In choosing, under guidance from the Department, to receive its share of the refinancing gains over 35 years the Trust was accepting the risk that, if the contract were to be terminated early, it could find it difficult to recover the outstanding balance of its share of the refinancing gains. The Trust's decision to receive its gains over 35 years is in contrast to Octagon's investors' decision to take their refinancing gains immediately at the time of the refinancing which reduced their risks from investing in the project. The Department acknowledged that, if Octagon were to fail financially, the Trust would not be certain of receiving its share of the refinancing gains whereas there would have been certainty if it had taken the gains as cash at the time of the refinancing.13
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13 C&AG's Report, Figure 13, p13; Qq 162-170