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Attachment B Notwithstanding the foregoing, the computations and payments of Rebatable Arbitrage need not be made to the extent that neither the Governmental Lender nor the Borrower will thereby fail to comply with any requirements of Section 148(f) of the Code based on an opinion of Bond Counsel, to the effect that such failure will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Governmental Note, a copy of which shall be provided to the Fiscal Agent and the Funding Lender Representative, at the expense of the Borrower. Section 4.13 Cost of Issuance Fund. The Fiscal Agent shall use money on deposit to the credit of the Cost of Issuance Fund to pay the costs of issuance on the Delivery Date or as soon as practicable thereafter in accordance with a Requisition in the form of Exhibit D to be given to the Fiscal Agent by the Borrower and approved by the Financial Monitor on the Delivery Date, along with appropriate invoices for such expenses. Amounts in the Cost of Issuance Fund funded with proceeds of the Funding Loan, if any, shall be expended prior to the application of any Costs of Issuance Deposit. Investment Income on amounts on deposit in the Cost of Issuance Fund shall be retained in such fund. Amounts remaining on deposit in the Cost of Issuance Fund six (6) months after the Delivery Date shall be transferred to the Borrower other than amounts representing proceeds of the Funding Loan which shall be transferred to the Project Account of the Project Loan Fund for use in accordance with Section 2.11 hereof. Upon such final disbursement, the Fiscal Agent shall close the Cost of Issuance Fund. Section 4.14 Reports from the Fiscal Agent. The Fiscal Agent shall, on or before the th fifteenth (15) day of each month, file with the Funding Lender Representative, the Servicer, the Governmental Lender (at its written request), the Borrower and during the Construction Phase, the Financial Monitor, a statement setting forth in respect of the preceding calendar month: (i) the amount withdrawn or transferred by it, and the amount deposited within or on account of each fund and account held by it under the provisions of this Funding Loan Agreement, including the amount of investment income on each fund and account; (ii) the amount on deposit with it at the end of such month to the credit of each fund and account; (iii)a brief description of all obligations held by it as an investment of money in each such fund and account; and (iv) any other information which the Funding Lender Representative, the Servicer or the Financial Monitor (during the Construction Phase) or the Governmental Lender may reasonably request and to which the Fiscal Agent has access in the ordinary course of its operations. Upon the written request of the Funding Lender, the Fiscal Agent, at the cost of the Borrower, shall provide a copy of such statement to Funding Lender. All records and files pertaining to the Pledged Security shall be open at all reasonable times to the inspection of the Governmental Lender and the Funding Lender Representative or the Servicer or during the Construction Phase, the Financial Monitor and their respective agents and representatives upon reasonable prior notice during normal business hours. 35 12502516v3