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200806452 Section 4.17. No Warranty of Condition or Suitability by the Issuer. The Issuer makes no warranty, either express or implied, as to the Project or the condition thereof, or that the Project will be suitable for the purposes or needs of the Company. Section 4.18. Suspension of Biogas Deliveries. The Company shall notify the Issuer, the Trustee and the Bondholders promptly in writing in the event of any suspension of deliveries of biogas under the Biogas Agreement, except as may occur in conjunction with reasonable and necessary repair and maintenance of the Facility. ARTICLE V ISSUANCE OF BONDS; APPLICATION OF BOND PROCEEDS; REFUNDING AND REDEMPTION OF BONDS Section 5.01. Issuance of Bonds. On the Issue Date and in order to provide funds to finance the Project Costs, the Issuer will issue the Bonds and instruct the Trustee in writing to deliver the Bonds to the Underwriter, all in accordance with the Indenture. Section 5.02. Application of Bond Proceeds. (a) The Issuer shall deposit the proceeds of the Bonds with the Trustee, which shall deposit such proceeds into the Construction Fund and the Debt Service Reserve Fund in such amounts as are provided in the Indenture. The amounts so deposited shall be advanced to the Company in the manner provided herein and in the Indenture, and the Company shall repay such advances by making the Rent Payments as provided in this Agreement and the Indenture. (b) Notwithstanding any provision expressly or inferentially to the contrary contained herein, the Company unconditionally agrees that it shall make or cause to be made Rent Payments in immediately available funds to the Trustee (pursuant to an assignment by the Issuer to the Trustee, as hereinafter described) in lawful money of the United States of America. Upon the issuance and delivery of the Bonds to the Underwriter, and the deposit of the proceeds derived therefrom into the accounts established in the Indenture, the Company shall have received, and the Issuer shall have given, full and complete consideration for the Company's obligation hereunder to make Rent Payments. Section 5.03. Security for the Bonds. The obligations of the Company under this Agreement, including specifically the obligation to make Rent Payments as provided in Sections 5.02(b), 6.02, 6.03 and 6.06 hereof, shall be direct general obligations of the Company. As additional security for the payments of the Rent Payments and as further consideration for the advances made hereunder, the Biogas Agreement, together with all payments made to the Company under and pursuant to the Biogas Agreement, shall be and are hereby irrevocably assigned to the Trustee, and such payments shall be made directly to the Trustee for deposit into the Lockbox Account of the Bond Fund for application in accordance with the Indenture and when due and payable to the Rent Payments, and otherwise as provided by the Indenture. Prior to or simultaneously with the issuance of the Bonds, the Issuer will pledge and assign to the Trustee 4834-8191-0786.7 30