Common use of Extraordinary Mandatory Redemption Clause in Contracts

Extraordinary Mandatory Redemption. (1) The Class A Bonds maturing on December 1, 2017 and the Class B Bonds maturing on or after December 1, 2016 are subject to extraordinary mandatory redemption prior to maturity on or after December 1, 2015, upon notice from the Sponsor to the Trustee of the optional total prepayment of the 49C Notes by 49C, as a whole on any Interest Payment Date set forth below at the redemption prices (expressed as a percentage of the principal amount redeemed) set forth below, plus accrued interest to the redemption date. Interest Payment Dates Redemption Price ---------------------- ---------------- December 1, 2015 and June 1, 2016 102% December 1, 2016 and June 1, 2017 101% (2) The Bonds shall be subject to extraordinary mandatory redemption from monies received by the Trustee constituting Note prepayments, in whole or in part to the extent of such monies received by the Trustee, upon notice from the Sponsor to the Trustee that the 49C Notes have become subject to mandatory prepayment in whole due to casualty or condemnation with respect to all or substantially all of the Project, at a price equal to one hundred percent (100%) of the principal amount thereof, plus accrued interest thereon to the redemption date, on the Interest Payment Date for which required notice can be given and which next follows receipt by the Trustee of monies constituting such Note prepayments. (3) If not all of the Outstanding Bonds can be redeemed from monies received by the Trustee pursuant to Section 2.15(b)(2), the Trustee shall apply all monies so received to redeem the Outstanding Bonds in part, which redemption shall be made pro rata among the Holders of the Outstanding Bonds. In connection with any such partial redemption prior to maturity, the Trustee shall make appropriate entries in the Bond Register to reflect the portion of any Bond so redeemed and the amount of the principal remaining outstanding. The Trustee's notation in the Bond Register shall be conclusive as to the principal amount of any Bond Outstanding at any time.

Extraordinary Mandatory Redemption. (1) The Class A Bonds maturing on December 1, 2017 and the Class B Bonds maturing on or after December 1, 2016 are subject to extraordinary mandatory redemption prior to maturity on or after December 1, 2015, upon notice from the Sponsor to the Trustee of the optional total prepayment of the 49C Notes by 49C, as a whole on any Interest Payment Date set forth below at the redemption prices (expressed as a percentage of the principal amount redeemed) set forth below, plus accrued interest to the redemption date. Interest Payment Dates Redemption Price ---------------------- ---------------- December 1, 2015 and June 1, 2016 102% December 1, 2016 and June 1, 2017 101% (2) The Bonds shall be subject to extraordinary mandatory redemption from monies received by the Trustee constituting Note prepayments, in whole or in part to the extent of such monies received by the Trustee, upon notice from the Sponsor to the Trustee that the 49C Notes have become subject to mandatory prepayment in whole due to casualty or condemnation with respect to all or substantially all of the Project, at a price equal to one hundred percent (100%) of the principal amount thereof, plus accrued interest thereon to the redemption date, on the Interest Payment Date for which required notice can be given and which next follows receipt by the Trustee of monies constituting such Note prepayments. (3) . If not all of the Outstanding Bonds can be redeemed from monies so received by the Trustee pursuant to Section 2.15(b)(2)Trustee, the Trustee shall apply all such monies so received to redeem the Outstanding Bonds in part, which redemption shall be made pro rata PRO RATA among the Holders of the Outstanding Bonds. (2) The Class A Bonds maturing on December 1, 2017 are subject to extraordinary mandatory redemption prior to maturity on or after December 1, 2015, upon notice from the Sponsor to the Trustee of the optional total prepayment of the 49C Notes by 49C, as a whole on any Interest Payment Date set forth below at the redemption prices (expressed as a percentage of the principal amount redeemed) set forth below, plus accrued interest to the redemption date. Interest Payment Dates Redemption Price ---------------------- ---------------- December 1, 2015 and June 1, 2016 102% December 1, 2016 and June 1, 2017 101% Notice of any redemption under (b) above shall be given by the Trustee by certified mail, return receipt requested, not less than 30 days nor more than 45 days prior to the applicable redemption date to each Holder in whose name a Bond to be redeemed is registered on the Record Date preceding the applicable redemption date, at such Bondholder's address appearing in the Bond Register. Any failure to give such notice, or any defect therein, shall not affect the validity of any proceedings for the redemption of any other Bonds for which no such failure or defect occurs. Upon surrender for transfer of any Bond at the Corporate Trust Office of the Trustee, duly endorsed for transfer or accompanied by an assignment duly executed by the Holder or his attorney duly authorized in writing, the Sponsor shall execute and the Trustee shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds for a like aggregate principal amount of the same maturity and Class. Bonds may be exchanged upon surrender thereof at the Corporate Trust Office of the Trustee for a like aggregate principal amount of fully registered Bonds of the same maturity and Class. The Sponsor and the Trustee shall not be required to register, transfer or exchange any Bonds selected, called or being called for redemption, during any period from a Record Date to the immediately succeeding Interest Payment Date. In case of any registration of transfer or exchange, the Sponsor and the Trustee may require payment of a sum sufficient to cover actual expenses incurred in making such exchange or transfer and any tax or other governmental charge that may be imposed in connection with any such partial redemption prior to maturityregistration of transfer or exchange. The Sponsor and the Trustee may treat the Holder hereof as the absolute owner hereof for all purposes, and the Sponsor and the Trustee shall make appropriate entries not be affected by any notice to the contrary. This Bond shall not be entitled to any benefit under the Indenture or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been signed by the Trustee. The Holder of this Bond shall have no right to enforce the provisions of the Indenture or to institute action to enforce the pledge, assignment or covenants made therein or to take any action with respect to an Event of Default under the Indenture or to institute, appear in or defend any suit, action or other proceeding at law or in equity with respect thereto, except as provided in the Bond Register to reflect the portion of any Bond so redeemed Indenture. The terms and the amount provisions of the principal remaining outstandingIndenture are incorporated herein by reference and made a part hereof with the same force and effect as if fully stated herein. The Trustee's notation By the acceptance of this Bond, the Holder hereof is deemed to have agreed and consented to all the terms and provisions of the Indenture. All acts, conditions and things required to exist, to happen and to be performed precedent to and in connection with the issuance of this Bond Register shall be conclusive exist, have happened and have been performed in due time, form and manner as to required by the principal amount Indenture and by the proceedings of any Bond Outstanding at any timethe Sponsor with respect hereto.

Extraordinary Mandatory Redemption. (1) The Class A Bonds maturing on December 1, 2017 and the Class B Bonds maturing on or after December 1, 2016 are subject to extraordinary mandatory redemption prior to maturity on or after December 1, 2015, upon notice from the Sponsor to the Trustee of the optional total prepayment of the 49C Notes by 49C, as a whole on any Interest Payment Date set forth below at the redemption prices (expressed as a percentage of the principal amount redeemed) set forth below, plus accrued interest to the redemption date. Interest Payment Dates Redemption Price ---------------------- ---------------- December 1, 2015 and June 1, 2016 102% December 1, 2016 and June 1, 2017 101% (2) The Bonds shall be subject to extraordinary mandatory redemption from monies received by the Trustee constituting Note prepayments, in whole or in part to the extent of such monies received by the Trustee, upon notice from the Sponsor to the Trustee that the 49C Notes have become subject to mandatory prepayment in whole due to casualty or condemnation with respect to all or substantially all of the Projectredemption, at a redemption price equal to one hundred percent (100%) of the principal amount thereof, plus accrued interest thereon to the redemption date, on the Interest Payment Date for which required notice can be given and which next follows receipt by the Trustee of monies constituting such Note prepayments. (3) If not all of the Outstanding Bonds can be redeemed from monies received by the Trustee pursuant to Section 2.15(b)(2), the Trustee shall apply all monies so received to redeem the Outstanding Bonds in part, which redemption shall be made pro rata among the Holders of the Outstanding Bonds. In connection with any such partial redemption prior to maturity, the Trustee shall make appropriate entries in the Bond Register to reflect the portion of any Bond so redeemed and the amount of the principal remaining outstanding. The Trustee's notation in the Bond Register shall be conclusive as to the principal amount being redeemed plus accrued interest to the Redemption Date, on the one hundred eightieth day (or such earlier date as may be designated by the Company) after a final determination by a court of competent jurisdiction in the United States, a final action of the United States Internal Revenue Service, or receipt by the Company of an opinion of Bond Counsel obtained by the Company and rendered at the request of the Company, to the effect that solely as a result of a failure by the Company to perform or observe any covenant, agreement, representation or warranty contained in the Agreement, the interest payable on the Bonds is or will be included in the gross income of the owners thereof for federal income tax purposes, other than any owner who is a "substantial user" of the Facilities or a "related person" within the meaning of the Code. No determination by any court or administrative agency will be considered final unless the Company has participated in the proceeding which resulted in such determination, either directly or, at the option of the Company, through a Bondholder, to a degree it reasonably deems sufficient and until the conclusion of any appellate review sought by any party to such proceeding or the expiration of the time for seeking such review. Subject to the foregoing provisions of this Section 9.1(b), the Bonds shall be redeemed in whole unless, in the opinion of Bond Outstanding at Counsel mutually acceptable to the Issuer, the Trustee and the Company, the redemption of a portion of such Bonds would have the result that interest payable on the Bonds remaining outstanding after such redemption would not be includable in the gross income for federal income tax purposes of any timeowner of any such Bonds, other than any owner who is a "substantial user" of the Facilities or a "related person" within the meaning of the Code. Any such partial redemption shall be by lot in such amount as is necessary to accomplish such result. Payment of the redemption price upon the mandatory redemption of the Bonds pursuant to this Section 9.1(b) shall constitute the total compensation due from the Company as a result of the occurrence of any event causing such redemption, and neither the Issuer nor the Company shall be deemed to be in default under the Agreement or this Indenture by reason of the occurrence of any such event nor shall such redemption of the Bonds constitute an acceleration of indebtedness of the Issuer or the Company.

Extraordinary Mandatory Redemption. If the Lease is terminated by reason of the occurrence of: (a) an Event of Nonappropriation, or (b) an Event of Lease Default, or (c) in the event that (1) The Class A Bonds maturing on December 1, 2017 and the Class B Bonds maturing on Leased Property is damaged or after December 1, 2016 are subject to extraordinary mandatory redemption prior to maturity on or after December 1, 2015, upon notice from the Sponsor to the Trustee of the optional total prepayment of the 49C Notes by 49C, as a whole on any Interest Payment Date set forth below at the redemption prices (expressed as a percentage of the principal amount redeemed) set forth below, plus accrued interest to the redemption date. Interest Payment Dates Redemption Price ---------------------- ---------------- December 1, 2015 and June 1, 2016 102% December 1, 2016 and June 1, 2017 101% (2) The Bonds shall be subject to extraordinary mandatory redemption from monies received by the Trustee constituting Note prepayments, destroyed in whole or in part to by fire or other casualty, or (2) title to, or the extent temporary or permanent use of, the Leased Property has been taken by eminent domain by any governmental body or (3) breach of such monies received by the Trustee, upon notice from the Sponsor to the Trustee that the 49C Notes have become subject to mandatory prepayment in whole due to casualty warranty or condemnation any material defect with respect to the Leased Property becomes apparent or (4) title to or the use of all or substantially all any part of the ProjectLeased Property is lost by reason of a defect in title thereto, at and the Net Proceeds of any insurance, performance bond or condemnation award, or Net Proceeds received as a consequence of defaults under contracts relating to the Leased Property, made available by reason of such occurrences, shall be insufficient to pay in full, the cost of repairing or replacing the Leased Property, and the Town does not appropriate sufficient funds for such purpose or cause the Lease to be amended in order that Additional Certificates may be executed and delivered pursuant to this Indenture for such purpose, then the Certificates shall be required to be called for redemption. If called for redemption, as described herein, the Certificates are to be redeemed in whole on such date or dates as the Trustee may determine, for a redemption price equal to one hundred percent (100%) of the principal amount thereof, plus accrued interest thereon to the redemption date (subject to the availability of funds described below). If the Net Proceeds, including the Net Proceeds from the exercise of any Lease Remedy under the Lease, otherwise received and other moneys then available under this Indenture are insufficient to pay in full the principal of and accrued interest on all Outstanding Certificates, the Trustee may, or at the request of the Owners of a majority in aggregate principal amount of the Certificates Outstanding, and upon indemnification as provided in Section 8.01(d) of this Indenture, without any further demand or notice, shall, exercise all or any combination of Lease Remedies as provided in the Lease and the Certificates shall be redeemed by the Trustee from the Net Proceeds resulting from the exercise of such Lease Remedies and all other moneys, if any, then on hand and being held by the Trustee for the Owners of the Certificates. If the Net Proceeds resulting from the exercise of such Lease Remedies and other moneys are insufficient to redeem the Certificates at 100% of the principal amount thereof plus interest accrued to the redemption date, on then such Net Proceeds resulting from the Interest Payment Date for which required notice can exercise of such Lease Remedies and other moneys shall be given allocated proportionately among the Certificates, according to the principal amount thereof Outstanding. In the event that such Net Proceeds resulting from the exercise of such Lease Remedies and which next follows receipt by the Trustee of monies constituting such Note prepayments. (3) If not all other moneys are in excess of the Outstanding Bonds can amount required to redeem the Certificates at 100% of the principal amount thereof plus interest accrued to the redemption date, then such excess moneys shall be redeemed paid to the Town as an overpayment of the Purchase Option Price. Prior to any distribution of the Net Proceeds resulting from monies received by the Trustee pursuant to Section 2.15(b)(2)exercise of any of such remedies, the Trustee shall apply be entitled to payment of its reasonable and customary fees for all monies so received to redeem the Outstanding Bonds services rendered in part, which redemption shall be made pro rata among the Holders of the Outstanding Bonds. In connection with any such partial redemption prior to maturitydisposition, as well as reimbursement for all reasonable costs and expenses, including attorneys’ fees, incurred thereby, from proceeds resulting from the Trustee shall make appropriate entries in the Bond Register to reflect the portion exercise of any Bond so redeemed such Lease Remedies and the amount of the principal remaining outstandingother moneys. The Trustee's notation in the Bond Register shall be conclusive as to the principal amount of any Bond Outstanding at any timeIF THE CERTIFICATES ARE REDEEMED PURSUANT TO THIS SECTION 4.03 FOR AN AMOUNT LESS THAN THE AGGREGATE PRINCIPAL AMOUNT THEREOF PLUS INTEREST ACCRUED TO THE REDEMPTION DATE, SUCH PARTIAL PAYMENT SHALL BE DEEMED TO CONSTITUTE A REDEMPTION IN FULL OF THE RELATED CERTIFICATES, AND UPON SUCH A PARTIAL PAYMENT NO OWNER OF SUCH CERTIFICATES SHALL HAVE ANY FURTHER CLAIM FOR PAYMENT AGAINST THE TRUSTEE OR THE TOWN.

Extraordinary Mandatory Redemption. (1a) The Class A Bonds maturing on December 1, 2017 and the Class B Bonds maturing on or after December 1, 2016 are subject to extraordinary mandatory redemption prior to maturity on or after December 1, 2015, upon notice from the Sponsor to the Trustee of the optional total prepayment of the 49C Notes by 49C, as a whole on any Interest Payment Date set forth below at the redemption prices (expressed as a percentage of the principal amount redeemed) set forth below, plus accrued interest to the redemption date. Interest Payment Dates Redemption Price ---------------------- ---------------- December 1, 2015 and June 1, 2016 102% December 1, 2016 and June 1, 2017 101%redemption: (2i) The Bonds shall be subject to extraordinary mandatory redemption from monies received by the Trustee constituting Note prepayments, in [Reserved]; (ii) [Reserved]; (iii) In whole or in part part, in the event the Project or any portion of it is damaged or destroyed or is taken in a condemnation proceeding to the extent of such monies received by any Insurance Proceeds or Condemnation Award not used for the Trustee, upon notice from the Sponsor to the Trustee that the 49C Notes have become subject to mandatory prepayment in whole due to casualty repair or condemnation with respect to all or substantially all restoration of the Project, as further described below; (iv) In whole or in part, in the event of prepayment of the Loan at the direction of a trustee in bankruptcy for the Borrower; and (v) In whole, when any amounts in the Bond Fund not being held therein to redeem Bonds for which notice of redemption has previously been given, is sufficient to pay any unpaid amounts required to be paid by ARTICLE V and to redeem all Outstanding Bonds. (b) The Bonds called for redemption pursuant to subparagraphs (a)(iii) through (a)(v) inclusive shall be redeemed on the first Business day for which 30 days’ notice of redemption can be given at a redemption price equal to one hundred percent (100%) % of the principal amount thereof, without premium, plus accrued and unpaid interest thereon to the redemption date, on the Interest Payment Date date fixed for which required notice can be given and which next follows receipt by the Trustee of monies constituting such Note prepaymentsredemption. (3c) If not all the Project or any part thereof is damaged or destroyed as a result of fire or other casualty, or condemned or acquired for public use, the Borrower is required to repair or restore the Project in accordance with requirements of the Outstanding Bonds can be redeemed from monies received by Mortgage and Section 5.04 of the Loan Agreement. The Trustee, within five Business days of receipt of written notice of such damage, destruction or condemnation, shall provide written notice to the Borrower, the Issuer, the Significant Bondholder, each Owner requesting the same at the address supplied to the Trustee pursuant by such Owner or its authorized representative, and the Servicer, and the Servicer shall confirm that the Borrower has complied with the provisions of the Mortgage and the Loan Agreement applicable to such occurrence. If the conditions for repair or restoration of the Project, as provided in Section 2.15(b)(2)5.04 of the Loan Agreement, are not satisfied and the Trustee receives written notice from the Borrower of such insufficiency of the insurance proceeds or award in accordance with Section 5.04 of the Loan Agreement, the Trustee will apply the Net Casualty Proceeds of any casualty insurance or condemnation to the reduction of indebtedness under the Notes. In such event, the Trustee shall deposit such Net Casualty Proceeds in the Redemption Fund and apply all monies so received such money to redeem the Outstanding redemption of Bonds in part, which redemption shall be made pro rata among the Holders of the Outstanding Bonds. In connection accordance with any such partial redemption prior to maturity, the Trustee shall make appropriate entries in the Bond Register to reflect the portion of any Bond so redeemed and the amount of the principal remaining outstanding. The Trustee's notation in the Bond Register shall be conclusive as to the principal amount of any Bond Outstanding at any timesubparagraph (a)(i) above.

Extraordinary Mandatory Redemption. (1) The Class A Series 2019 Bonds maturing on December 1, 2017 and the Class B Bonds maturing on or after December 1, 2016 are subject to extraordinary mandatory redemption in whole by the Issuer in the event the Lease is terminated for any reason. When any Bonds are called for redemption pursuant to the optional redemption previously described, unless waived by the Owner of this Bond, notice thereof identifying the Bonds to be redeemed will be given by mailing a copy of the redemption notice at least 30 days prior to maturity the date fixed for redemption to the Owner of this Bond at the address shown on the registration books maintained by the Trustee; provided, however, that failure to give such notice by mailing as aforesaid, or after December 1any defect therein, 2015shall not affect the validity of any proceedings for the redemption of Bonds. All Bonds called for redemption will cease to bear interest on the specified redemption date and shall no longer be secured by the Indenture and shall not be deemed to be Outstanding under the provisions of the Indenture. The Series 2019 Bonds and the interest thereon are limited obligations of the Issuer payable exclusively out of the Trust Estate under the Indenture, upon notice from including but not limited to the Sponsor rents, revenues and receipts under the Lease, and are secured by a pledge of the Project (including any Project Additions) as described in the Lease and a pledge and assignment of the Trust Estate, including all rentals and other amounts to be received by the Issuer under and pursuant to the Lease, all as provided in the Indenture. The Bonds and the interest thereon do not constitute a debt or general obligation of the Issuer, the State of Kansas or any municipal corporation thereof, and are not payable in any manner by taxation. The Bonds shall not constitute an indebtedness within the meaning of constitutional or statutory debt limitations or restrictions. Pursuant to the provisions of the Lease, Basic Rent is to be paid by the Company directly to the Trustee for the account of the optional total prepayment Issuer and deposited in a special trust account created by the Issuer and designated “City of Xxxxxx Springs, Kansas, Principal and Interest Payment Account for Industrial Revenue Bonds (Taxable Under Federal Law) Series 2019 (Reddi Services Project).” No Owner of Bonds shall have the right to enforce the provisions of the 49C Notes by 49CIndenture or to institute action to enforce the covenants therein, or to take any action with respect to any event of default under the Indenture, or to institute, appear in or defend any suit or other proceedings with respect thereto, except as a whole provided in the Indenture. In certain events, on any Interest Payment Date the conditions, in the manner and with the effect set forth below at in the redemption prices (expressed as a percentage of Indenture, the principal amount redeemed) set forth below, plus accrued interest of all the Bonds issued under the Indenture and then Outstanding may become or may be declared due and payable prior to the redemption datestated maturity thereof, together with interest accrued thereon. Interest Payment Dates Redemption Price ---------------------- ---------------- December 1, 2015 and June 1, 2016 102% December 1, 2016 and June 1, 2017 101% (2) The Bonds shall Modifications or alterations of this Bond or the Indenture may be subject to extraordinary mandatory redemption from monies received by the Trustee constituting Note prepayments, in whole or in part made only to the extent and under the circumstances permitted by the Indenture. This Bond certificate is transferable, as provided in the Indenture, only upon the registration books of the Issuer kept for that purpose at the above mentioned office of the Bond Registrar and Paying Agent by the Owner hereof in person or by its duly authorized attorney, upon surrender of this Bond together with a written instrument of transfer satisfactory to the Trustee duly executed by the Owner or such monies received Owner’s duly authorized attorney, and thereupon a new Bond certificate in the same aggregate principal amount, shall be issued to the transferee in exchange therefor as provided in the Indenture, and upon payment of the charges therein prescribed. The Company has agreed to pay as Additional Rent under the Lease all costs incurred in connection with the issuance, transfer, exchange, registration, redemption or payment of the Bonds except (a) the reasonable fees and expenses in connection with the replacement of certificates mutilated, stolen, lost or destroyed or (b) any tax or other governmental charge imposed in relation to the transfer, exchange, registration, redemption or payment of the Bonds. The Issuer, the Trustee and any Paying Agent may deem and treat the person in whose name this Bond certificate is registered as the absolute Owner hereof for the purpose of receiving payment of, or on account of, the principal or redemption price hereof and interest due hereon and for all other purposes. This Bond certificate shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Indenture until the Certificate of Authentication hereon shall have been executed by the Trustee. IT IS HEREBY CERTIFIED AND DECLARED that all acts, upon notice from conditions and things required to exist, happen and be performed precedent to and in the Sponsor to the Trustee that the 49C Notes have become subject to mandatory prepayment in whole due to casualty or condemnation with respect to all or substantially all execution and delivery of the Project, at a price equal to one hundred percent (100%) Indenture and the issuance of the principal amount thereofBonds do exist, plus accrued interest thereon to the redemption datehave happened and have been performed in due time, on the Interest Payment Date for which form and manner as required notice can be given and which next follows receipt by the Trustee of monies constituting such Note prepaymentslaw. (3) If not all of the Outstanding Bonds can be redeemed from monies received by the Trustee pursuant to Section 2.15(b)(2), the Trustee shall apply all monies so received to redeem the Outstanding Bonds in part, which redemption shall be made pro rata among the Holders of the Outstanding Bonds. In connection with any such partial redemption prior to maturity, the Trustee shall make appropriate entries in the Bond Register to reflect the portion of any Bond so redeemed and the amount of the principal remaining outstanding. The Trustee's notation in the Bond Register shall be conclusive as to the principal amount of any Bond Outstanding at any time.

Extraordinary Mandatory Redemption. (1) The Class A Series 2019 Bonds maturing on December 1, 2017 and the Class B Bonds maturing on or after December 1, 2016 are subject to extraordinary mandatory redemption in whole by the Issuer in the event the Lease is terminated for any reason. When any Bonds are called for redemption pursuant to the optional redemption previously described, unless waived by the Owner of this Bond, notice thereof identifying the Bonds to be redeemed will be given by mailing a copy of the redemption notice at least 30 days prior to maturity the date fixed for redemption to the Owner of this Bond at the address shown on the registration books maintained by the Trustee; provided, however, that failure to give such notice by mailing as aforesaid, or after December 1any defect therein, 2015shall not affect the validity of any proceedings for the redemption of Bonds. All Bonds called for redemption will cease to bear interest on the specified redemption date and shall no longer be secured by the Indenture and shall not be deemed to be Outstanding under the provisions of the Indenture. The Series 2019 Bonds and the interest thereon are limited obligations of the Issuer payable exclusively out of the Trust Estate under the Indenture, upon notice from including but not limited to the Sponsor rents, revenues and receipts under the Lease, and are secured by a pledge of the Project (including any Project Additions) as described in the Lease and a pledge and assignment of the Trust Estate, including all rentals and other amount to be received by the Issuer under and pursuant to the Lease, all as provided in the Indenture. The Bonds and the interest thereon do not constitute a debt or general obligation of the Issuer, the State of Kansas or any municipal corporation thereof, and are not payable in any manner by taxation. The Bonds shall not constitute an indebtedness within the meaning of constitutional or statutory debt limitations or restrictions. Pursuant to the provisions of the Lease, Basic Rent is to be paid by the Company directly to the Trustee for the account of the optional total prepayment Issuer and deposited in a special trust account created by the Issuer and designated “City of Xxxxxx Springs, Kansas, Principal and Interest Payment Account for Industrial Revenue Bonds (Xxxxxxx Coach Project).” No Owner of Bonds shall have the right to enforce the provisions of the 49C Notes by 49CIndenture or to institute action to enforce the covenants therein, or to take any action with respect to any event of default under the Indenture, or to institute, appear in or defend any suit or other proceedings with respect thereto, except as a whole provided in the Indenture. In certain events, on any Interest Payment Date the conditions, in the manner and with the effect set forth below at in the redemption prices (expressed as a percentage of Indenture, the principal amount redeemed) set forth below, plus accrued interest of all the Bonds issued under the Indenture and then Outstanding may become or may be declared due and payable prior to the redemption datestated maturity thereof, together with interest accrued thereon. Interest Payment Dates Redemption Price ---------------------- ---------------- December 1, 2015 and June 1, 2016 102% December 1, 2016 and June 1, 2017 101% (2) The Bonds shall Modifications or alterations of this Bond or the Indenture may be subject to extraordinary mandatory redemption from monies received by the Trustee constituting Note prepayments, in whole or in part made only to the extent and under the circumstances permitted by the Indenture. This Bond certificate is transferable, as provided in the Indenture, only upon the registration books of the Issuer kept for that purpose at the above mentioned office of the Bond Registrar and Paying Agent by the Owner hereof in person or by its duly authorized attorney, upon surrender of this Bond together with a written instrument of transfer satisfactory to the Trustee duly executed by the Owner or such monies received Owner’s duly authorized attorney, and thereupon a new Bond certificate in the same aggregate principal amount, shall be issued to the transferee in exchange therefor as provided in the Indenture, and upon payment of the charges therein prescribed. The Company has agreed to pay as Additional Rent under the Lease all costs incurred in connection with the issuance, transfer, exchange, registration, redemption or payment of the Bonds except (a) the reasonable fees and expenses in connection with the replacement of certificates mutilated, stolen, lost or destroyed or (b) any tax or other governmental charge imposed in relation to the transfer, exchange, registration, redemption or payment of the Bonds. The Issuer, the Trustee and any Paying Agent may deem and treat the person in whose name this Bond certificate is registered as the absolute Owner hereof for the purpose of receiving payment of, or on account of, the principal or redemption price hereof and interest due hereon and for all other purposes. This Bond certificate shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Indenture until the Certificate of Authentication hereon shall have been executed by the Trustee. IT IS HEREBY CERTIFIED AND DECLARED that all acts, upon notice from conditions and things required to exist, happen and be performed precedent to and in the Sponsor to the Trustee that the 49C Notes have become subject to mandatory prepayment in whole due to casualty or condemnation with respect to all or substantially all execution and delivery of the Project, at a price equal to one hundred percent (100%) Indenture and the issuance of the principal amount thereofBonds do exist, plus accrued interest thereon to the redemption datehave happened and have been performed in due time, on the Interest Payment Date for which form and manner as required notice can be given and which next follows receipt by the Trustee of monies constituting such Note prepaymentslaw. (3) If not all of the Outstanding Bonds can be redeemed from monies received by the Trustee pursuant to Section 2.15(b)(2), the Trustee shall apply all monies so received to redeem the Outstanding Bonds in part, which redemption shall be made pro rata among the Holders of the Outstanding Bonds. In connection with any such partial redemption prior to maturity, the Trustee shall make appropriate entries in the Bond Register to reflect the portion of any Bond so redeemed and the amount of the principal remaining outstanding. The Trustee's notation in the Bond Register shall be conclusive as to the principal amount of any Bond Outstanding at any time.