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principal and interest payable with respect to the Refunding Bonds complies in all respects with <br />the requirements of the Savings Parameters with respect thereto, as shall be certified to by the <br />Municipal Advisor upon delivery of the Refunding Bonds or any part thereof. The <br />Refunding Bonds may be issued as a single issue, or from time to time, in separate series, each of <br />which may be issued on a taxable or tax-exempt basis, as the Successor Agency shall determine <br />is necessary to comply with Federal tax laws. The approval of the issuance of the Refunding <br />Bonds by the Successor Agency pursuant to the Successor Agency Resolution and the Oversight <br />Board pursuant to this Resolution shall constitute the approval of each and every separate series <br />of Refunding Bonds and the sale of the Refunding Bonds. <br />Section 5. Sale and Delivery of Refunding Bonds in Whole or in Part. The <br />Oversight Board hereby approves the sale and delivery of the Refunding Bonds in whole, <br />provided that there is compliance with the Savings Parameters. However, if such Savings <br />Parameters cannot be met with respect to the whole of the Refunding Bonds, then the Oversight <br />Board approves the sale and delivery of the Refunding Bonds from time to time in part. In the <br />event the Refunding Bonds are initially sold in part, the Successor Agency is hereby authorized <br />to sell and deliver additional parts of the Refunding Bonds without the prior approval of this <br />Oversight Board provided that in each such instance the Refunding Bonds so sold and delivered <br />in part are in compliance with the Savings Parameters. <br />Section 6. Determinations by the Oversight Board. As -requested by the Successor <br />Agency, the Oversight Board makes the following determinations upon which the Successor <br />Agency shall rely in undertaking the refunding proceedings and the issuance of the Refunding <br />Bonds: <br />(a) The Successor Agency is authorized, as provided in Section 34177.5(f), to recover <br />its costs related to the issuance of the Refunding Bonds from the proceeds of the <br />Refunding Bonds, including the cost of reimbursing the City for administrative staff time <br />spent with respect to the authorization, issuance, sale and delivery of the Refunding <br />Bonds; <br />(b) The application of proceeds of the Refunding Bonds by the Successor Agency to <br />the refunding and defeasance of all or a portion of the Prior Bonds, as well as the <br />payment by the Successor Agency of costs of issuance of the Refunding Bonds, as <br />provided in Section 34177.5(a), shall be implemented by the Successor Agency promptly <br />upon sale and delivery of the Refunding Bonds, notwithstanding Section 34177.3 or any <br />other provision of law to the contrary, without the approval of the Oversight Board, the <br />California Department of Finance, the Alameda County Auditor -Controller or any other <br />person or entity other than the Successor Agency; and <br />(c) The Successor Agency shall be entitled to receive its full Administrative Cost <br />Allowance under Section 34183(a)(3) without any deductions with respect to continuing <br />costs related to the Refunding Bonds, such as trustee's fees, auditing and fiscal consultant <br />fees and continuing disclosure and rating agency costs (collectively, "Continuing Costs of <br />Issuance"), and such Continuing Costs of Issuance shall be payable from property tax <br />revenues pursuant to Section 34183. In addition and as provided by Section 34177.5(f), <br />if the Successor Agency is unable to complete the issuance of the Refunding Bonds for <br />any reason, the Successor Agency shall, nevertheless, be entitled to recover its costs <br />3 <br />