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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 />necessity for, any record date; the principal of and interest on each said Bond to be <br />payable at the office or agency of the Company in the Borough of Manhattan, The City of <br />New York, in such coin or currency of the united States of America as at the time of <br />payment is legal tender for public and private debts. New Mortgage Bonds of the Credit <br />Agreement Series (2002) shall be dated as in Section 3.03(c) of the Original Indenture (as <br />supplemented) provided. As used herein, "Business Day" means a day other than a <br />Saturday, Sunday or other day on which commercial banks in New York City are <br />authorized or required by law to close. <br />As permitted pursuant to Sections 3.01 and 5.06 of the Mortgage (as <br />supplemented), scheduled amortization payments with respect to the New Mortgage <br />Bonds of the Credit Agreement (2002) Series (as specified for the New Mortgage Bonds <br />of the Credit Agreement (2002) Series prior to the Maturity Date pursuant to the <br />preceding paragraph of this Section 1) shall not constitute redemption in part of the New <br />Mortgage Bonds of the Credit Agreement (2002) Series for purposes of Section 5.06 of <br />the Mortgage (as supplemented) (and, therefore, surrender of the New Mortgage Bonds <br />of the Credit Agreement (2002) Series shall not be a condition to the receipt by the <br />registered owners of the New Mortgage Bonds of the Credit Agreement (2002) Series of <br />such scheduled amortization payments). <br />SECTION 2. New Mortgage Bonds of the Credit Agreement (2002) Seri es shall <br />be issued only as registered Bonds without coupons of the denomination of $1,000, or <br />any integral multiple of $1 in excess of 51,000, appropriately numbered. New Mortgage <br />Bonds of the Credit Agreement (2002) Series may be exchanged, upon surrender thereof, <br />at the office or agency of the Company in the Borough of Manhattan, The City of New <br />York, State of New York, for one or more New Mortgage Bonds of the Credit Agreement <br />(2002) Series of other authorized denominations, for the same aggregate principal <br />amount, subject to the terms and conditions set forth in the Indenture. <br />New Mortgage Bonds of the Credit Agreement (2002) Series shall not be <br />transferable except to any successor Collateral Agent under the Collateral Agreement; <br />provided, however, that, subject to compliance with the registration requirements of the <br />Securities Act of 1933, as amended (the "Securities Act"), (i) on or after the day on <br />which the Loans are accelerated in accordance with the Credit Agreement (the <br />"Acceleration Da J'), all (but not less than all) of the New Mortgage Bonds of the Credit <br />Agreement (2002) Series shall be transferable by the Collateral Agent (together with all <br />(but not less than all) of the Montana Credit Agreement Bonds) to or upon the order of <br />the Lenders in full satisfaction and discharge of the Loans and the Obligations (as defined <br />in the Collateral Agreement) pursuant to Section 4.1 of the Collateral Agreement, and <br />(ii) following such transfer by the Collateral Agent, New Mortgage Bonds of the Credit <br />Agreement (2002) Series shall be transferable (without restriction (except as hereinafter <br />in the following two paragraphs described)) by the registered owners thereof. <br />As a condition precedent to any transfer of the New Mortgage Bonds of the Credit <br />Agreement (2002) Series by the Collateral Agent, the Collateral Agent shall submit to the <br />Company, the Trustee and the Bond Registrar (in addition to all other documents and <br />instruments required to be submitted to the Bond Registrar pursuant to the Indenture) a <br />NT5 5/23 39 3 8. 13 <br />
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