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Amounts shall be deposited in the Repair and Replacement Fund as provided in <br /> Section 5.01 of the Indenture. On any date on which amounts in the Repair and Replacement <br /> Fund are less than the amount required to be deposited therein,the amount of such deficiency <br /> (to the extent of available funds and after any transfers required to be made to the Senior <br /> Debt Service Account, the Taxes and Insurance Fund or the Debt Service Reserve Fund) <br /> shall be transferred: first, from amounts in the Surplus Fund, second, from amounts in the <br /> Subordinate Debt Service Account,and third,from amounts in the Operating Reserve Fund. <br /> The Trustee shall deposit in the Repair and Replacement Fund all amounts paid by the <br /> Borrower under Section 4.02(d)of the Loan Agreement and all other amounts required to be <br /> deposited into the Repair and Replacement Fund under the Indenture or the Loan Agreement. <br /> Amounts shall be transferred to the Senior Debt Service Account for the payment of <br /> principal,premium or interest on the Senior Bonds,to the Taxes and Insurance Fund,and to <br /> the Debt Service Reserve Fund. In addition,if a Majority of Holders shall consents or if(i) <br /> no Event of Default has occurred and is continuing,(ii)all reports of the Borrower required <br /> to be provided to the Trustee under Section 6.02 of the Loan Agreement have been so <br /> provided, and iii) the budget as required by the Loan Agreement has been provided to the <br /> Trustee and the Original Purchaser, and (iv) all deposits to the Taxes and Insurance Fund., <br /> the Bond Fund and its accounts, the Debt Service Reserve Fund, and the Repair and <br /> Replacement Fund are current (or credit for such deposits shall have been given in <br /> accordance herewith for other amounts in such funds),the Trustee shall disburse any amount <br /> in the Repair and Replacement Fund to the Borrower or the Manager to pay any costs of <br /> capital improvements or extraordinary items of maintenance with respect to the Project <br /> Facilities upon the Trustee's receipt of written certification by the Authorized Borrower <br /> Representative that amounts therefor are due and payable, and a written statement from an <br /> independent certified public accounting firm that such costs are properly payable from the <br /> Repair and Replacement Fund. Amounts may also be disbursed to the Borrower to <br /> reimburse such costs previously paid by or on behalf of the Borrower (but only if the <br /> payment of such costs was not credited against a Monthly Repair and Replacement Deposit <br /> otherwise due under Section 5.01(a) of the Indenture). <br /> Operating Reserve Fund <br /> On the Date of Issuance, the Trustee shall deposit in the Operating Reserve Fund a <br /> bank letter of credit equal to the Operating Reserve Requirement. Such bank letter of credit <br /> will have a stated expiration date of April 1, 2003. Commencing after the Date of Issuance, <br /> the Trustee shall deposit to Operating Reserve Fund (i) all rental income and fees arising <br /> from the operation of the Project Facilities and received on or before April 1,2003, and(ii) <br /> the amounts transferred from the Revenue Fund, until such deposits equal the Operating <br /> Reserve Requirement. As amounts are deposited therein,the stated amount of the bank letter <br /> of credit will be reduced by a corresponding amount, and the Trustee will release such <br /> portion of the bank letter of credit from the Trust Estate. If the rental income and the <br /> transfers from the Revenue Fund do not equal the Operating Reserve Requirement and are <br /> not sufficient to fully replace the bank letter of credit on April 1, 2003, the Manager shall <br /> loan the difference to the Borrower,who shall transfer the proceeds of the loan to the Trustee <br />