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85- .00631) <br />ARTICLE X <br />REDEMPTION OF BONDS AND <br />PREPAYMENT OF LEASE <br />Section 10.1. ExtraordinarX Options to Prepay Lease and <br />Redeem Bonds. The Company has the extraordinary option to <br />prepay payments payable hereunder, and thereby purchase the <br />Project and to cause the Bonds to be redeemed, in whole but not <br />in part, and to terminate the Lease Term and this Agreement, <br />upon the occurrence of an "Event of Taxability (as hereinafter <br />defined); provided, however, that the Company shall provide <br />written notice of its intention to prepay such payments within <br />sixty days of an Event of Taxability. <br />For purppses of this Section 10.1, the following words and <br />phrases shall have the following meanings: <br />"Event of Taxability" shall mean (i) any determination, <br />decision or decree made by the Commissioner or any District <br />Director of-the Internal Revenue Service, or by any court of <br />competent jurisdiction which asserts in effect that the <br />interest on the Bonds is includible in the gross income of a <br />holder or former holder thereof, other than for a period during <br />which such holder or former holder is or was a "substantial <br />user" of the Project or a "related person" as such terms are <br />defined in the Internal Revenue Code, or (ii) the delivery to <br />the holder or any former holder, the Company and the Issuer of <br />a written opinion of nationally recognized bond counsel, <br />reasonably satisfactory to the Company and the holder or any <br />former holder of the Bonds to the effect that such interest is <br />so includible. <br />"Taxable Date" shall mean, with respect to each holder or <br />former holder of a Qualified Bond, the earliest effective date <br />as of which the amounts paid or payable in respect to the <br />stated interest on such Bond are determined to be includible in <br />the gross income of such holder or former holder of such Bond <br />(other than any holder who is a "substantial user" of the <br />Project or a "related person" as such terms are defined in the <br />Internal Revenue Code), according to either an opinion of <br />counsel or a notice described in the definition of Event of <br />Taxability. <br />"Qualified Bond" shall mean any Bond, interest on which is <br />paid on or after a Taxable Date whether or not such Bond has <br />been redeemed, has matured or has been transferred on or after <br />such Taxable Date. <br />-46- <br />L � <br />