Common use of Facility Maturity Date Clause in Contracts

Facility Maturity Date. The Issuing Lender shall have the right to accelerate the Facility Maturity Date to an earlier date in accordance with the following terms and conditions: (i) If at least forty (40) calendar days prior to the First Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the First Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to such fortieth (40th) calendar date prior to the First Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before March 1, 2012, then the Facility Maturity Date shall be accelerated to April 1, 2013 effective on the First Required Additional Contribution Date and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(i). (ii) If the Facility Maturity Date has not been accelerated pursuant to Section 2.01(c)(i) and if at least forty (40) calendar days prior to the Third Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the Second Required Additional Contribution has been made at least forty (40) calendar days prior to the Second Required Additional Contribution Date and setting forth the date on which such contribution was received by the Borrower and stating that the Third Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to such fortieth (40th) calendar date prior to the Third Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before March 1, 2014, then the Facility Maturity Date shall be accelerated to April 1, 2015 effective on the Third Required Additional Contribution Date and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(ii). (iii) If the Facility Maturity Date has not been accelerated pursuant to Section 2.01(c)(i) or (ii) and if on or prior to the Fourth Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the Fourth Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to the Fourth Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before January 10, 2018, then the Facility Maturity Date shall be accelerated to April 1, 2018 effective on January 10, 2018 and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(iii). (iv) If the Facility Maturity Date has not been accelerated pursuant to Section 2.01(c)(i), (ii) or (iii) and if on or prior to the Fifth Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the Fifth Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to the Fifth Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before January 10, 2020, then the Facility Maturity Date shall be accelerated to April 1, 2020 effective on January 10, 2020 and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(iv). (v) Notwithstanding anything in this Agreement to the contrary, the only consequence of the failure of the Borrower to deliver an officer’s certificate pursuant to Section 2.01(c)(i), (ii), (iii) or (iv) shall be the Issuing Lender’s right to issue an Acceleration Notice and accelerate the Facility Maturity Date to the applicable date set forth in Section 2.01(c)(i), (ii), (iii) or (iv) and any such failure of the Borrower to deliver an officer’s certificate pursuant to this Section 2.01(c) shall not constitute a Default or an Event of Default.

Facility Maturity Date. The Issuing Lender shall have the right to accelerate the Facility Maturity Date to an earlier date in accordance with the following terms and conditions: (i) If at least forty (40) calendar days prior to the First Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the First Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to such fortieth (40th) calendar date prior to the First Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before March 1, 2012, then the Facility Maturity Date shall be accelerated to April 1, 2013 effective on the First Required Additional Contribution Date and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(i). (ii) If the Facility Maturity Date has not been accelerated pursuant to Section 2.01(c)(i) and if at least forty (40) calendar days prior to the Third Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the Second Required Additional Contribution has been made at least forty (40) calendar days prior to the Second Required Additional Contribution Date and setting forth the date on which such contribution was received by the Borrower and stating that the Third Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to such fortieth (40th) calendar date prior to the Third Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before March 1, 2014, then the Facility Maturity Date shall be accelerated to April 1, 2015 effective on the Third Required Additional Contribution Date and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(ii). (iii) If the Facility Maturity Date has not been accelerated pursuant to Section 2.01(c)(i) or (ii) and if on or prior to the Fourth Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the Fourth Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to the Fourth Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before January 10, 2018, then the Facility Maturity Date shall be accelerated to April 1, 2018 effective on January 10, 2018 and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(iii). (iv) If the Facility Maturity Date has not been accelerated pursuant to Section 2.01(c)(i), (ii) or (iii) and if on or prior to the Fifth Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the Fifth Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to the Fifth Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before January 10, 2020, then the Facility Maturity Date shall be accelerated to April 1, 2020 effective on January 10, 2020 and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(iv). (v) If the Facility Maturity Date has not been accelerated pursuant to Section 2.01(c)(i), (ii), (iii) or (iv) and if on or prior to the Sixth Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the Sixth Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to the Sixth Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before January 10, 2022, then the Facility Maturity Date shall be accelerated to April 1, 2022 effective on January 10, 2022 and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(v). (vi) Notwithstanding anything in this Agreement to the contrary, the only consequence of the failure of the Borrower to deliver an officer’s certificate pursuant to Section 2.01(c)(i), (ii), (iii), (iv) or (ivv) shall be the Issuing Lender’s right to issue an Acceleration Notice and accelerate the Facility Maturity Date to the applicable date set forth in Section 2.01(c)(i), (ii), (iii), (iv) or (ivv) and any such failure of the Borrower to deliver an officer’s certificate pursuant to this Section 2.01(c) shall not constitute a Default or an Event of Default.

Facility Maturity Date. The Issuing Lender shall have the right to accelerate the Facility Maturity Date shall be extended to an earlier a later date in accordance with the following terms and conditions: (i) If (A) at least forty thirty-five (4035) calendar days prior to the First Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the First Required Additional Contribution has been made and setting forth the date on which Borrower has provided notice of such contribution was received by to the Borrower Issuing Lender in accordance with Section 6.01(dd) (the “First Extension Event”) and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has shall have occurred and is be continuing as of such date, then and the Facility Maturity Date Borrower shall remain the same date as in effect immediately prior to such fortieth (40th) calendar date prior to the First Required Additional Contribution Date. If have notified the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before March 1, 2012writing to that effect, then the Facility Maturity Date shall be accelerated extended to April 1, 2013 2015. Any such extension of the Facility Maturity Date shall automatically become effective on the First Required Additional Contribution Date, unless the Reinsurance Trustee has received a Non-Extension Notice from the Issuing Lender before March 1, 2012, and shall remain effective until the Facility Maturity Date is further extended or the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Non-Extension Notice if the Extension Conditions have been fully satisfied. (ii) If (A) the First Extension Event has occurred, (B) at least thirty-five (35) calendar days prior to the Second Required Additional Contribution Date, the Second Required Additional Contribution has been made, (C) at least thirty-five (35) calendar days prior to the Third Required Additional Contribution Date, the Third Required Additional Contribution has been made and the Borrower has provided notice of such Second Required Additional Contribution and Third Required Additional Contribution to the Issuing Lender in accordance with Section 6.01(dd) (the “Second Extension Event”) and (D) no event that constitutes an Event of Default pursuant to Sections Section 8.01(l) or (m) shall have occurred and be continuing and the Borrower shall have notified the Issuing Lender in writing to that effect, then the Facility Maturity Date shall be extended to April 1, 2018. Any such extension of the Facility Maturity Date shall automatically become effective on the Third Required Additional Contribution Date, unless the Reinsurance Trustee has received a Non-Extension Notice from the Issuing Lender before March 1, 2014, and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Non-Extension Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(i)Extension Conditions have been fully satisfied. (ii) If the Facility Maturity Date has not been accelerated pursuant to Section 2.01(c)(i) and if at least forty (40) calendar days prior to the Third Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the Second Required Additional Contribution has been made at least forty (40) calendar days prior to the Second Required Additional Contribution Date and setting forth the date on which such contribution was received by the Borrower and stating that the Third Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to such fortieth (40th) calendar date prior to the Third Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before March 1, 2014, then the Facility Maturity Date shall be accelerated to April 1, 2015 effective on the Third Required Additional Contribution Date and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(ii). (iii) If the Facility Maturity Date has not been accelerated pursuant to Section 2.01(c)(i) or (ii) and if on or prior to the Fourth Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the Fourth Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to the Fourth Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before January 10, 2018, then the Facility Maturity Date shall be accelerated to April 1, 2018 effective on January 10, 2018 and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(iii). (iv) If the Facility Maturity Date has not been accelerated pursuant to Section 2.01(c)(i), (ii) or (iii) and if on or prior to the Fifth Required Additional Contribution Date, the Borrower shall deliver to the Issuing Lender an officer’s certificate of Borrower in the form attached hereto as Exhibit G, dated as of such date, (A) stating that the Fifth Required Additional Contribution has been made and setting forth the date on which such contribution was received by the Borrower and (B) stating that no event that constitutes an Event of Default pursuant to Sections 8.01(l) or (m) has occurred and is continuing as of such date, then the Facility Maturity Date shall remain the same date as in effect immediately prior to the Fifth Required Additional Contribution Date. If the Issuing Lender has not received the officer’s certificate of the Borrower described in the immediately preceding sentence and the Issuing Lender has delivered an Acceleration Notice before January 10, 2020, then the Facility Maturity Date shall be accelerated to April 1, 2020 effective on January 10, 2020 and shall remain effective until the Letter of Credit is terminated pursuant to the terms of this Agreement. The Issuing Lender agrees not to issue any such Acceleration Notice if it has received the officer’s certificate of the Borrower described in the first sentence of this Section 2.01(c)(iv). (v) Notwithstanding anything in this Agreement to the contrary, the only consequence of the failure of the Borrower to deliver an officer’s certificate pursuant to Section 2.01(c)(i), (ii), (iii) or (iv) shall be the Issuing Lender’s right to issue an Acceleration Notice and accelerate the Facility Maturity Date to the applicable date set forth in Section 2.01(c)(i), (ii), (iii) or (iv) and any such failure of the Borrower to deliver an officer’s certificate pursuant to this Section 2.01(c) shall not constitute a Default or an Event of Default.