Rebate Funds

(A)In addition to the other funds and accounts created pursuant to this Indenture, the Trustee shall establish and maintain a fund separate from any other fund established and maintained hereunder and designated as the “Rebate Fund.” The Trustee shall also establish and maintain within the Rebate Fund a separate subaccount designated as the “1997 Series A Rebate Account.” There shall be deposited in the 1997 Series A Rebate Account from Revenues or other lawfully available moneys such amounts as are required to be deposited therein pursuant to the Tax Certificate with respect to the 1997 Series A Bonds. All money at any time deposited in the 1997 Series A Rebate Account shall be held by the Trustee in trust, to the extent required to satisfy the Rebate Requirement for the 1997 Series A Bonds (as defined in the Tax Certificate with respect to the 1997 Series A Bonds), for payment to the United States of America. All amounts required to be deposited into or on deposit in the 1997 Series A Rebate Account shall be governed exclusively by this Section and by the Tax Certificate with respect to the 1997 Series A Bonds (which is incorporated herein by reference).

(B)The Trustee shall pay to the United States, out of amounts in the 1997 Series A Rebate Account,

(1)not later than 30 days after the end of the fifth Bond Year and not less frequently than once each five years thereafter, an amount equal to at least 90% of the Rebate Requirement for the 1997 Series A Bonds; and

(2)not later than 60 days after the retirement of the 1997 Series A Bonds, an amount equal to 100% of the Rebate Requirement with respect to such Bonds (determined as of the date of the retirement of such Bonds). In the event that, prior to the time of any required payment out of the 1997 Series A Rebate Account, the amount in the 1997 Series A Rebate Account is not sufficient to make such payment when such payment is due, the Government shall calculate and COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS direct the Trustee to deposit from Revenues or other lawfully available moneys an amount equal to such deficiency into the 1997 Series A Rebate Account prior to the time such payment is due. Within thirty

(30)days after the end of every fifth Bond Year, and within fifty-five

(55)days after the date on which no Bonds are outstanding, the Trustee shall request the Government to deliver to the Trustee a certificate stating whether any rebate payment is required to be made and the amount of any such rebate payment to be made, as set forth in the Tax Certificate, and to deliver to the Trustee any amount so required to be paid. Notwithstanding anything to the contrary in this Indenture, any amount received with respect to a Nonpurpose Investment (as defined in the Tax Certificate with respect to the 1997 Series A Bonds) credited to the 1997 Series A Rebate Account shall be retained in the 1997 Series A Rebate Account upon the receipt thereof. In the event that on the first day of any Bond Year the amount credited to the 1997 Series A Rebate Account exceeds the Rebate Requirement for the 1997 Series A Bonds, the Trustee shall transfer the excess from the 1997 Series A Rebate Account to the Revenue Fund. For purposes of crediting amounts to the 1997 Series A Rebate Account or withdrawing amounts from the 1997 Series A Rebate Account, Nonpurpose Investments shall be valued in the manner provided in the Tax Certificate with respect to the 1997 Series A Bonds.

(C)Notwithstanding any provisions of this Section, if the Government shall provide to the Trustee an Opinion of Counsel that any specified action required under this Section is no longer required or that some further or different action is required to maintain the exclusion from federal income tax of interest with respect to any Series of Bonds, the Trustee and the Government may conclusively rely on such opinion in complying with the requirements of this Section, and, notwithstanding Article IX of this Indenture, the covenants hereunder shall be deemed to be modified to that extent. COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS