Laserfiche WebLink
200302132 <br />which the Trustee received the Remedy Exercise Day Notice. The Trustee may <br />conclusively presume the statements in the Remedy Exercise Day Notice to be correct. <br />As used herein, "Prime-Based Rate" means, with respect to a particular day (on or <br />after the Remedy Exercise Day), the higher rate per annum of. (i) the "Prime Rate" (as <br />hereinafter defined) for such day; and (ii) 4.0 %. As used herein, "Prime Rate" means, <br />with respect to a particular day, the `Prime -I Rate" for such day as such rate shall appear <br />on the Business Day next succeeding such day on the display on Moneyline Telerate, Inc. <br />or any successor service on page 128 or any page that may replace page 128 on such <br />service; provided that (a) if such day is not a Business Day, the Prime Rate for such day <br />shall be such rate for the next preceding Business Day as so appearing on the next <br />succeeding Business Day, and (b) if no such rate so appears on such next succeeding <br />Business Day, the Prime Rate for such day shall be the "prime rate" for such day (or, if <br />such day is not a Business Day, for the next preceding Business Day) as such rate appears <br />on the next succeeding Business Day in the Wall Street Journal under the caption <br />"Money Rates" (or if the Wall Street Journal ceases to be published or of general <br />circulation, such other financial journal or newspaper of general circulation as is selected <br />by the Trustee); provided further that if no rate so appears on such next succeeding <br />Business Day in the Wall Street Journal or such other financial journal or newspaper of <br />general circulation, the Prime Rate for such day shall be the Prime Rate in effect with <br />respect to the day on which the Prime Rate was last determinable in accordance with the <br />foregoing provisions of this definition; and provided further that the Prime Rate for each <br />day on and after the Remedy Exercise Day and on and prior to the Business Day on <br />which the Trustee received the Remedy Exercise Day Notice shall be (i) the rate stated in <br />the Remedy Exercise Day Notice as the Prime Rate for such day, or (ii) if no such rate for <br />such day is stated in the Remedy Exercise Day Notice, the Prime Rate for the Business <br />Day next succeeding the Business Day on which the Trustee received the Remedy <br />Exercise Day Notice (as determined in accordance with the foregoing provisions of this <br />definition). <br />(II1) Prior to the Remedy Exercise Day, the obligation of the Company to make <br />each payment of principal of or interest on the New Mortgage Bonds of the Credit <br />Agreement (2002) Series that becomes due and payable in accordance with this <br />Supplemental Indenture (i) shall be fully satisfied and discharged if the corresponding <br />payment of the principal of or interest on the Loans shall have been fully paid under and <br />in accordance with the Credit Agreement, and (ii) shall be partially satisfied and <br />discharged if the corresponding payment of the principal of or interest on the Loans shall <br />have been partially paid under and in accordance with the Credit Agreement (such partial <br />satisfaction and discharge with respect to the New Mortgage Bonds of the Credit <br />Agreement (2002) Series to be in an amount equal to the Applicable Share of the amount <br />of such partial payment with respect to the Loans). Prior to the Remedy Exercise Day, <br />the Trustee may conclusively presume that the obligation of the Company to make <br />payments with respect to the principal of and interest on New Mortgage Bonds of the <br />Credit Agreement (2002) Series shall have been fully satisfied and discharged unless and <br />until the Trustee shall have received a written notice from the Administrative Agent, <br />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 principal <br />17 <br />9Y55/E13938.13 <br />