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82000204
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82000204
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Last modified
3/9/2009 6:28:10 PM
Creation date
2/27/2009 11:48:19 AM
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DEEDS
Inst Number
82000204
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<br />x <br />{b) Itt`additon to the foregoing optional redemption in <br />ta? above, all of'the Series:B Bonds sha11 be subject to redemp.- <br />tion on any date prior to 3anuary 15, t99i:, at the principal <br />am~~unt of each Sond, plus accrued. interest to the date fixed for <br />rpde~mption, in the-event-of purchase of the Project by Lessee <br />under subparagraphs {1), t2-3, or (3) of Section... 9.83 of the Lease <br />and.Agreetnent, wh'i_ch subparagraphs relate to damage to or <br />co~ndemnatian ofrthe project, changes in law or judgment ofr°any. <br />court: making or holding the Lease and. Agreement void or imposing <br />unreasonable burdens, and enjoining of the-operation of ttae <br />Prajee :, <br />tc) All of the Series B Bonds sha11 be subject to <br />redemption within two years after the: date. of determination {"Rate <br />of etermnation") that as of a certain dated "Date of Taxation") <br />the iriteres on the: Series B Bonds became includible or will <br />become includible in the gross income of the holders of the Series <br />B Bonds {other than a holder who is a substantial user of or <br />related person as such are defined in Section. tE~3 of the Internal <br />Rev~ettue Code of S9S4) foz any reason,. including a change of law or° <br />..:arty determination, decision or decree made in regard to Section <br />1tT3 of the lriternal Revenue bode of 195.4, as amended, by the <br />Comiaaissioner or any District Director of Tnternal_ Revenue.-or by. <br />any court caf competent jurt_sd>iction; prowided, however, should the <br />issuer, Lessee or:aay;related pet`sonor any bondholder, either- <br />jointly or severally,- ucceed+in reversing or setting aside any: <br />det~erminatian iother than a change of la:w) or if, within two years <br />after the effective date of a change os law, the law=again pro- <br />video for tax exea;gtia, on the same terms as now ex-ist, then it <br />will be deemed that the determination of`>taxabiiity had. not <br />occurred; in the event of such determination of taxability, the <br />redemption shah be ~t tise prr<cipal aaraunt of 'each Bond:,. plus: <br />accrued interest plus additional interest on the pzincipal amd aunt <br />of each Bond from thw Date of Taxati^n to *_::e date fixed f:<tir <br />rec;etngt.i.on at the rate of 53 per annu.~, pl~xs a rec):eatptioxr gr-emum <br />oaf 5~a of tine prirsci;~a~l arrcrunL of sash' 9anc~; provided, however, any. <br />_y_ <br />
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