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to the Paying Agent who shall note on such Bonds the portion of the principal paid by the <br />Paying Agent, if any, and then, along with an appropriate instrument of assignment in form <br />satisfactory to the Insurance Trustee, to the Insurance Trustee, which will then pay the unpaid <br />portion of principal, <br />(e) in the event that the Paying Agent has notice that any payment of principal of or interest <br />on a Bond which has become due for payment and which is made to a holder by or on behalf <br />of the City has been deemed a preferential transfer and theretofore recovered from its <br />registered owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy <br />in accordance with the final, nonappealable order of a court having competent jurisdiction, <br />the Paying Agent shall, at the time Ambac Assurance is notified pursuant to (a) above, notify <br />all registered owners that in the event that any registered owner's payment is so recovered, <br />such registered owner will be entitled to payment from Ambac Assurance to the extent of <br />such recovery if sufficient funds are not otherwise available, and the Paying Agent shall <br />furnish to Ambac Assurance its records evidencing the payments of principal of and interest <br />on the Bonds which have been made by the Paying Agent and subsequently recovered from <br />registered owners and the dates on which such payments were made, and <br />(f) in addition to those rights granted Ambac Assurance under the Ordinance, Ambac <br />Assurance shall, to the extent it makes payment of principal of or interest on Bonds, become <br />subrogated to the rights of the recipients of such payments in accordance with the terms of <br />the Financial Guaranty Insurance Policy, and to evidence such subrogation (i) in the case of <br />subrogation as to claims for past due interest, the Paying Agent shall note Ambac Assurance's <br />rights as subrogee on the registration books of the City maintained by the Paying Agent upon <br />receipt from Ambac Assurance of proof of the payment of interest thereon to the registered <br />owners of the Bonds, and (ii) in the case of subrogation as to claims for past due principal, <br />the Paying Agent shall note Ambac Assurance's rights as subrogee on the registration books <br />of the City maintained by the Paying Agent upon surrender of the Bonds by the registered <br />owners thereof together with proof of the payment of principal thereof. <br />2 The City hereby covenants and agrees that it shall reimburse Ambac Assurance for any <br />amounts paid under the Financial Guaranty Insurance Policy and all costs of collection thereof and <br />enforcement of the Ordinance and any other documents executed in connection with the Ordinance, <br />together with interest thereon, from the date paid or incurred by Ambac Assurance until payment <br />thereof in full by the City, payable at the Insurer Payment Rate (as hereinafter defined), including <br />without limitation (to the extent permitted by applicable law) interest on claims paid by Ambac <br />Assurance in respect of interest on the Bonds Such payment obligation shall be payable on demand <br />and on a parity with, and from the same sources and secured by the same security as, regularly <br />scheduled principal and interest payments in respect of the Bonds For purposes of the foregoing, <br />"Insurer Payment Rate" shall mean the lesser of (a) the maximum rate permissible under applicable <br />usury or similar laws limiting interest rates and (b) the greater of (i) the then applicable highest rate <br />of interest on the Bonds and (ii) the per annum rate of interest, publicly announced from time to time <br />by JPMorgan Chase Bank, N A. ("Chase") at its principal office in the City ofNew York, as its prime <br />or base lending rate ("Prime Rate") (any change in such Prime Rate to be effective on the date such <br />SANMARCOS/WWWSRev200T Ordinance 46 <br />