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July (pdf) - New York Power Authority

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APPENDIX 1<br />

SUMMARY OF CERTAIN PROVISIONS OF THE GENERAL RESOLUTION<br />

The following is a summary of certain provisions of the General Resolution. The following summary<br />

is not to be considered a full statement of the terms of the General Resolution and, accordingly, is<br />

qualified by reference thereto and is subject to the full text thereof. Capitalized terms not otherwise<br />

previously defined in this Official Statement or defined below have the meaning set forth in the General<br />

Resolution.<br />

Definitions<br />

The following are definitions in summary form of certain terms contained in the General Resolution<br />

and used hereinafter:<br />

Authorized Investments means and includes any of the following securities, if and to the extent the<br />

same are at the time legal for investment of the <strong>Authority</strong>’s funds pursuant to any law, to the extent<br />

permitted under any applicable regulation, guideline and policy of the <strong>Authority</strong> as each is in effect from<br />

time to time: (i) any security which is (a) a direct obligation of, or is unconditionally guaranteed by, the<br />

United States of America or the State for the payment of which the full faith and credit of the<br />

United States of America or the State is pledged or (b) an obligation of an agency or instrumentality of<br />

the United States of America the payment of which is unconditionally guaranteed as a full faith and credit<br />

obligation by the United States of America; (ii) any obligation of any state or political subdivision of a<br />

state or of any agency or instrumentality of any state or political subdivision (‘‘Municipal Bond’’) which<br />

Municipal Bond is fully secured as to principal and interest by an irrevocable pledge of moneys or direct<br />

and general obligations of, or obligations guaranteed by, the United States of America, which moneys or<br />

obligations are segregated in trust and pledged for the benefit of the holder of the Municipal Bond, and<br />

which Municipal Bond is rated in the highest Rating Category by at least two Rating Agencies and<br />

provided, however, that such Municipal Bond is accompanied by (1) a Counsel’s Opinion to the effect that<br />

such Municipal Bond is not subject to redemption prior to the date the proceeds of such Municipal Bond<br />

will be required for the purposes of the investment being made therein and (2) a report of a nationally<br />

recognized independent certified accountant verifying that the moneys and obligations so segregated are<br />

sufficient to pay the principal of, premium, if any, and interest on the Municipal Bond; (iii) bonds,<br />

debentures, notes or other obligations issued or guaranteed by any of the following: Federal National<br />

Mortgage Association (including Participation Certificates), Government National Mortgage Association,<br />

Federal Financing Bank, Federal Home Loan Mortgage Corporation and Federal Home Loan Banks, the<br />

Federal Housing Administration, the Federal Farm Credit Banks Funding Corporation, Federal Farm<br />

Credit Banks, Federal Intermediate Credit Banks, Federal Banks for Cooperatives, Federal Land Banks,<br />

or any other agency controlled by or supervised by and acting as an instrumentality of the United States<br />

government; (iv) obligations of any state of the United States of America or any political subdivision<br />

thereof or any agency, instrumentality or local government unit of any such state or political subdivision<br />

which shall be rated at the time of the investment in any of the three highest long-term Rating Categories<br />

or the highest short-term Rating Category by a Rating Agency; (v) certificates or other instruments that<br />

evidence ownership of the right to payments of principal of or interest on Municipal Bonds provided that<br />

such obligations shall be held in trust by a Bank meeting the requirements for a successor Trustee<br />

pursuant to the General Resolution, and provided further that the payments of all principal of and interest<br />

on such certificates or such obligations shall be fully insured or unconditionally guaranteed by, or<br />

otherwise unconditionally payable pursuant to a credit support arrangement provided by, one or more<br />

financial institutions or insurance companies or associations which at the date of investment shall have an<br />

outstanding, unsecured, uninsured and unguaranteed debt issue rated in the highest Rating Category by<br />

a Rating Agency or, in the case of an insurer providing municipal bond insurance policies insuring the<br />

payment, when due, of the principal of and interest on Municipal Bonds, such insurance policy shall result<br />

in such Municipal Bonds being rated in the highest Rating Category by a Rating Agency; (vi) certificates that<br />

evidence ownership of the right to payments of principal of or interest on obligations described in clause<br />

(i) or (ii) above, provided that such obligations shall be held in trust by a Bank meeting the requirements<br />

for a successor Trustee pursuant to the General Resolution; (vii) certificates of deposit,<br />

App. 1-1

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