 149(b) of the Code. Section 5.14. Rebate Requirement.The Successor Agencyshall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the 2014 Bonds.