200410978 - Laserfiche WebLink

Browse

200410978 pursuant to Section 8 of the Credit Agreement or the Revolving Loans were accelerated, (ii) the amount by which the Revolving Credit Commitments were so permanently reduced or terminated and the Maximum Principal Amount (determined in accordance with this Supplemental Indenture) after giving effect to the related and deemed redemption of First Mortgage Bonds, Collateral (2004) Series A or the principal amount of the Revolving Loans subject to acceleration on such date, (iii) the principal amount of First Mortgage Bonds, Collateral (2004) Series A that are deemed to have been redeemed or are to be redeemed on such date in accordance with this Supplemental Indenture by reason of such permanent reduction or termination of the Revolving Credit Commitments and such reduction of the Maximum Principal Amount or such acceleration of the Revolving Loans, and (iv) in the case of an Acceleration Redemption, the Acceleration Redemption Amount payable with respect to the First Mortgage Bonds, Collateral (2004) Series A (determined in accordance with this Supplemental Indenture) and setting forth the amounts of the respective portions thereof representing principal of and interest on the First Mortgage Bonds, Collateral (2004) Series A. Each Redemption Demand shall be deemed to constitute a written waiver by the Collateral Agent, as registered owner of all First Mortgage Bonds, Collateral (2004) Series A then Outstanding, of notice of redemption and call for redemption by the Company or the Trustee of the First Mortgage Bonds, Collateral (2004) Series A subject to redemption as described in such Redemption Demand. The Trustee may conclusively presume the statements contained in each Redemption Demand to be correct (and the Trustee shall be fully protected in relying thereon). The Trustee may conclusively presume that no rescission or annulment of a Revolving Credit Event of Default Commitment Termination Redemption or an Acceleration Redemption (in respect of which the Trustee has received a Redemption Demand) is required unless and until it shall have received a written notice from the Administrative Agent, signed by a person purporting to be its duly authorized officer, stating that the termination of the Revolving Credit Commitments pursuant to Section 8 of the Credit Agreement or the acceleration of the Revolving Loans has been rescinded or annulled in accordance with the Credit Agreement or otherwise (a "Rescission Notice "). Each Rescission Notice also shall state the date on which the termination of the Revolving Credit Commitments pursuant to Section 8 of the Credit Agreement or the acceleration of the Revolving Loans was rescinded or annulled in accordance with the Credit Agreement or otherwise and, as consequence, the redemption of the First Mortgage Bonds, Collateral (2004) Series A was rescinded or annulled in accordance with this Supplemental Indenture. The Trustee may conclusively presume the statements contained in any Rescission Notice to be correct (and the Trustee shall be fully protected in relying thereon). Pursuant to (and by reason of the provisions of Section 10.2 of) the Credit Agreement, the Administrative Agent has agreed to submit to the Trustee (with copies to the Collateral Agent and the Company) (i) a Redemption Demand with respect to, and in connection with, each event that gives rise to a redemption (deemed or actual) of First Mortgage Bonds, Collateral (2004) Series A, and (ii) a Rescission Notice in connection with any event that gives rise to the rescission or annulment of a Revolving Credit Event of Default Commitment Termination Redemption or an Acceleration Redemption. NY55/405431.7 8