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200410978
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Last modified
10/16/2011 10:58:59 PM
Creation date
10/21/2005 5:43:32 AM
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DEEDS
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200410978
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200410978 <br />(B) shall be partially satisfied and discharged if the corresponding payment of the <br />principal of or interest on the Term Loans shall have been partially paid under and in <br />accordance with the Credit Agreement (such partial satisfaction and discharge with <br />respect to the First Mortgage Bonds, Collateral (2004) Series B to be in an amount equal <br />to the Term Loan Applicable Share of the amount of such partial payment with respect to <br />the Term Loans). 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 B shall have been fully satisfied and <br />discharged unless and until the Trustee shall have received a written notice from the <br />Administrative Agent, signed by a person purporting to be its duly authorized officer, <br />stating (i) that the Company has failed to make timely payment in full or in part of an <br />amount of principal of and/or interest on the Term Loans which became due and payable <br />in accordance with the Credit Agreement, (ii) the amount and date of such payment of <br />principal of and/or interest on the Term Loans which the Company has failed to make in <br />accordance with the Credit Agreement, and (iii) the amount of principal of and/or interest <br />on the First Mortgage Bonds, Collateral (2004) Series B which, in accordance with this <br />Supplemental Indenture, has not been satisfied and discharged by reason of such failure <br />of the Company. The Trustee may conclusively presume the statements contained in any <br />such notice from the Administrative Agent to be correct unless and until the Trustee shall <br />receive a subsequent and/or modified notice from the Administrative Agent pursuant to <br />and in accordance with this subdivision (III) (and the Trustee shall be fully protected in <br />relying thereon). Without limitation of the foregoing, and for the avoidance of any doubt, <br />it is expressly stated that the Trustee shall not be responsible for (i) the calculation of <br />interest on the First Mortgage Bonds, Collateral (2004) Series B, or (ii) the determination <br />of any amount (including, without limitation, any principal of or interest on the Term <br />Loans) that is payable or paid under the Credit Agreement. <br />(IV) Nothing herein or in any of the First Mortgage Bonds, Collateral (2004) <br />Series B (including, without limitation, any reference to the principal payable with <br />respect to the First Mortgage Bonds, Collateral (2004) Series B being determined on the <br />basis of the Term Loan Applicable Share of the principal payable with respect to the <br />Term Loans) shall, or shall be deemed or construed to, (A) increase the aggregate <br />principal amount of the First Mortgage Bonds, Collateral (2004) Series B that are <br />Outstanding from time to time, (B) cause or permit an amount of principal of the First <br />Mortgage Bonds, Collateral (2004) Series B to be or to become due and payable which, <br />when added to all other principal of such Bonds theretofore paid, exceeds $28,000,000, <br />or (C) cause or permit to be or to become due and payable interest on the First Mortgage <br />Bonds, Collateral (2004) Series B which is payable on any principal of the First <br />Mortgage Bonds, Collateral (2004) Series B that is in excess of the principal of the First <br />Mortgage Bonds, Collateral (2004) Series B as restricted pursuant to the preceding <br />clauses (A) and (B). <br />SECTION 4. The First Mortgage Bonds, Collateral (2004) Series B and the <br />Trustee's Certificate of Authentication shall be substantially in the form attached hereto <br />as Exhibit B. <br />rn55i405431.7 16 <br />
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