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200806452 (i) its limited liability company existence, in accordance with its organizational documents (as the same may be amended from time to time); and (ii) the rights (charter and statutory), licenses and franchises of the Company; provided, however, that the Company shall not be required to preserve any such right, license or franchise, or the corporate, partnership, if the Company shall determine that the preservation thereof is no longer desirable in the conduct of the business of the Company, and that the loss thereof is not adverse in any material respect to the Holders of the Bonds. Section 8.07. Recordation. The Company agrees that it will record and re~record and file and refile this Agreement, the Sublease and any of the financing statements and all supplements and necessary continuation statements with respect thereto, and such other instruments as may be required from time to time to be recorded or filed, in such manner and in such places as from time to time may be required by law in order fully to preserve and protect any security interests of the Owners of the Bonds and the rights of the Trustee hereunder and under the Indenture. The Company shall promptly provide copies of such instruments to the Trustee. Section 8.08. Granting of Easements. If no Event of Default shall have happened and be continuing, the Company may at any time or times, subject to its leasehold interest, cause to be granted easements, licenses, rights of way (induding the dedication of public highways) and other rights or privileges in the nature of easements with respect to any property or rights included in the Indenture, free from any security interest afforded by or under the Indenture, or the Company may release existing easements, licenses, rights of way and other rights and privileges with or without consideration, and the Issuer agrees that it shall execute and deliver, and will cause and direct the Trustee in writing to execute and deliver, any instrument necessary or appropriate to confirm and grant or release any such easement, license, right of way or other grant or privilege upon receipt of: (a) a copy of the instrument of grant or release, (b) a written application signed by the Authorized Company Representative requesting such instrument and certifying (i) that such grant or release is not detrimental to the proper conduct of the business of the Company and (ii) that such grant or release will not impair the effective use or interfere with the operation of the Project and (c) an opinion of the Company's counsel that such grant or release will not impair the security for the Bonds afforded by or under the Indenture. Section 8.09. Release of Certain Land. Notwithstanding any other provisions of this Agreement, the parties hereto reserve the right, at any time and from time to time, to amend this Agreement and the Indenture for the purpose of effecting the release of and removal from this Agreement, the leasehold estate created hereby and the lien of the Indenture of (a) any unimproved part of the Project Site (on which no Project building or other building or equipment owned by the Company and essential to the continued operation of the Project is situated) or (b) any part of the Project Site with respect to which the owner of the Project Site proposes to convey fee title to a railroad, public utility or public body in order that railroad service, utility services or roads may be provided for the Facility, provided, that if at the time any such amendment is made any of the Bonds are outstanding and unpaid, such amendment shall not be effective until and unless there are deposited with the Trustee the following: 4834-8191-0786.7 44