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(X) if interest on the Parity Bonds is excludable from gross income under the <br /> applicable provisions of the Code, the average rate set forth on the Securities <br /> Industry and Financial Markets Association Municipal Swap Index over the <br /> twelve (12) months immediately preceding the date of calculation, or (Y) if <br /> interest is not so excludable, the average rate on Federal Securities with <br /> maturities comparable to the rate reset period (iii) to provide for essentially level <br /> annual debt service of principal and interest over such period. <br /> Debt Service shall be net of any principal and/or interest funded out of <br /> Bond proceeds. Debt Service shall include reimbursement obligations to <br /> providers of Credit Facilities to the extent authorized by ordinance. Debt Service <br /> shall exclude the payments required to be made with respect to revenue bond <br /> anticipation notes to the extent that the ordinance authorizing their issuance <br /> provides that the bond anticipation notes will be funded with the proceeds of <br /> Future Parity Bonds. <br /> Federal Securities means direct obligations of (including obligations <br /> issued or held in book-entry form on the books of), or obligations the timely <br /> payment of the principal of and interest on which are unconditionally guaranteed <br /> by, the United States of America. <br /> Fitch means Fitch, Inc., organized and existing under the laws of the <br /> State of Delaware, its successors and their assigns, and, if such organization shall <br /> be dissolved or liquidated or shall no longer perform the functions of a securities <br /> rating agency, Fitch shall be deemed to refer to any other nationally recognized <br /> securities rating agency (other than S&P or Moody's) designated by the Chief <br /> Financial Officer. <br /> Fixed Rate Bonds means those Parity Bonds other than Capital <br /> Appreciation Bonds, Original Issue Discount Bonds or Balloon Maturity Bonds <br /> issued under an ordinance in which the rate of interest on such Parity Bonds is <br /> fixed and determinable through their final maturity or for a specified period of <br /> time. If so provided in the ordinance authorizing their issuance, Parity Bonds <br /> may be deemed to be Fixed Rate Bonds for only a portion of their term. <br /> Government Loans means the PWTF Loans and subordinate lien revenue <br /> loans received by the City in the future from the State of Washington or the <br /> United States of America. <br /> Maximum Annual Debt Service, prior to the New Covenant Date, means, <br /> with respect to any issue of Parity Bonds, the maximum amount of Annual Debt <br /> Service that will become due in any future calendar year on such Parity Bonds <br /> then outstanding and from and after the New Covenant Date, Maximum Annual <br /> Debt Service means highest dollar amount of Annual Debt Service in any fiscal <br /> year or Base Period for all outstanding Parity Bonds and/or for all subordinate <br /> -66- P:k2o287 CMW\20287 96O 02/07/11 <br />