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2A+k <br /> <br />(2) the taking or damaging of all the Project, or <br />such portion thereof as represents at least the major <br />producti•*~ capacity thereof, through the exercise of the <br />power ~f eminent domain or through other action by any <br />public instrumentality or agency; or <br />(3) the imposition upon the Company or the <br />Sublessee, by reason of any decree or judgment of a court of <br />law, any statute, any change in the law or any order or <br />regulation of any public instrumentality or agency, <br />rendered, enacted, adopted or promulgated after the date of <br />effectiveness of the Lease, of burdens, liabilities or legal <br />restrictions which are so unreasonable, excessive or <br />prejudical as to make the operation of the Project no ~rnger <br />economically or legally feasible, or to render the Lease, or <br />any material portion thereof, void, unenforceable or <br />impossible of performance according to the intent and <br />purposes of the parties hereto; or the enjoining of the <br />Project or operation thereof. <br />(c) All of the Bonds iss;:ed under this Indenture, at <br />the time outstanding, shall be subject to redemption in <br />whole at any time prior to their stated maturities, from <br />moneys then on deposit in the Bond ~"und, if the Internal <br />Revenue Service or any other authorized agency, <br />instrumentality or officer of the United States of America <br />or any court of competent jurisdiction shall determine that <br />the interest on such Bonds is no longer exempt under federal <br />income tax laws for any reason, including, but not limited <br />to, that of exceeding the bond issue limitation (if <br />applicable) under Section 103(b)(6) of the Code by taking <br />into account the aggregate amount of "capital expenditures" <br />paid or incurred, as defined and provided in Section <br />103(b)(6)(D), (E), (G) and (A) of said Code. Written notice <br />of such determination shall be promptly filed by the Issuer <br />with the Company and the Trustee, or by the Trustee with the <br />Company and the Issuer. Within two years of said filing of <br />such written notice, all of the outstanding Bonds shall be <br />called for redemption by the Issuer at a redemption Brice of <br />105% of the principal amount of each of such Bonds, plus <br />accrued interest thereon to the redemption date. <br />subject to the provisions of this Indenture, the Bonds <br />of any other series issued under the provisions of this <br />Indenture may be made subject to redemption, either in whole <br />or in part and at such times and prices, as may be provided <br />in the resolutions or supplements to the Indenture <br />authorizing the issuance of such Bonds. <br />If less than all the Bonds of any Series shall be <br />called for redemption, the particular Bonds to be redeemed <br />shall be called in the inverse order of their maturities. <br />If less than all of the Bonds of any one maturity shall be <br />called for redemption, the particular Bonds to be redeemed <br />35 <br />!__. <br />_.__f <br />t_._ <br />