Common use of Means of Making Information Public Clause in Contracts

Means of Making Information Public. (1) Information shall be deemed to be made public by the Participant or the Disclosure Agent under this Agreement if it is transmitted as provided in subsection (D)(2) of this Section 2 by the following means: (a) to the Holders of Bonds of outstanding Corporation Bonds, by the method prescribed by the Indenture; (b) to the MSRB, by (i) electronic facsimile transmissions confirmed by first class mail, postage prepaid, or (ii) first class mail, postage prepaid; provided that the Participant or the Disclosure Agent is authorized to transmit information to a MSRB by whatever means are mutually acceptable to the Disclosure Agent or the Participant, as applicable, and the MSRB; and/or (c) to the SEC, by (i) electronic facsimile transmissions confirmed by first class mail, postage prepaid, or (ii) first class mail, postage prepaid; provided that the Participant or the Disclosure Agent is authorized to transmit information to a SEC by whatever means are mutually acceptable to the Disclosure Agent or the Participant, as applicable, and the SEC. (2) Information shall be transmitted to the following: (a) all Annual Financial Information and Operating Data shall be made available to the MSRB; (b) notice of all Material Event occurrences and all notices of the failure to provide Annual Financial Information or Operating Data within the time specified in Section 2(B)(1) hereof shall be made available to the MSRB; and (c) all information described in clauses (a) and (b) shall be made available to any Holder of Bonds upon request, but need not be transmitted to the Holders of Bonds who do not so request. (d) to the extent any Annual Financial Information or Operating Data is included in a document filed with the MSRB or the SEC, the Participant shall have been deemed to have provided that information if a statement specifically referencing the filed document is filed with the MSRB as part of the Participant’s obligation to file Annual Financial Information and Operating Data pursuant to this Agreement. Additionally, if the referenced document is a final official statement (as that term is defined in Rule 15c2-12(f)(3)), it must be available from the MSRB. With respect to requests for periodic or occurrence information from Holders of Bonds, the Disclosure Agent may require payment by requesting of holders a reasonable charge for duplication and transmission of the information and for the Disclosure Agent’s administrative expenses incurred in providing the information. Nothing in this Agreement shall be construed to require the Disclosure Agent to interpret or provide an opinion concerning the information made public. If the Disclosure Agent receives a request for an interpretation or opinion, the Disclosure Agent may refer such request to the Participant for response.

Means of Making Information Public. (1) Information shall be deemed to be made public by the Participant Borrower or the Disclosure Dissemination Agent under this Agreement Section if it is transmitted to one or more of the following as provided in subsection (D)(2) of this Section 2 by the following means2: (a) to the Holders of Bonds Bondholders of outstanding Corporation Bonds, by the method prescribed by the Bond Indenture; (b) to the MSRB, in an electronic format as prescribed by (i) electronic facsimile transmissions confirmed the MSRB, accompanied by first class mail, postage prepaid, or (ii) first class mail, postage prepaid; provided that the Participant or the Disclosure Agent is authorized to transmit identifying information to a MSRB as prescribed by whatever means are mutually acceptable to the Disclosure Agent or the Participant, as applicable, and the MSRB; and/or; (c) to the SEC, by (i) electronic facsimile transmissions confirmed by first class mail, postage prepaid, or (ii) first class mail, postage prepaid; provided that the Participant Borrower or the Disclosure Dissemination Agent is authorized to transmit information to a SEC by whatever means are mutually acceptable to the Disclosure Agent or Dissemination Agent, the Participant, as applicableBorrower and the Board, and the SEC. (2) Information shall be transmitted to the following: (a) all Annual Financial Information and Operating Data shall be made available transmitted to the MSRB; (b) notice of all Material Event occurrences Events, and all notices notice of a failure by the failure Borrower to provide Annual Financial Information on or Operating Data within before the time date specified in Section 2(B)(1) hereof hereof, shall be made available transmitted to the MSRB; and; (c) all information described in clauses clause (a) and (b) shall be made available to any Holder of Bonds Bondholder upon request, but need not be transmitted to the Holders of Bonds Bondholders who do not so request.; and (d) to the extent the Borrower is obligated to file any Annual Financial Information or Operating Data is included in a document filed with the MSRB or the SEC, the Participant shall have been deemed to have provided that information if a statement specifically referencing the filed document is filed with the MSRB as part of the Participant’s obligation to file Annual Financial Information and Operating Data pursuant to this Agreement. Additionally, if such Annual Financial Information or Operating Data may be set forth in the referenced document is a final official statement (as that term is defined in Rule 15c2-12(f)(3)), it must be available from or set of documents transmitted to the MSRB, or may be included by specific reference to documents available to the public on the MSRB’s Internet Website or filed with the SEC. Nothing in this subsection shall be construed to relieve the Dissemination Agent, as Trustee, of its obligation to provide notices to the holders of all Bonds if such notice is required by the Bond Indenture. With respect to requests for periodic or occurrence information from Holders of BondsBondholders, the Disclosure Dissemination Agent may require payment by requesting of holders a reasonable charge for duplication and transmission of the information and for the Disclosure Dissemination Agent’s administrative expenses incurred in providing the information. Nothing in this Agreement shall be construed to require the Disclosure Dissemination Agent to interpret or provide an opinion concerning the information made public. If the Disclosure Dissemination Agent receives a request for an interpretation or opinion, the Disclosure Dissemination Agent may refer such request to the Participant Borrower for response.

Means of Making Information Public. (1) Information shall be deemed to be made public by the Participant or the Disclosure Agent under this Agreement if it is transmitted as provided in subsection (D)(2) of this Section 2 by the following means: (a) prescribed by the Indenture; to the Holders of Bonds of outstanding Corporation Bonds, by the method prescribed by the Indenture;method (b) to the MSRB, by (i) electronic facsimile transmissions confirmed by first class mail, postage prepaid, or (ii) first class mail, postage prepaid; provided that the Participant or the Disclosure Agent is authorized to transmit information to a MSRB by whatever means are mutually acceptable to the Disclosure Agent or the Participant, as applicable, and the MSRBtheMSRB; and/or (c) to the SEC, by (i) electronic facsimile transmissions confirmed by first class mail, postage prepaid, or (ii) first class mail, postage prepaid; provided that the Participant or the Disclosure Agent is authorized to transmit information to a SEC by whatever means are mutually acceptable to the Disclosure Agent or the Participant, as applicable, and the SEC. (2) Information shall be transmitted to the following: (a) all Annual Financial Information and Operating Data shall be made available to the MSRBtheMSRB; (b) notice of all Material Event occurrences and all notices of the failure to provide Annual Financial Information or Operating Data within the time specified in Section 2(B)(12(B)(l) hereof shall be made available to the MSRBtheMSRB; and (c) all information described in clauses (a) and (b) shall be made available to any Holder of Bonds upon request, but need not be transmitted to the Holders of Bonds who do not so request. (d) to the extent any Annual Financial Information or Operating Data is included in a document filed with the MSRB or the SEC, the Participant shall have been deemed to have provided that information if a statement specifically referencing the filed document is filed with the MSRB as part of the Participant’s 's obligation to file Annual Financial Information and Operating Data pursuant to this Agreement. Additionally, if the referenced document is a final official statement (as that term is defined in Rule 15c2-12(f)(3)), it must be available from the MSRBtheMSRB. With respect to requests for periodic or occurrence information from Holders of Bonds, the Disclosure Agent may require payment by requesting of holders a reasonable charge for duplication and transmission of the information and for the Disclosure Agent’s 's administrative expenses incurred in providing the information. Nothing in this Agreement shall be construed to require the Disclosure Agent to interpret or provide an opinion concerning the information made public. If the Disclosure Agent receives a request for an interpretation or opinion, the Disclosure Agent may refer such request to the Participant for response.