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200410978 <br />Pursuant to the Collateral Agreement, the Collateral Agent has agreed, upon written <br />request of the Company and so long as no Default or Event of Default described in <br />Section 8(f) of the Credit Agreement shall have occurred and be continuing, to surrender <br />or exchange its First Mortgage Bond, Collateral (2004) Series A or First Mortgage <br />Bonds, Collateral (2004) Series A, from time to time (including, without limitation, <br />promptly following each redemption of First Mortgage Bonds, Collateral (2004) Series A <br />that is deemed to occur (in the case of a Revolving Credit Commitment Redemption or a <br />Revolving Credit Event of Default Commitment Termination Redemption) or that occurs <br />(in the case of an Acceleration Redemption) in accordance with this Supplemental <br />Indenture), so that at all times the Collateral Agent is holding one or more First Mortgage <br />Bonds, Collateral (2004) Series A in an aggregate principal amount equal to, but not in <br />excess of, the Maximum Principal Amount of the First Mortgage Bonds, Collateral <br />(2004) Series A at such time. <br />(IV) It is expressly stated (for the avoidance of any doubt) that, notwithstanding <br />anything herein or in any First Mortgage Bonds, Collateral (2004) Series A to the <br />contrary (other than the provisions of subdivision VI below), each payment of principal <br />of or interest on the First Mortgage Bonds, Collateral (2004) Series A that becomes due <br />and payable on any day in accordance with this Supplemental Indenture (whether by <br />reason of stated due date, acceleration, redemption or otherwise) shall correspond to, and <br />be equal to the Revolving Credit Applicable Share of, a payment of Revolving Credit <br />Obligations that becomes due and payable on such day in accordance with the Credit <br />Agreement. <br />(V) The obligation of the Company to make each payment of principal of or <br />interest on the First Mortgage Bonds, Collateral (2004) Series A that becomes due and <br />payable in accordance with this Supplemental Indenture (A) shall be fully satisfied and <br />discharged if the corresponding payment of the Revolving Credit Obligations shall have <br />been fully paid under and in accordance with the Credit Agreement, and (B) shall be <br />partially satisfied and discharged if the corresponding. payment of the Revolving Credit <br />Obligations shall have been partially paid under and in accordance with the Credit <br />Agreement (such partial satisfaction and discharge with respect to the First Mortgage <br />Bonds, Collateral (2004) Series A to be in an amount equal to the Revolving Credit <br />Applicable Share of the amount of such partial payment with respect to the Revolving <br />Credit Obligations). The Trustee may conclusively presume that the obligation of the <br />Company to make payments with respect to the principal of and interest on the First <br />Mortgage Bonds, Collateral (2004) Series A has been fully satisfied and discharged <br />unless and until the Trustee shall have received a written notice from the Administrative <br />Agent, signed by a person purporting to be its duly authorized officer, stating (i) that the <br />Company has failed to make timely payment in full or in part of an amount of Revolving <br />Credit Obligations which became due and payable in accordance with the Credit <br />Agreement, (ii) the amount and date of such payment of Revolving Credit Obligations <br />which the Company has failed to make in accordance with the Credit Agreement, and <br />(iii) the amount of principal of and/or interest on the First Mortgage Bonds, Collateral <br />(2004) Series A which, in accordance with this Supplemental Indenture, has not been <br />satisfied and discharged by reason of such failure of the Company. The Trustee may <br />conclusively presume the statements contained in any such notice from the <br />NY55/405431.7 9 <br />