July (pdf) - New York Power Authority
July (pdf) - New York Power Authority
July (pdf) - New York Power Authority
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Operating Fund<br />
The General Resolution provides that the <strong>Authority</strong> shall pay into the Operating Fund all Revenues as<br />
and when received. The <strong>Authority</strong> shall also pay into the Operating Fund such portion of the proceeds of any<br />
Series of Obligations which may have been issued to pay Operating Expenses as shall be specified pursuant to<br />
the Supplemental Resolution authorizing such Series. Amounts in the Operating Fund shall be paid out or<br />
accumulated or withdrawn from time to time for the following purposes and, as of any time, in the following<br />
order of priority: (a) payment of reasonable and necessary Operating Expenses or accumulation in the<br />
Operating Fund as a reserve (i) for working capital, (ii) for such Operating Expenses the payment of which is<br />
not immediately required, or (iii) deemed necessary or desirable by the <strong>Authority</strong> to comply with orders or<br />
other rulings of an agency or regulatory body having lawful jurisdiction; (b) payment of, or<br />
accumulation in the Operating Fund as a reserve for the payment of, interest on and the principal or<br />
Redemption Price of the Obligations and Payment of Parity Debt, on a parity basis, on their respective due<br />
dates or redemption date, as the case may be; (c) payment of principal of and interest on any Subordinated<br />
Indebtedness or payment of amounts due under any Subordinated Contract Obligation; (d) withdrawal and<br />
deposit in the Capital Fund; and (e) withdrawal for any lawful corporate purpose as determined by the<br />
<strong>Authority</strong>, including but not limited to the purchase or redemption of Obligations or Subordinated<br />
Indebtedness, provided, that prior to any withdrawal pursuant to this clause (e), the <strong>Authority</strong> shall have<br />
determined, taking into account among other considerations, anticipated future receipts of Revenues or other<br />
moneys constituting part of the Trust Estate, that the funds to be so withdrawn are not needed for any of the<br />
purposes set forth in clauses (a), (b) or (c) herein. Amounts paid out, or withdrawn pursuant to clause (e)<br />
shall be free and clear of the lien and pledge created by the General Resolution.<br />
The <strong>Authority</strong> shall from time to time, and in all events prior to any withdrawal of moneys from the<br />
Operating Fund pursuant to clause (e) of the preceding paragraph, determine (i) the amount, to be held as<br />
a reserve in the Operating Fund, which in the judgment of the <strong>Authority</strong> is adequate for the purpose of<br />
providing for the costs of emergency repairs or replacements essential to restore or prevent physical damage<br />
to, and prevent loss of Revenues from, any Project and (ii) the amount, to be held as a reserve in the<br />
Operating Fund, which in the judgment of the <strong>Authority</strong> is adequate to meet the costs of major renewals,<br />
replacements, repairs, additions, betterments and improvements with respect to any Project necessary to<br />
keep the same in operating condition or required by any governmental agency having jurisdiction over<br />
such Project and to provide a reserve for the retirement from service, decommissioning or disposal of<br />
facilities comprising either a Project or a part of a Project.<br />
Amounts in the Operating Fund may in the discretion of the <strong>Authority</strong> be invested in Authorized<br />
Investments. Earnings on moneys and investments in the Operating Fund shall be deposited in the<br />
Operating Fund. The <strong>Authority</strong> may sell any such Authorized Investments at any time and the proceeds of<br />
such sale shall be deposited in the Operating Fund.<br />
The General Resolution provides that purchases of Obligations, 1985 Notes or Subordinated<br />
Indebtedness from amounts in the Operating Fund shall be made at the direction of the <strong>Authority</strong>, with or<br />
without advertisement and with or without notice to other holders of Obligations, 1985 Notes, or<br />
Subordinated Indebtedness. In addition, any amounts set aside by the <strong>Authority</strong> in one or more reserve<br />
accounts in the Operating Fund may be used by the <strong>Authority</strong> as determined by the <strong>Authority</strong> for the<br />
purpose of paying all or a portion of the interest, principal or Redemption Price of Obligations and payment<br />
of Parity Debt, on a parity basis.<br />
(General Resolution, Sec. 503)<br />
App. 1-9