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200806452 (b) secuntIes issued or directly and fully guaranteed or insured by the United States government or any agency or instrumentality of the United States government (provided that the full faith and credit of the United States is pledged in support of those securities) having maturities of not more than one year from the date of acquisition; (c) deposit accounts with any bank that has a long-term debt rating of A+ or better by S&P and Al or better by Moody's (an "Approved Bank"); (d) time deposits, certificates of deposit, acceptances or prime commercial paper issued by an Approved Bank at the time acquired or issued (as applicable and whichever is latest), in each case, having a maturity of not more than one year from the date of acquisition; (e) repurchase obligations for underlying securities of the types described in clause (b) entered into with an Approved Bank at the time acquired, issued or entered into (as applicable and whichever is latest), in each case, having a maturity of not more than one year from the date of acquisition and secured by securities of the type described in clause (b), the market value of which (including accrued interest) is not less than the amount of the applicable repurchase agreement; (f) commercial paper with a rating of A-I by S&P and P-l by Moody's and, in each case, maturing within one year after the date of acquisition; and (g) money market funds which invest primarily in Cash Equivalents of the kinds described in clauses (a) through (f) of this definition. "City Council" shall mean the duly elected City Council of the Issuer. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the rulings and regulations (including temporary and proposed regulations) promulgated thereunder or, to the extent applicable, under the Internal Revenue Code of 1954, as amended. "Commercial Operation" shall mean when used with respect to the Facility, the placing into service of such Facility for the production of the outputs for which it was designed at its design capacity. "Company" shall mean Microgy Grand Island, LLC, a Nebraska limited liability company, and its successors and assigns as permitted by Section 8.02 hereof. "Company Agreements" shall mean this Agreement, the Sublease, the Tax Regulatory Agreement, the Site Lease, the Biogas Agreement and the Pledge Agreement. "Completion Certificate" shall mean a certificate of the Authorized Company Representative to the effect stated in Section 4.04(b) hereof. 4834-8191-0786.7 6