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200806452 under the terms of the Indenture all of the Issuer's right, title and interest in and to the Rent Payments and certain other rights under this Agreement as provided in the Indenture. Section 5.04. Refunding and Redemption of Bonds. After the issuance of the Bonds, the Issuer shall not refund any of the Bonds or change or modify the Bonds in any way, except as provided for in the Indenture, without the prior written approval of the Authorized Company Representative; nor shall the Issuer redeem any Bonds prior to their scheduled maturities except upon the written direction of the Authorized Company Representative, unless such redemption is required by the Indenture. ARTICLE VI LEASE OF PROJECT TO THE COMPANY; RENTAL PROVISIONS Section 6.01. Quiet Enjoyment. Unless there has occurred and is continuing an Event of Default, the Issuer hereby covenants and agrees that it will not take any action, other than pursuant to Section 4.02(c) or Article VII of this Agreement, to prevent the Company from having quiet and peaceable possession and enjoyment of the Project during the Lease Term and will, at the request of the Company, and at the Company's cost, to the extent that it may lawfully do so, join in any legal action in which the Company asserts its right to such possession and enjoyment. The Issuer agrees that the Project shall be the sole property of the Company and that the Company shall enjoy the sole and exclusive possession of the Project (subject to the right of the Issuer and the Trustee to enter thereon for inspection and other purposes pursuant to the provisions of this Agreement). The parties acknowledge that for federal and state income tax purposes, the Company is intended to be the owner of the Project entitled to the related depreciation deductions, that the Company's Rent Payments pursuant to Section 6.02 hereof consist of interest components and a principal component for payment of the interest and principal, respectively, of the Bonds with the Company as indirect obligor under the Bonds, and that the Issuer will not take a position contrary to those as aforesaid. Section 6.02. Rent Payments and Other Amounts Payable. (a) The Company agrees to pay the Rent Payments to the Issuer as and for rental and for the use of the Project on or before, but not later than, five days next preceding each date provided in or pursuant to the Indenture for the payment of principal of, premium, if any, or interest on the Bonds (the interest payment dates for the Bonds being June 1 and December 1 of each year, commencing December I, 2008) until the principal of, premium, if any, and interest on the Bonds shall have been fully paid or provision for the payment thereof shall have been made in accordance with the Indenture, in immediately available funds, a sum which, together with other moneys available therefor in the Bond Fund, will enable the Trustee to pay the amount payable on such date as principal of (whether at maturity, or upon redemption, purchase, or acceleration or otherwise), premium, if any, and interest on the Bonds as provided in the Indenture. It is understood and agreed that all payments payable under this Section 6.02(a) by the Company are assigned by the Issuer to the Trustee for the benefit of the holders of 4834-8191-0786.7 31