Common use of Bond Fund Clause in Contracts

Bond Fund. A Bond Fund is hereby established by the Issuer with the Trustee, and the Trustee is hereby appointed paying agent for the Bonds. Moneys shall be deposited in the Bond Fund from time to time and shall be applied solely as follows: (a) [RESERVED] (b) Upon completion of the Project or upon the occurrence of other events specified in Section 501C, funds shall be transferred from the Construction Account of the Project Fund to the Bond Fund and applied in accordance with Section 501C. (c) Loan payments by the Borrower pursuant to Sections 1001A and 1001B, amounts transferred from the Reserve Fund pursuant to Section 502A, amounts transferred from the Capitalized Interest Account or Construction Account of the Project Fund pursuant to Section 501A, amounts transferred from the Debt Service Reserve Fund pursuant to Sections 503 (a), (b) and (c) , amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Sections 505(a) and (b), amounts transferred from the Equity Reserve Fund pursuant to Sections 505A(a) and (b), amounts transferred from the Supplemental Equity Fund pursuant to Sections 505D(a), (b) and (d) and amounts transferred from the Credit Enhancement Account pursuant to Sections 505B(b) and (c) shall be deposited into the Bond Fund and shall be applied to pay principal of and interest on the Bonds as and when the same become due. (d) Sums for the redemption of Bonds as described in Section 401 shall be deposited into the Bond Fund. Such funds shall be applied to make such redemptions. (e) Proceeds from insurance or condemnation awards shall be deposited in the Bond Fund to the extent provided in Section 702 or 703. The Trustee shall apply the monies so deposited in the Bond Fund to redeem the principal of the Bonds as provided in Section 403, without premium, immediately upon the earliest practicable redemption date selected by the Trustee for the redemption without further authorization from the Borrower or the Issuer so as, to the extent possible, to exhaust such amount. Any balance remaining after such application shall be applied to pay interest on the Bonds. (f) Sums received upon exercise of remedies by the Trustee or the Issuer after an Event of Default (except sums received by the Issuer pursuant to rights not assigned by the Issuer to the Trustee hereunder), amounts transferred from the Revenue Fund as provided in the last sentence of Section 502A, amounts transferred from the Debt Service Reserve Fund pursuant to Section 503(d), amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Section 505(c), amounts transferred from the Equity Reserve Fund pursuant to Section 505A(c), amounts transferred from the Supplemental Equity Fund pursuant to Section 505D(c) and amounts transferred from the Credit Enhancement Account pursuant to Section 505B(d) shall be deposited in the Bond Fund. Such monies shall be applied in accordance with the provisions of Section 1105.

Bond Fund. A There is hereby created and established with the Trustee a Bond Fund is hereby established by the Issuer with the Trustee, and the Trustee is hereby appointed paying agent for the Bondswhich shall be used as provided in this Section. Moneys There shall be deposited in the Bond Fund from time to time and shall be applied solely as follows: the following: (a) [RESERVED] (b) Upon completion of the Project or upon the occurrence of other events specified any amount in Section 501C, funds shall be transferred from the Construction Account of the Project Fund directed to the Bond Fund and applied in accordance with Section 501C. (c) Loan payments by the Borrower pursuant to Sections 1001A and 1001B, amounts transferred from the Reserve Fund pursuant to Section 502A, amounts transferred from the Capitalized Interest Account or Construction Account of the Project Fund pursuant to Section 501A, amounts transferred from the Debt Service Reserve Fund pursuant to Sections 503 (a), (b) and (c) , amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Sections 505(a) and (b), amounts transferred from the Equity Reserve Fund pursuant to Sections 505A(a) and (b), amounts transferred from the Supplemental Equity Fund pursuant to Sections 505D(a), (b) and (d) and amounts transferred from the Credit Enhancement Account pursuant to Sections 505B(b) and (c) shall be deposited paid into the Bond Fund and shall be applied to pay principal of and interest on the Bonds as and when the same become due. (d) Sums for the redemption of Bonds as described in Section 401 shall be deposited into the Bond Fund. Such funds shall be applied to make such redemptions. (e) Proceeds from insurance or condemnation awards shall be deposited in the Bond Fund to the extent provided in Section 702 or 703. The Trustee shall apply the monies so deposited in the Bond Fund to redeem the principal of the Bonds as provided in Section 403, without premium, immediately upon the earliest practicable redemption date selected by the Trustee for the redemption without further authorization from the Borrower or the Issuer so as, to the extent possible, to exhaust such amount. Any balance remaining after such application shall be applied to pay interest on the Bonds. (f) Sums received upon exercise of remedies by the Trustee or the Issuer after an Event of Default (except sums received by the Issuer pursuant to rights not assigned by the Issuer to the Trustee hereunder), amounts transferred from the Revenue Fund as provided in the last sentence of Section 502A, amounts transferred from the Debt Service Reserve Fund pursuant to Section 503(d), amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Section 505(c), amounts transferred from the Equity Reserve Fund pursuant to Section 505A(c), amounts transferred from the Supplemental Equity Fund pursuant to Section 505D(c) and amounts transferred from the Credit Enhancement Account pursuant to Section 505B(d) shall be deposited in the Bond Fund. Such monies shall be applied in accordance with the provisions of Section 11055.04 or 5.05 hereof; (b) any amount to be deposited in the Bond Fund pursuant to Section 6.04 hereof; (c) all payments specified in Section 4.01(a) of the Sublease; (d) any moneys drawn under the Letter of Credit which moneys shall be deposited in a separate account of the Bond Fund and shall not be commingled with any other moneys held by the Trustee; (e) amounts held by the Trustee pursuant to Section 3.10 hereof; and (f) all other moneys received by the Trustee pursuant to Section 6.02 hereof. Except as provided in Section 3.07, 3.10 and 6.08 hereof, moneys in the Bond Fund shall be used solely for the payment of principal of, premium, if any, and interest on the Bonds and for the redemption of the Bonds prior to maturity. Subject to the provisions of Section 6.09 hereof, funds for such payments of principal of and premium, if any, and interest on the Bonds shall be derived from the following sources in the following order of priority indicated: (i) amounts required to be transferred from the Construction Fund to the Bond Fund in accordance with clause (a) of the preceding paragraph which constitute Available Moneys; (ii) any amount deposited into the Bond Fund pursuant to Section 6.04 hereof which constitutes Available Moneys; (iii) any moneys drawn by the Trustee under the Letter of Credit; and (iv) any other moneys furnished to the Trustee and available for such purpose. The foregoing notwithstanding, amounts deposited into the Bond Fund in accordance with Section 5.04 hereof shall be applied only to the payment of the principal of, or the portion of the Purchase Price corresponding to the principal of, the Bonds, and amounts deposited into the Bond Fund pursuant to Section 6.04 hereof shall be applied only to the payment of the principal of the Bonds.

Bond Fund. A Bond Fund is hereby established by (A) In addition to the Issuer with the Trustee, and the Trustee is hereby appointed paying agent for the Bonds. Moneys shall be moneys deposited in the Bond Fund from time to time and shall be applied solely as follows: (a) [RESERVED] (b) Upon completion of the Project or upon the occurrence of other events specified in Section 501C, funds shall be transferred from the Construction Account of the Project Fund to the Bond Fund (1)from the proceeds of the Bonds pursuant to Section 402 hereof and applied in accordance with Section 501C. (c2) Loan payments by the Borrower pursuant to Sections 1001A 403, 404 and 1001B410 hereof, amounts transferred from the Reserve Fund pursuant to Section 502A, amounts transferred from the Capitalized Interest Account or Construction Account of the Project Fund pursuant to Section 501A, amounts transferred from the Debt Service Reserve Fund pursuant to Sections 503 (a), (b) and (c) , amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Sections 505(a) and (b), amounts transferred from the Equity Reserve Fund pursuant to Sections 505A(a) and (b), amounts transferred from the Supplemental Equity Fund pursuant to Sections 505D(a), (b) and (d) and amounts transferred from the Credit Enhancement Account pursuant to Sections 505B(b) and (c) there shall be deposited into the Bond Fund (a) all installment purchase payments received from the Company under the Installment Sale Agreement (except payments made with respect to the Unassigned Rights), (b) any amount in the Insurance and Condemnation Fund directed to be paid into the Bond Fund under Section 406 hereof, (c) any amounts received from the Company pursuant to Section 3.4 or Section 4.6 of the Installment Sale Agreement, (d)all prepayments by the Company in accordance with Section 5.5 of the Installment Sale Agreement in connection with which notice has been given to the Trustee pursuant to Section 302 hereof, (e) any amounts received by the Trustee under the Credit Facility, and (f) all other moneys received by the Trustee under and pursuant to this Indenture or the other Financing Documents which by the terms hereof or thereof are to be deposited into the Bond Fund, or are accompanied by directions from the Company or the Issuer that such moneys are to be paid into the Bond Fund. (B) The Trustee shall deposit into the following specified accounts of the Bond Fund the following amounts: (1) into the Credit Facility Account, all moneys drawn by the Trustee under the Credit Facility, which account shall hold no other moneys; (2) into the Remarketing Proceeds Account, all amounts representing the proceeds from a remarketing of the Bonds, which account shall hold no other moneys; (3) into the Redemption Premium Account, all amounts deposited to pay premiums on the Bonds, which account shall hold no other moneys; and (4) into the Defeasance Account, all amounts deposited to pay and discharge the Bonds pursuant to Section 1001 hereof, which account shall hold no other moneys. Neither the Issuer, the Company, any Guarantor, any affiliate of the Company or any Guarantor or any Insider of any of them shall have any interest in, nor any right whatsoever to take or control (other than the right of the Company to direct investments pursuant to Section 410 hereof), the Credit Facility Account, the Credit Facility, the Redemption Premium Account, the Remarketing Proceeds Account, the Defeasance Account or any subaccounts of any of the foregoing accounts, or the moneys and Authorized Investments therein, including any proceeds thereof, all of which shall be held in trust by the Trustee for the sole benefit of the Bondholders until all Debt Service Payments on the Bonds are paid and thereafter for the benefit of the Credit Facility Issuer; provided, however, that any amounts which were deposited in the Redemption Premium Account of the Bond Fund for the purpose of causing such amounts to constitute Available Moneys and which remain after all of the Outstanding Bonds shall be deemed paid and discharged under this Indenture, shall be retained by the Trustee and shall not be applied paid to or for the benefit of the Company, any Guarantor, any Affiliate of the Company or any Guarantor or any Insider of any of them, which shall have no right to take or control such amounts. If the Bonds are then rated by a Rating Service or Rating Services, no moneys in the Redemption Premium Account or the Defeasance Account may be used to pay Debt Service Payments on the Bonds until the Company delivers to such Rating Service or Rating Services an opinion of nationally recognized counsel experienced in bankruptcy matters to the effect that payments on the Bonds from such moneys will not constitute voidable preferences under the U.S. Bankruptcy Code in the event a petition in bankruptcy is subsequently filed by or against the Company or the Issuer. The Trustee shall establish separate subaccounts within the Redemption Premium Account and the Defeasance Account for each deposit (including any investment income thereon) made into the Bond Fund so that the Trustee may at all times ascertain the date and source of deposit of the funds in such accounts and the Trustee shall assure moneys having different dates of deposit and held in separate subaccounts shall not be commingled. (C) Moneys on deposit in the Bond Fund shall be disbursed and applied by the Trustee to pay the Debt Service Payments on the Bonds as said Debt Service Payments become due and payable on the Bonds in accordance with the provisions of the Bonds and this Indenture. Except as otherwise provided in Section 609(A)(1) hereof, moneys in the Bond Fund shall be used solely for the payment of the principal or redemption price of the Bonds and interest on the Bonds from the following source or sources, but only in the following order of priority: (1) Available Moneys held in the Credit Facility Account, provided that in no event shall moneys held in the Credit Facility Account be used to pay any amount which may be due on Bonds held pursuant to Section 308 hereof; (2) Available Moneys held on deposit in the Redemption Premium Account; (3) any other Available Moneys in the Bond Fund; and (4) any other amounts available in the Bond Fund. (D) To the extent moneys described under Section 405(C)(1) hereof are not available in the Bond Fund to pay principal or redemption price of the Bonds and interest on the Bonds on any maturity date, Interest Payment Date, redemption date or Purchase Date (other than Bonds held pursuant to Section 308 hereof, except for interest payments on Bonds that were not held pursuant to Section 308 hereof on the Record Date for such payment), the Trustee shall, on or before 11:00 o'clock a.m.(New York time) on the Business Day prior to such due date, or 11:00 o'clock a.m. (New York time) on such Purchase Date, draw upon or demand payment under the Credit Facility, if any, then held by the Trustee in a manner so as to provide immediately available funds by the close of business on such date in an amount necessary to make the required payments of the principal of and premium, if applicable and if payable from a draw on the Credit Facility, and interest on the Bonds on such maturity date, Interest Payment Date, redemption date or to purchase the Bonds tendered or deemed tendered on such Purchase Date. Upon receipt of such moneys from the Credit Facility Issuer, the Trustee shall (1) (a) deposit the amount representing a drawing on the Credit Facility for the payment of principal of and interest on the Bonds in the Credit Facility Account of the Bond Fund, and apply the same to the payment of such principal and interest due on the Bonds or (b) use the proceeds of the draw to the pay the purchase price of the Bonds in accordance with Section 309 hereof, and (2) pay, on behalf of the Company, but only from and to the extent of any amounts described in Section 405(C)(3) hereof and Section 405(C)(4) hereof then on deposit in the Bond Fund, any and all amounts then due and payable under the Reimbursement Agreement. Any payment made by the Trustee on behalf of the Company described in clause (2) of the immediately preceding sentence shall be made by wire transfer of immediately available funds to the account of the Credit Facility Issuer on the date the Trustee receives moneys pursuant to a drawing upon the Credit Facility. (1) Moneys on deposit in the Bond Fund shall be invested in Authorized Investments in accordance with Section 410 hereof. All interest and other income accrued and earned on moneys on deposit in the Bond Fund shall be deposited by the Trustee into the Bond Fund. (2) Moneys on deposit in the Bond Fund shall be applied by the Trustee to pay the principal of, premium, if any, and interest on the Bonds as and when the same become due, whether at Stated Maturity, upon acceleration of the Bonds or upon redemption of the Bonds, except as provided in Section 411 and Section 408(E) hereof. (dF) Sums for Notwithstanding anything herein to the redemption of Bonds as described contrary, in Section 401 NO EVENT shall be deposited into the Bond Fund. Such funds shall be applied to make such redemptions. (e) Proceeds from insurance or condemnation awards shall be moneys deposited in the Bond Fund to the extent provided be retained therein for a period in Section 702 or 703. excess of one (1) year. (G) The Trustee shall apply the monies so deposited Issuer acknowledges that it has no interest in the Bond Fund to redeem the principal Credit Facility Account, and any moneys and Authorized Investments therein, all of the Bonds as provided which shall be held in Section 403, without premium, immediately upon the earliest practicable redemption date selected trust by the Trustee for the redemption without further authorization from sole benefit of the Borrower or holders of the Bonds, and that the Issuer so ashas no interest in the Bond Fund and any moneys and Authorized Investments therein, all of which shall be held in trust by the Trustee for the benefit of the holders of the Bonds and, to the extent possiblethat the holders of the Bonds are paid through draws under a Credit Facility, to exhaust such amount. Any balance remaining after such application shall be applied to pay interest on the Bonds. (f) Sums received upon exercise of remedies by the Trustee or the Issuer after an Event of Default (except sums received by the Issuer pursuant to rights not assigned by the Issuer to the Trustee hereunder), amounts transferred from the Revenue Fund as provided in the last sentence of Section 502A, amounts transferred from the Debt Service Reserve Fund pursuant to Section 503(d), amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Section 505(c), amounts transferred from the Equity Reserve Fund pursuant to Section 505A(c), amounts transferred from the Supplemental Equity Fund pursuant to Section 505D(c) and amounts transferred from the Credit Enhancement Account pursuant to Section 505B(d) shall be deposited in the Bond Fund. Such monies shall be applied in accordance with the provisions of Section 1105Facility Issuer.

Bond Fund. A Bond Fund is hereby established The following amounts received by the Issuer with the Trustee, and the --------- Trustee is hereby appointed paying agent for the Bonds. Moneys shall be deposited in as promptly as practicable into the Bond Fund from time to time and shall be applied solely as follows: (a) [RESERVED] (b) Upon completion of the Project or directly upon the occurrence of other events specified in Section 501C, funds shall be transferred receipt from the Construction Account of the Project Fund to the Bond Fund and applied Administrative Agent or as soon as practicable after receipt, in each case in accordance with this Section 501C. 3.3: (ci) Loan all ----------- payments by the Borrower pursuant to Sections 1001A and 1001B, amounts transferred received from the Reserve Fund pursuant to Section 502A, amounts transferred Administrative Agent in respect of interest payable on the Bonds; (ii) all payments received from the Capitalized Interest Account or Construction Account Administrative Agent in respect of principal payable of the Project Fund pursuant to Section 501ABonds; (iii) all payments received from the Administrative Agent in respect of any redemption, amounts transferred in whole or in part, of the Bonds; (iv) all payments received from the Administrative Agent in respect of any withdrawal from the Debt Service Reserve Account pursuant to Section 3.6 of ----------- the Deposit and Disbursement Agreement; (v) any amounts earned from the investment of the moneys in any of the Bond Fund, Interest Sub-Fund, Principal Sub-Fund or Redemption Sub-Fund pursuant to Sections 503 Section 3.7; and (avi) all other ----------- amounts (howsoever earned) and proceeds of any nature whatsoever received from the Administrative Agent in respect of the Bonds. The Issuer hereby agrees and confirms (x) that it has irrevocably instructed each of the Collateral Agent and the Administrative Agent and (y) that each of the Collateral Agent and the Administrative Agent has received such instruction, to make all such payments directly to the Trustee for deposit in the Bond Fund in accordance with the terms of this Section 3.3. If, notwithstanding the foregoing, any such amounts ----------- are remitted directly to the Issuer (or any Affiliate of the Issuer), the Issuer shall (bor shall cause any such Affiliate to) hold such payments in trust for the Trustee and shall promptly remit such payments to the Trustee for deposit in the Bond Fund, in the form received, with any necessary endorsements. (ci) , amounts transferred from Upon the Construction and Operating Costs Contingency deposit into the Bond Fund of any payment in respect of interest on the Bonds pursuant to Sections 505(athe Deposit and Disbursement Agreement (other than as described in clause (iii) and (bimmediately below), the Trustee shall separately segregate such payments in the Interest Sub-Fund of the Bond Fund until application of such amounts transferred from the Equity Reserve Fund pursuant to Sections 505A(aSection 3.4. ----------- (ii) Upon the deposit into the Bond Fund of any payment in respect of principal of the Bonds pursuant to the Deposit and Disbursement Agreement (bother than as described in clause (iii) immediately below), the Trustee shall separately segregate such payments in the Principal Sub-Fund of the Bond Fund until application of such amounts transferred from the Supplemental Equity Fund pursuant to Sections 505D(a), Section 3.5. ----------- (biii) and (d) and amounts transferred from Upon the Credit Enhancement Account deposit into the Bond Fund of the proceeds of any payment in respect of any redemption pursuant to Sections 505B(bthe Deposit and Disbursement Agreement, the Trustee shall separately segregate such payments in the Redemption Sub-Fund of the Bond Fund until application of such amounts pursuant to Section 3.6 and Article VI. ----------- ---------- (iv) and (c) In the event the Trustee receives moneys in respect of Bonds without adequate written instruction with respect to the proper sub- fund into which such moneys are to be deposited, the Trustee shall be deposited deposit such moneys into the Bond Fund and shall be applied to pay principal of and interest segregate such moneys from all other amounts on the Bonds as and when the same become due. (d) Sums for the redemption of Bonds as described in Section 401 shall be deposited into the Bond Fund. Such funds shall be applied to make such redemptions. (e) Proceeds from insurance or condemnation awards shall be deposited deposit in the Bond Fund and notify the Issuer of the receipt of such moneys. Upon receipt of' written instructions from the Issuer, the Trustee shall transfer such moneys to the extent provided in Section 702 Interest Sub-Fund, the Principal Sub-Fund or 703. The Trustee shall apply the monies so deposited in Redemption Sub-Fund of the Bond Fund to redeem the principal of the Bonds as provided in Section 403, without premium, immediately upon the earliest practicable redemption date selected specified by the Trustee for the redemption without further authorization from the Borrower or the Issuer so as, to the extent possible, to exhaust such amount. Any balance remaining after such application shall be applied to pay interest on the BondsIssuer. (f) Sums received upon exercise of remedies by the Trustee or the Issuer after an Event of Default (except sums received by the Issuer pursuant to rights not assigned by the Issuer to the Trustee hereunder), amounts transferred from the Revenue Fund as provided in the last sentence of Section 502A, amounts transferred from the Debt Service Reserve Fund pursuant to Section 503(d), amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Section 505(c), amounts transferred from the Equity Reserve Fund pursuant to Section 505A(c), amounts transferred from the Supplemental Equity Fund pursuant to Section 505D(c) and amounts transferred from the Credit Enhancement Account pursuant to Section 505B(d) shall be deposited in the Bond Fund. Such monies shall be applied in accordance with the provisions of Section 1105.

Bond Fund. A Bond Fund There is hereby established by the Issuer with the Trustee, and the Trustee is hereby appointed paying agent for the Bonds. Moneys shall created a fund to be deposited in the designated “Hillsborough County Industrial Development Authority Pollution Control Revenue Refunding Bonds (Tampa Electric Company Project) Series 2006 Bond Fund from time to time and shall be applied solely as follows: (a) [RESERVED] (b) Upon completion of the Project or upon the occurrence of other events specified in Section 501C, funds shall be transferred from the Construction Account of the Project Fund to the Fund.” The Bond Fund and applied the moneys and Permitted Investments therein shall be used solely and exclusively for the payment of Bond Service Charges as they become due at stated maturity, by redemption, or by acceleration, all as provided herein. Bond Service Charges shall be payable, as they become due, (i) in accordance with Section 501C. (c) Loan the first instance from the payments to be made by the Borrower pursuant Company to Sections 1001A and 1001B, amounts transferred from the Reserve Fund Trustee pursuant to Section 502A, amounts transferred from the Capitalized Interest Account or Construction Account of the Project Fund pursuant to Section 501A, amounts transferred from the Debt Service Reserve Fund pursuant to Sections 503 (a), (b5.05(a) and (c) , amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Sections 505(a) and (b), amounts transferred from the Equity Reserve Fund pursuant to Sections 505A(a) and (b), amounts transferred from the Supplemental Equity Fund pursuant to Sections 505D(a), (b) and (d) and amounts transferred from the Credit Enhancement Account pursuant to Sections 505B(b) and (c) shall be deposited into the Bond Fund and shall be applied to pay principal of and interest on the Bonds as and when the same become due. (d) Sums for the redemption of Bonds as described in Section 401 shall be deposited into the Bond Fund. Such funds shall be applied to make such redemptions. (e) Proceeds from insurance or condemnation awards shall be deposited in the Bond Fund to the extent provided in Section 702 or 703. The Trustee shall apply the monies so deposited in the Bond Fund to redeem the principal of the Bonds as provided in Section 403, without premium, immediately upon the earliest practicable redemption date selected by the Trustee for the redemption without further authorization from the Borrower or the Issuer so as, to the extent possible, to exhaust such amount. Any balance remaining after such application shall be applied to pay interest on the Bonds. (f) Sums received upon exercise of remedies by the Trustee or the Issuer after an Event of Default (except sums received by the Issuer pursuant to rights not assigned by the Issuer to the Trustee hereunder), amounts transferred from the Revenue Fund as provided in the last sentence of Section 502A, amounts transferred from the Debt Service Reserve Fund pursuant to Section 503(d), amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Section 505(c), amounts transferred from the Equity Reserve Fund pursuant to Section 505A(c), amounts transferred from the Supplemental Equity Fund pursuant to Section 505D(c) and amounts transferred from the Credit Enhancement Account pursuant to Section 505B(d) shall be deposited in the Bond Fund, (ii) if those payments are not made or if moneys then on deposit in the Bond Fund and available for that purpose are not sufficient to pay the Bond Service Charges, from other Revenues to the extent then available, and (iii) from any other source lawfully available to the Trustee. Such monies Except where moneys have been deposited with or paid to the Trustee pursuant to an instrument restricting their application to particular Bonds, all moneys required or permitted to be deposited with or paid to the Trustee under any provision of this Agreement, and any investments thereof, shall be applied held by the Trustee in trust. Except for (i) moneys deposited with or paid to the Trustee for the redemption of Bonds, notice of the redemption of which shall have been duly given, and (ii) moneys held by the Trustee pursuant to Section 13.03, all moneys described in the preceding sentence held by the Trustee shall be subject to the lien hereof while so held. The Trustee shall apply money contained in the accounts described below at the following respective times in the manner hereinafter provided, which accounts the Trustee hereby agrees to establish and maintain within the Bond Fund so long as this Agreement is not discharged in accordance with ARTICLE XIII and each such account shall constitute a trust fund for the provisions benefit of Section 1105the holders of the Bonds and the Bond Insurer, and the money in each such account shall be disbursed only for the purposes and uses hereinafter authorized.

Bond Fund. A Bond Fund (a) There is hereby established by with the Trustee a Bond Fund, the moneys in which, in accordance with Section 6.02(c), the Trustee shall make available to the Paying Agent or Agents, to pay (i) the principal or redemption price of Bonds as they mature or become due, upon surrender and (ii) the interest on Bonds as it becomes payable. There are hereby established with the Trustee within the Bond Fund two separate and segregated accounts, to be designated “Company Account” and “Credit Facility Account”. The Credit Facility Account and the Company Account are maintained as separate and segregated accounts and any moneys held therein shall not be commingled with any other moneys or funds. Neither the Issuer with nor the Trustee, and Company shall have any interest in the Trustee is hereby appointed paying agent for the Bonds. Moneys Credit Facility Account. (b) There shall be deposited in into the accounts of the Bond Fund from time to time and shall be applied solely as followsthe following: (ai) [RESERVED] into the Company Account, (bA) Upon completion any accrued interest from the sale of the Project Bonds, (B) all payments of principal of or upon premium or interest on, the occurrence Note, and (C) all other moneys received by the Trustee under and pursuant to the provisions of other events specified in Section 501Cthis Indenture or any of the provisions of the Agreement or the Note, funds shall be transferred when accompanied by directions from the Construction Account of the Project Fund Person depositing such moneys that such moneys are to be paid to the Bond Fund Fund; and (ii) into the Credit Facility Account, all moneys drawn by the Trustee under a Credit Facility, if any, to pay principal or redemption price of the Bonds and applied in accordance with Section 501C.interest on the Bonds and deposited directly therein, and only such moneys. (c) Loan payments by Except as provided in subsection (e) of this Section, moneys in the Borrower pursuant to Sections 1001A Bond Fund shall be used solely for the payment of the principal or redemption price of the Bonds and 1001B, amounts transferred interest on the Bonds from the Reserve Fund following source or sources but only in the following order of priority: (i) proceeds of the Credit Facility, if any, deposited directly into, and held in, the Credit Facility Account, provided that, in no event shall moneys held in the Credit Facility Account be used to pay any premium which may be due on the Bonds pursuant to Section 502A9.01(a) unless the Credit Facility, amounts transferred from if any, then in effect is available to pay such premium, and provided further, that in no event shall moneys in the Capitalized Interest Credit Facility Account or Construction Account of the Project Fund be used to pay any amount which may be due on Bonds held pursuant to Section 501A, amounts transferred from 5.05 or any other Bonds registered in the Debt Service Reserve Fund pursuant to Sections 503 name of the Company; and (a), (bii) and (c) , amounts transferred from moneys held in the Construction and Operating Costs Contingency Fund pursuant to Sections 505(a) and (b), amounts transferred from the Equity Reserve Fund pursuant to Sections 505A(a) and (b), amounts transferred from the Supplemental Equity Fund pursuant to Sections 505D(a), (b) and Company Account. (d) Except with respect to payments of principal or redemption price of and interest on Bonds held pursuant to Section 5.05 or any other Bonds registered in the name of the Company, the Trustee shall, at or before 12:00 Noon (New York City time) on the date on which such principal, redemption price or interest is due, draw upon or demand payment under the Credit Facility, if any, then held by the Trustee in accordance with its terms in an amount, after taking into account any moneys then on deposit in the Credit Facility Account, and in a manner so as to provide immediately available funds for principal or redemption price and interest by 2:00 p.m. (New York City time) on such due date. If such funds for whatever reason are not provided under the Credit Facility by 2:00 p.m. (New York City time) on such date, then the Trustee shall immediately notify the Company and demand payment from the Company under the Agreement and the Note of an amount, after taking into account any moneys then on deposit in the Company Account, and in a manner so as to provide in the Company Account immediately available funds for principal or redemption price and interest by 4:00 p.m. (New York City time) on such due date. (e) While the Credit Facility is in effect and there is no default in the payment of principal or redemption price of or interest on the Bonds, any amounts transferred in the Company Account shall be paid to the Credit Facility Issuer to the extent of any amounts that the Company owes the Credit Facility Issuer pursuant to the Reimbursement Agreement (as certified in writing by the Credit Facility Issuer to the Trustee and the Company). Any amounts remaining in the Bond Fund (first, from the Credit Enhancement Account pursuant to Sections 505B(bFacility Account, and second, from the Company Account) and (c) shall be deposited into after payment in full of the Bond Fund and shall be applied to pay principal or redemption price of and interest on the Bonds as (or provision for payment thereof) and when payment of any outstanding fees and expenses of the same become due. Trustee (dincluding its reasonable attorney fees and expenses) Sums for the redemption of Bonds as described in Section 401 shall be deposited into the Bond Fund. Such funds shall be applied to make such redemptions. (e) Proceeds from insurance or condemnation awards shall be deposited in the Bond Fund paid, first, to the extent provided in Section 702 or 703. The Trustee shall apply the monies so deposited in the Bond Fund to redeem the principal of the Bonds as provided in Section 403, without premium, immediately upon the earliest practicable redemption date selected by the Trustee for the redemption without further authorization from the Borrower or the Issuer so asCredit Facility Issuer, to the extent possible, to exhaust such amount. Any balance remaining after such application shall be applied to pay interest on of any amounts that the Bonds. (f) Sums received upon exercise of remedies by Company owes the Trustee or the Issuer after an Event of Default (except sums received by the Credit Facility Issuer pursuant to rights not assigned the Reimbursement Agreement (as certified in writing by the Credit Facility Issuer to the Trustee hereunder)and the Company) and, amounts transferred from second, to the Revenue Fund as provided in the last sentence of Section 502A, amounts transferred from the Debt Service Reserve Fund pursuant to Section 503(d), amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Section 505(c), amounts transferred from the Equity Reserve Fund pursuant to Section 505A(c), amounts transferred from the Supplemental Equity Fund pursuant to Section 505D(c) and amounts transferred from the Credit Enhancement Account pursuant to Section 505B(d) shall be deposited in the Bond Fund. Such monies shall be applied in accordance with the provisions of Section 1105Company.

Bond Fund. A Bond Fund (a) There is hereby established by the Issuer with the TrusteeTrustee a Bond Fund, and the Trustee within which there is hereby appointed paying agent for the Bonds. Moneys established a Company Debt Service Account and a Letter of Credit Debt Service Account. (b) The Trustee shall be deposited in maintain the Bond Fund from time to time and shall be applied solely as follows: (ai) [RESERVED] (b) Upon completion of The Company shall make Installment Payments and Purchase Price payments in immediately available funds to the Project or upon Trustee for deposit into the occurrence of other events specified in Section 501C, funds shall be transferred from the Construction Company Debt Service Account of the Project Bond Fund on the date on which such payment of principal(including principal called for redemption) of, premium, if any, Purchase Price or interest on Bonds shall become due in an amount equal to the payment then coming due on such Bonds less the amounts, if any, (i) then held in the Company Debt Service Account of the Bond Fund and applied available to pay the same and (ii) amounts then held in accordance with Section 501C. (c) Loan payments the Letter of Credit Debt Service Account. The Trustee shall deposit into the Company Debt Service Account all Installment Payments and Purchase Price payments, any accrued interest received from the sale of the Bonds, and all other amounts received by the Borrower Trustee from the Company or for the account of the Company pursuant to Sections 1001A the Agreement and 1001Ball payments under and pursuant to the provisions of this Indenture or any of the provisions of the Agreement, amounts transferred when accompanied by directions from the Reserve Fund pursuant Person depositing such moneys that such moneys are to Section 502A, amounts transferred from be paid into the Capitalized Interest Account or Construction Company Debt Service Account of the Project Fund pursuant to Section 501A, amounts transferred from Bond Fund. (ii) The Trustee shall deposit into the Letter of Credit Debt Service Reserve Fund pursuant to Sections 503 (a), (b) and (c) , amounts transferred Account all moneys received by the Trustee from drawings under the Construction and Operating Costs Contingency Fund pursuant to Sections 505(a) and (b), amounts transferred from the Equity Reserve Fund pursuant to Sections 505A(a) and (b), amounts transferred from the Supplemental Equity Fund pursuant to Sections 505D(a), (b) and (d) and amounts transferred from the Letter of Credit Enhancement Account pursuant to Sections 505B(b) and (c) shall be deposited into the Bond Fund and shall be applied to pay principal of and interest the Bonds, any premium on the Bonds as and when the same become due. (d) Sums for the redemption of Bonds as described in Section 401 shall be deposited into the Bond Fund. Such funds shall be applied to make such redemptions. (e) Proceeds from insurance or condemnation awards shall be deposited in the Bond Fund to the extent provided in Section 702 or 703. The Trustee shall apply extent, if any, that there is coverage of premium under the monies so deposited in the Bond Fund to redeem the principal Letter of the Bonds as provided in Section 403, without premium, immediately upon the earliest practicable redemption date selected by the Trustee for the redemption without further authorization from the Borrower or the Issuer so as, to the extent possible, to exhaust such amount. Any balance remaining after such application shall be applied to pay Credit) and interest on the Bonds. (fiii) Sums received upon exercise of remedies by the Trustee or the Issuer after an Event of Default (except sums received by the Issuer pursuant to rights not assigned by the Issuer to the Trustee hereunder), amounts transferred from the Revenue Fund as provided Moneys in the last sentence Letter of Section 502A, amounts transferred from the Credit Debt Service Reserve Fund pursuant to Section 503(d), amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Section 505(c), amounts transferred from the Equity Reserve Fund pursuant to Section 505A(c), amounts transferred from the Supplemental Equity Fund pursuant to Section 505D(c) and amounts transferred from the Credit Enhancement Account pursuant to Section 505B(d) shall be deposited in the Bond Fund. Such monies shall be applied to the payment when due of principal of the Bonds, any premium on the Bonds (to the extent, if any, that there is coverage of premium under the Letter of Credit) and interest on the Bonds (other than Company Bonds or, except as such funds are expressly contemplated to be applied to the payment of the principal of Bank Bonds and accrued interest thereon under Section 4.3(b)(v), Bank Bonds) prior to the payment of any moneys under subsection 6.2(b)(iv). (iv) Moneys in the Company Debt Service Account shall be applied to the following in the order of priority indicated: (A) if the Bank has honored in full a draw under the Letter of Credit and to the extent the Bank has not been reimbursed in accordance with the provisions of Section 1105the Reimbursement Agreement, the reimbursement of the Bank when due for moneys drawn under the Letter of Credit and deposited in the Letter of Credit Debt Service Account for payment of principal of the Bonds, any premium on the Bonds (to the extent, if any, that there is coverage of premium under the Letter of Credit) and interest on the Bonds; (B) when insufficient moneys have been received under the Letter of Credit for application pursuant to subsection 6.2(b)(iii) or when no Letter of Credit is being held by the Trustee for the Bonds, the payment when due of principal of the Bonds, any premium on the Bonds and interest on the Bonds, other than Company Bonds or Bank Bonds; (C) the payment when due of principal of, premium, if any, on and interest on Bank Bonds; and (D) the payment when due of principal of, premium, if any, on and interest on Company Bonds, provided that if the Trustee shall have received written notice from the Bank that any amounts are due and owing to the Bank under the Reimbursement Agreement, such payments shall be made to the Bank for the account of the Company. (v) Whenever a Letter of Credit is held by the Trustee for the Bonds, prior to 4:00 p.m., New York City time, on the Business Day immediately preceding each Interest Payment Date, each Redemption Date and the Maturity Date of the Bonds, the Trustee shall present the requisite certificate for a drawing on the Letter of Credit so as to comply with the provisions of the Letter of Credit for payment to be made in sufficient time for the Trustee to receive the proceeds of such drawing at or before 1:00 p.m., New York City time, on such Interest Payment Date, Redemption Date or Maturity Date, as the case may be, to pay principal of the Bonds, any premium on the Bonds (to the extent, if any, that there is coverage of premium under the Letter of Credit) and interest on the Bonds due on such date. In addition, the Trustee shall draw on the Letter of Credit pursuant to its terms in accordance with and in order to satisfy the requirements of Section

Bond Fund. A Bond Fund There is hereby established by the Issuer with the Trustee, and the Trustee is hereby appointed paying agent for the Bonds. Moneys shall created a fund to be deposited in the designated “Polk County Industrial Development Authority Solid Waste Disposal Facility Revenue Refunding Bonds (Tampa Electric Company Project) Series 2007 Bond Fund from time to time and shall be applied solely as follows: (a) [RESERVED] (b) Upon completion of the Project or upon the occurrence of other events specified in Section 501C, funds shall be transferred from the Construction Account of the Project Fund to the Fund.” The Bond Fund and applied the moneys and Permitted Investments therein shall be used solely and exclusively for the payment of Bond Service Charges as they become due at stated maturity, by redemption, or by acceleration, all as provided herein. Bond Service Charges shall be payable, as they become due, (i) in accordance with Section 501C. (c) Loan the first instance from the payments to be made by the Borrower pursuant Company to Sections 1001A and 1001B, amounts transferred from the Reserve Fund Trustee pursuant to Section 502A, amounts transferred from the Capitalized Interest Account or Construction Account of the Project Fund pursuant to Section 501A, amounts transferred from the Debt Service Reserve Fund pursuant to Sections 503 (a), (b5.05(a) and (c) , amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Sections 505(a) and (b), amounts transferred from the Equity Reserve Fund pursuant to Sections 505A(a) and (b), amounts transferred from the Supplemental Equity Fund pursuant to Sections 505D(a), (b) and (d) and amounts transferred from the Credit Enhancement Account pursuant to Sections 505B(b) and (c) shall be deposited into the Bond Fund and shall be applied to pay principal of and interest on the Bonds as and when the same become due. (d) Sums for the redemption of Bonds as described in Section 401 shall be deposited into the Bond Fund. Such funds shall be applied to make such redemptions. (e) Proceeds from insurance or condemnation awards shall be deposited in the Bond Fund to the extent provided in Section 702 or 703. The Trustee shall apply the monies so deposited in the Bond Fund to redeem the principal of the Bonds as provided in Section 403, without premium, immediately upon the earliest practicable redemption date selected by the Trustee for the redemption without further authorization from the Borrower or the Issuer so as, to the extent possible, to exhaust such amount. Any balance remaining after such application shall be applied to pay interest on the Bonds. (f) Sums received upon exercise of remedies by the Trustee or the Issuer after an Event of Default (except sums received by the Issuer pursuant to rights not assigned by the Issuer to the Trustee hereunder), amounts transferred from the Revenue Fund as provided in the last sentence of Section 502A, amounts transferred from the Debt Service Reserve Fund pursuant to Section 503(d), amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Section 505(c), amounts transferred from the Equity Reserve Fund pursuant to Section 505A(c), amounts transferred from the Supplemental Equity Fund pursuant to Section 505D(c) and amounts transferred from the Credit Enhancement Account pursuant to Section 505B(d) shall be deposited in the Bond Fund, (ii) if those payments are not made or if moneys then on deposit in the Bond Fund and available for that purpose are not sufficient to pay the Bond Service Charges, from other Revenues to the extent then available, and (iii) from any other source lawfully available to the Trustee. Such monies Except where moneys have been deposited with or paid to the Trustee pursuant to an instrument restricting their application to particular Bonds, all moneys required or permitted to be deposited with or paid to the Trustee under any provision of this Agreement, and any investments thereof, shall be applied held by the Trustee in trust. Except for (i) moneys deposited with or paid to the Trustee for the redemption of Bonds, notice of the redemption of which shall have been duly given, and (ii) moneys held by the Trustee pursuant to Section 13.03, all moneys described in the preceding sentence held by the Trustee shall be subject to the lien hereof while so held. The Trustee shall apply money contained in the accounts described below at the following respective times in the manner hereinafter provided, which accounts the Trustee hereby agrees to establish and maintain within the Bond Fund so long as this Agreement is not discharged in accordance with ARTICLE XIII and each such account shall constitute a trust fund for the provisions benefit of Section 1105the holders of the Bonds and the Bond Insurer, and the money in each such account shall be disbursed only for the purposes and uses hereinafter authorized.

Bond Fund. A Bond Fund is hereby established The following amounts received by the Issuer with the Trustee, and the Trustee is hereby appointed paying agent for the Bonds. Moneys shall be deposited in as promptly as practicable into the Bond Fund from time to time and shall be applied solely as follows: (a) [RESERVED] (b) Upon completion of the Project or directly upon the occurrence of other events specified in Section 501C, funds shall be transferred receipt from the Construction Account of the Project Fund to the Bond Fund and applied Administrative Agent or as soon as practicable after receipt, in each case in accordance with this Section 501C. 3.3: (ci) Loan all payments by the Borrower pursuant to Sections 1001A and 1001B, amounts transferred received from the Reserve Fund pursuant to Section 502A, amounts transferred Administrative Agent in respect of interest payable on the Bonds; (ii) all payments received from the Capitalized Interest Account or Construction Account Administrative Agent in respect of principal payable of the Project Fund pursuant to Section 501ABonds; (iii) all payments received from the Administrative Agent in respect of any redemption, amounts transferred in whole or in part, of the Bonds; (iv) all payments received from the Administrative Agent in respect of any withdrawal from the Debt Service Reserve Account pursuant to Section 3.6 of the Common Agreement; (v) any amounts earned from the investment of the moneys in any of the Bond Fund, Interest Sub-Fund, Principal Sub-Fund or Redemption Sub-Fund pursuant to Sections 503 Section 3.7; and (avi) all other amounts (howsoever earned) and proceeds of any nature whatsoever received from the Administrative Agent in respect of the Bonds. The Funding Corporation and the Partnership hereby agree and confirm (x) that they have irrevocably instructed each of the Collateral Agent and the Administrative Agent and (y) that each of the Collateral Agent and the Administrative Agent has received such instruction, to make all such payments directly to the Trustee for deposit in the Bond Fund in accordance with the terms of this Section 3.3. If, notwithstanding the foregoing, any such amounts are remitted directly to the Funding Corporation or the Partnership (or any Affiliate of the Funding Corporation or the Partnership), the Funding Corporation or the Partnership shall (bor shall cause any such Affiliate to) hold such payments in trust for the Trustee and shall promptly remit such payments to the Trustee for deposit in the Bond Fund, in the form received, with any necessary endorsements. (ci) , amounts transferred from Upon the Construction and Operating Costs Contingency deposit into the Bond Fund of any payment in respect of interest on the Bonds pursuant to Sections 505(athe Common Agreement (other than as described in clause (iii) and (bimmediately below), the Trustee shall separately segregate such payments in the Interest Sub-Fund of the Bond Fund until application of such amounts transferred from the Equity Reserve Fund pursuant to Sections 505A(aSection 3.4. (ii) and Upon the deposit into the Bond Fund of any payment in respect of principal of the Bonds pursuant to the Common Agreement (bother than as described in clause (iii) immediately below), the Trustee shall separately segregate such payments in the Principal Sub-Fund of the Bond Fund until application of such amounts transferred from the Supplemental Equity Fund pursuant to Sections 505D(a), Section 3.5. (biii) and (d) and amounts transferred from Upon the Credit Enhancement Account deposit into the Bond Fund of the proceeds of any payment in respect of any redemption pursuant to Sections 505B(bthe Common Agreement, the Trustee shall separately segregate such payments in the Redemption Sub-Fund of the Bond Fund until application of such amounts pursuant to Section 3.6 and Article VI. (iv) and (c) In the event the Trustee receives moneys in respect of Bonds without adequate written instruction with respect to the proper sub-fund into which such moneys are to be deposited, the Trustee shall be deposited deposit such moneys into the Bond Fund and shall be applied to pay principal of and interest segregate such moneys from all other amounts on the Bonds as and when the same become due. (d) Sums for the redemption of Bonds as described in Section 401 shall be deposited into the Bond Fund. Such funds shall be applied to make such redemptions. (e) Proceeds from insurance or condemnation awards shall be deposited deposit in the Bond Fund and notify the Funding Corporation and the Partnership of the receipt of such moneys. Upon receipt of' written instructions from the Funding Corporation or the Partnership, the Trustee shall transfer such moneys to the extent provided in Section 702 Interest Sub-Fund, the Principal Sub-Fund or 703. The Trustee shall apply the monies so deposited in Redemption Sub-Fund of the Bond Fund to redeem the principal of the Bonds as provided in Section 403, without premium, immediately upon the earliest practicable redemption date selected specified by the Trustee for the redemption without further authorization from the Borrower Funding Corporation or the Issuer so as, to the extent possible, to exhaust such amount. Any balance remaining after such application shall be applied to pay interest on the BondsPartnership. (f) Sums received upon exercise of remedies by the Trustee or the Issuer after an Event of Default (except sums received by the Issuer pursuant to rights not assigned by the Issuer to the Trustee hereunder), amounts transferred from the Revenue Fund as provided in the last sentence of Section 502A, amounts transferred from the Debt Service Reserve Fund pursuant to Section 503(d), amounts transferred from the Construction and Operating Costs Contingency Fund pursuant to Section 505(c), amounts transferred from the Equity Reserve Fund pursuant to Section 505A(c), amounts transferred from the Supplemental Equity Fund pursuant to Section 505D(c) and amounts transferred from the Credit Enhancement Account pursuant to Section 505B(d) shall be deposited in the Bond Fund. Such monies shall be applied in accordance with the provisions of Section 1105.