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4/24/12 - Barnegat Township School District

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ESCROW DEPOSIT AGREEMENT<br />

THIS ESCROW DEPOSIT AGREEMENT is made and entered into as of _________ __,<br />

____, by and between the BOARD OF EDUCATION OF THE TOWNSHIP OF BARNEGAT<br />

IN THE COUNTY OF OCEAN, NEW JERSEY (the “Board”), and TD BANK, NATIONAL<br />

ASSOCIATION, a national banking association duly organized under the laws of the United<br />

State of America with trust and fiduciary powers in the State of New Jersey, as escrow agent in<br />

respect of the Refunded Bonds, as defined herein (the “Escrow Agent”).<br />

WITNESSETH:<br />

WHEREAS, the Board has heretofore issued its $9.139,000 <strong>School</strong> Bonds, dated July 1,<br />

2004 (the “2004 <strong>School</strong> Bonds” or the “Prior Bonds”); and<br />

WHEREAS, the Board has determined that it is in its best financial interests to issue<br />

<strong>School</strong> <strong>District</strong> Refunding Bonds in the aggregate principal amount of $___________ (the<br />

“Refunding Bonds”) pursuant to a refunding ordinance of the Board which was adopted on<br />

March 27, 20<strong>12</strong> for the purpose of advance refunding a portion of the Prior Bonds; and<br />

WHEREAS, the Board adopted a resolution on April <strong>24</strong>, 20<strong>12</strong> (the “Refunding Bond<br />

Resolution”) for the purpose of, among others, financing a refunding program (the “Refunding<br />

Program”) consisting of the refinancing of the portion of the 2004 <strong>School</strong> Bonds maturing on<br />

July 15, 2015 through 20<strong>24</strong> (the “Refunded Bonds”); and<br />

WHEREAS, the Refunding Program will be effected by depositing with the Escrow<br />

Agent a portion of the net proceeds of the Refunding Bonds, which, [together with other<br />

available funds], will be sufficient to purchase Government Obligations, as defined herein, which<br />

Government Obligations, together with interest thereon, will be sufficient to pay interest on the<br />

Refunded Bonds through and including July 15, 2014 (the “Redemption Date”), at which time<br />

the Refunded Bonds will be redeemed at a redemption price of 100% of the outstanding principal<br />

amount thereof, plus interest accrued to the Redemption Date, and<br />

WHEREAS, the execution and delivery of this Escrow Deposit Agreement has been duly<br />

authorized by the Board and the Escrow Agent.<br />

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the<br />

parties hereto intending to be legally bound, hereby agree as follows:<br />

<strong>Barnegat</strong> <strong>Township</strong> Board of Education Meeting Minutes<br />

April <strong>24</strong>, 20<strong>12</strong> 55

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