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200302132
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Last modified
10/15/2011 4:50:37 PM
Creation date
10/21/2005 4:12:57 PM
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DEEDS
Inst Number
200302132
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200302132 <br />of and/or interest on the Loans which became due and payable in accordance with the <br />Credit Agreement, (ii) the amount and date of such payment of principal of and/or <br />interest on the Loans which the Company has failed to make in accordance with the <br />Credit Agreement, and (iii) the amount of principal of and/or interest on the New <br />Mortgage Bonds of the Credit Agreement (2002) Series 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 <br />shall receive a subsequent and/or modified notice from the Administrative Agent <br />pursuant to and in accordance with this subdivision III). Without limitation of the <br />foregoing, and for the avoidance of any doubt, it is expressly stated that, prior to the <br />Remedy Exercise Day, the Trustee shall not be responsible for (i) the calculation of <br />interest on the New Mortgage Bonds of the Credit Agreement (2002) Series, or (ii) the <br />determination of any amount (including, without limitation, any principal of or interest on <br />the Lewis) that is payable or paid under the Credit Agreement. <br />(IV) Nothing herein or in any of the New Mortgage Bonds of the Credit <br />Agreement (2002) Series (including, without limitation, any reference to the principal <br />payable with respect to the New Mortgage Bonds of the Credit Agreement (2002) Series <br />being determined on the basis of the Applicable Share of the principal payable with <br />respect to the Loans) shall, or shall be deemed or construed to, (i) increase the aggregate <br />principal amount of the New Mortgage Bonds of the Credit Agreement (2002) Series that <br />are Outstanding from time to time, (ii) cause or permit an amount of principal of the New <br />Mortgage Bonds of the Credit Agreement (2002) Series to be or to become due and <br />payable which, when added to all other principal of such Bonds theretofore paid, exceeds <br />$110,000,000, or (iii) cause or permit to be or to become due and payable interest on the <br />New Mortgage Bonds of the Credit Agreement (2002) Series which is payable on any <br />principal of the New Mortgage Bonds of the Credit Agreement (2002) Series that is in <br />excess of the principal of the New Mortgage Bonds of the Credit Agreement (2002) <br />Series as restricted pursuant to the preceding clauses (i) and (ii). <br />(V) The provisions of Sections 1.16 and 3.07(b) of the Original Indenture shall <br />not be applicable with respect to New Mortgage Bonds of the Credit Agreement Series <br />(2002) prior to the Remedy Exercise Day (the provisions of such Bonds establishing the <br />dates for payment of principal and interest on such Bonds prior to the Remedy Exercise <br />Day being in lieu of the provisions of Section 1.16 of the Original Indenture). <br />ARTICLE IV <br />ADDITIONAL COVENANT FOR THE BENEFIT OF THE <br />NEW MORTGAGE BONDS OF THE CREDIT AGREEMENT (2002) SERIES <br />SECTION 1. The Company covenants that so long as any of the New Mortgage <br />Bonds of the Credit Agreement (2002) Series shall remain Outstanding, (i) the Company <br />shall not submit a request to the Trustee or otherwise apply to the Trustee for (a) the <br />authentication and delivery of Bonds pursuant to Article Four of the Original Indenture <br />(as supplemented), (b) the application of insurance proceeds pursuant to Section 6.07 of <br />the Original Indenture (as supplemented), (c) the release of property (including the <br />18 <br />Nvsvzees�s.ie <br />
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