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<br />200804897 <br /> <br />ARTICLE VII. <br />MISCELLANEOUS PROVISIONS <br /> <br />Section 1. Except as otherwise defined herein or below, all capitalized terms used in <br />this Supplemental Indenture have the meanings stated in the Indenture. <br /> <br />"Default Rate" means that rate of interest that is the greater of (i) 2% per annum above <br />the rate of interest stated in clause (a) of the first paragraph of the First Mortgage Bonds of the <br />6.05% Series or (ii) 2% over the rate of interest publicly announced by The Bank of New York <br />in New York, New York as its "base" or "prime" rate. <br /> <br />"Institutional Investor" means (a) any original purchaser of a First Mortgage Bond of the <br />6.05% Series, (b) any holder of a First Mortgage Bond of the 6.05% Series holding (together <br />with one or more of its affiliates) more than 5% of the aggregate principal amount of the First <br />Mortgage Bonds of the 6.05% Series then outstanding, (c) any bank, trust company, savings and <br />loan association or other financial institution, any pension plan, any investment company, any <br />insurance company, any broker or dealer, or any other similar financial institution or entity, <br />regardless of legal form, and (d) any Related Fund of any holder of any First Mortgage Bond of <br />the 6.05% Series. <br /> <br />"Related Fund" means, with respect to any holder of any First Mortgage Bond of the <br />6.05% Series, any fund or entity that (i) invests in Securities or bank loans, and (ii) is advised or <br />managed by such holder, the same investment advisor as such holder or by an affiliate of such <br />holder or such investment advisor. <br /> <br />"Securities" or "Security" shall have the meaning specified III Section 2(1) of the <br />Securities Act. <br /> <br />"Securities Act" means the Securities Act of 1933, as amended from time to time, and <br />the rules and regulations promulgated thereunder from time to time in effect. <br /> <br />"Senior Financial Officer" means the chief financial officer, principal accounting officer, <br />treasurer or comptroller of the Company. <br /> <br />Section 2. This Supplemental Indenture may be simultaneously executed in any <br />number of counterparts, each of which when so executed shall be deemed to be an original; but <br />such counterparts shall together constitute but one and the same instrument. <br /> <br />4349724.11 <br /> <br />13 <br />