N.Y. Public Authorities Law § 3237: Capital reserve fund

§ 3237. Capital reserve fund. 1. The corporation shall create and

establish one or more special funds (each herein referred to as a

capital reserve fund), which may be funded initially from proceeds of

bonds or notes of the corporation issued pursuant to this title, in an

amount equal to the capital reserve fund requirement of the bonds or

notes secured thereby. All amounts held in a capital reserve fund shall

be used solely for the payment of principal of or interest on the bonds

or notes secured thereby, sinking fund payments thereon, the redemption

thereof and payments to providers of bond or note facilities in respect

of payments of such principal, interest or sinking fund payments made by

them, in accordance with the applicable provisions of any and all

resolutions and trust indentures, if any, securing such bonds and notes.

Any income or interest, not required to be rebated to the United States

to provide for continued exclusion from gross income for federal income

tax purposes of interest on the bonds and notes of the corporation,

earned by, or increment to, the capital reserve fund due to the

investment thereof, in excess of the amount thereof needed to pay

interest on the bonds or notes issued to fund the capital reserve fund,

shall be used to pay debt service on bonds or notes issued by the

corporation. Any amounts released from a capital reserve fund shall be

applied, or set aside to be applied when practicable, by the corporation

to the payment of principal on the applicable bonds or notes, or to

redemption thereof or to the providers of bond or note facilities.

2. In computing the amount of the capital reserve fund for the

purposes of this section, obligations in which all or a portion of such

fund shall be invested shall be valued at par if purchased at par or, if

purchased at a premium above or a discount below par, the value at any

given date obtained by dividing the total premium or discount at which

such obligations were purchased by the number of interest payment dates

remaining to maturity on such obligations after such purchase, and by

multiplying the number so calculated by the number of interest payment

dates having passed since the date of such purchase; and (i) in the case

of such obligations purchased at a premium, by deducting the product

thus obtained from the purchase price; and (ii) in the case of such

obligations purchased at a discount, by adding the product thus obtained

to the purchase price. In lieu of a deposit of money or obligations to

the capital reserve fund, the corporation, having due regard for the

security and marketability of all affected bonds and notes, may satisfy

the whole or any portion of the capital reserve fund requirement by

providing one or more surety agreements, insurance agreements, letters

of credit or other type of agreement or arrangement satisfying the

provisions of all applicable resolutions or trust indentures, if any,

each of which provides for the availability, at all times required

thereunder, of the amount of money or the value of the obligations in

lieu of the deposit of which such agreement or arrangement is provided.