Common use of Optional Prepayments in Certain Events Clause in Contracts

Optional Prepayments in Certain Events. After the Conversion Date, the Company shall have the right, at its option, within ninety (90) days following the event under clause (i) or (H) below authorizing the exercise of such option, or at any time during the continuation of an event under clause (iii) or (iv) below authorizing the exercise of such option, to give written notice to the Issuer and the Trustee of its exercise of such option and to prepay, or cause to be prepaid, all the amounts payable pursuant to Section 4.1 and such other amounts as specified in this Section 4.3(d) within ninety (90) days following the giving of notice of such exercise, if any of the following shall have occurred: (i) all or a substantial part of the Facilities shall have been damaged or destroyed (A) to such extent that the Company deems it not practicable or desirable to restore such damaged or destroyed property within a period of three (3) consecutive months to the condition thereof immediately preceding such damage or destruction, or (B) to such extent that the Company is thereby reasonably expected to be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months; (ii) title to, or the temporary use of, all or a substantial part of the Facilities shall have been taken, or condemned under the exercise of the power of eminent domain, by any governmental authority, person, firm or corporation acting under governmental authority (including such a taking or takings as result in the Company's being reasonably expected to be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months) (iii) changes in costs or economic availability of energy, labor, raw materials, operating supplies, including fuel, power, or facilities necessary for the operation of all or a substantial part of the Facilities shall have occurred, or such technological or other changes shall have occurred, which in the Company's reasonable judgment render continued operation of all or a substantial part of the Facilities impracticable or uneconomic for their purpose; or (iv) any court or administrative body shall enter a judgment, order or decree, or shall take administrative action, requiring the Company to cease all or any substantial part of its operations at the Facilities to such extent that the Company is or will be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months. For purposes of this Section 4.3(d), the term "substantial part" when used with reference to the Facilities shall mean any part of the Facilities as to which the total acquisition, restoration and equipping cost amounted to (i) at least twenty-five per centum (25%) of the aggregate principal amount of Bonds issued pursuant to the Indenture, or (ii) an amount equal to the aggregate principal amount of Bonds then outstanding, whichever is less. The amount payable by the Company in the; event it is required to prepay the ban pursuant to subsection (a) of Section 4.3 or it exercises the option granted to it in subsection (d) of this Section 4.3 shall be a sum which, when added to the moneys and investments held for the credit of the Bond Fund and all other funds and accounts then held by the Trustee in respect of the Bonds and available for the purpose, will be sufficient pursuant to the provisions of Article X of the Indenture to pay and discharge all the then outstanding Bonds on the first possible date for redemption, plus an amount of money payable to the Trustee equal to the Trustee's and Paying Agent's fees, charges and expenses under the Indenture accrued and to accrue until such final payment and redemption of the Bonds. The amount payable by the Company in the event it exercises the option granted to it pursuant to subsection (b) of this Section 4.3 shall be sufficient pursuant to Section 301(a) or Section 301(c) of the Indenture to pay the applicable redemption price of the Bonds to be redeemed.

Optional Prepayments in Certain Events. After the Conversion Date, the Company shall have the right, at its option, within ninety (90) days following the event under clause (i) or (Hii) below authorizing the exercise of such option, or at any time during the continuation of an event under clause (iii) or (iv) below authorizing the exercise of such option, to give written notice to the Issuer and the Trustee of its exercise of such option and to prepay, or cause to be prepaid, all the amounts payable pursuant to Section 4.1 and such other amounts as specified in this Section 4.3(d) within ninety (90) days following the giving of notice of such exercise, if any of the following shall have occurred: (i) all or a substantial part of the Facilities shall have been damaged or destroyed (A) to such extent that the Company deems it not practicable or desirable to restore such damaged or destroyed property within a period of three (3) consecutive months to the condition thereof immediately preceding such damage or destruction, or (B) to such extent that the Company is thereby reasonably expected to be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months; (ii) title to, or the temporary use of, all or a substantial part of the Facilities shall have been taken, or condemned under the exercise of the power of eminent domain, by any governmental authority, person, firm or corporation acting under governmental authority (including such a taking or takings as result in the Company's being reasonably expected to be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months); (iii) changes in costs or economic availability of energy, labor, raw materials, operating supplies, including fuel, power, or facilities necessary for the operation of all or a substantial part of the Facilities shall have occurred, or such technological or other changes shall have occurred, which in the Company's reasonable judgment render continued operation of all or a substantial part of the Facilities impracticable or uneconomic for their purpose; or (iv) any court or administrative body shall enter a judgment, order or decree, or shall take administrative action, requiring the Company to cease all or any substantial part of its operations at the Facilities to such extent that the Company is or will be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months. For purposes of this Section 4.3(d), the term "substantial part" when used with reference to the Facilities shall mean any part of the Facilities as to which the total acquisition, restoration and equipping cost amounted to (i) at least twenty-five per centum percentum (25%) of the aggregate principal amount of Bonds issued pursuant to the Indenture, or (ii) an amount equal to the aggregate principal amount of Bonds then outstanding, whichever is less. The amount payable by the Company in the; the event it is required to prepay the ban loan pursuant to subsection (a) of Section 4.3 or it exercises the option granted to it in subsection (d) of this Section 4.3 shall be a sum which, when added to the moneys and investments held for the credit of the Bond Fund and all other funds and accounts then held by the Trustee in respect of the Bonds and available for the purpose, will be sufficient pursuant to the provisions of Article X of the Indenture to pay and discharge all the then outstanding Bonds on the first possible date for redemption, plus an amount of money payable to the Trustee equal to the Trustee's and Paying Agent's fees, charges and expenses under the Indenture accrued and to accrue until such final payment and redemption of the Bonds. The amount payable by the Company in the event it exercises the option granted to it pursuant to subsection (b) of this Section 4.3 shall be sufficient pursuant to Section 301(a301 (a) or Section 301(c301 (c) of the Indenture to pay the applicable redemption price of the Bonds to be redeemed.

Optional Prepayments in Certain Events. After the Conversion Date, the Company shall have the right, at its option, within ninety (90) days following the event under clause (i) or (Hii) below authorizing the exercise of such option, or of at any time during the continuation of an event under clause (iii) or (iv) below authorizing the exercise of such option, to give written notice to the Issuer and the Trustee of its exercise of such option and to prepay, or cause to be prepaid, all the amounts payable pursuant to Section 4.1 and such other amounts as specified in this Section 4.3(d) within ninety (90) days following the giving of notice of such exercise, if any of the following shall have occurred: (i) all or a substantial part of the Facilities shall have been damaged or destroyed (A) to such extent that the Company deems it not practicable or desirable to restore such damaged or destroyed property within a period of three (3) consecutive months to the condition thereof immediately preceding such damage or destruction, or (B) to such extent that the Company is thereby reasonably expected to be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months; (ii) title to, or the temporary use of, all or a substantial part of the Facilities shall have been taken, or condemned under the exercise of the power of eminent domain, by any governmental authority, person, firm or corporation acting under governmental authority (including such a taking or takings as result in the Company's being reasonably expected to be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months); (iii) changes in costs or economic availability of energy, labor, raw materials, operating supplies, including fuel, power, or facilities necessary for the operation of all or a substantial part of the Facilities shall have occurred, or such technological or other changes shall have occurred, which in the Company's reasonable judgment render continued operation of all or a substantial part of the Facilities impracticable or uneconomic for their purpose; or (iv) any court or administrative body shall enter a judgment, order or decree, or shall take administrative action, requiring the Company to cease all or any substantial part of its operations at the Facilities to such extent that the Company is or will be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months. For purposes of this Section 4.3(d), the term "substantial part" when used with reference to the Facilities shall mean any part of the Facilities as to which the total acquisition, restoration and equipping cost amounted to (i) at least twenty-five per centum percentum (25%) of the aggregate principal amount of Bonds issued pursuant to the Indenture, or (ii) an amount equal to the aggregate principal amount of Bonds then outstanding, whichever is less. The amount payable by the Company in the; the event it is required to prepay the ban loan pursuant to subsection (a) of Section 4.3 or it exercises the option granted to it in subsection (d) of this Section 4.3 shall be a sum which, when added to the moneys and investments held for the credit of the Bond Fund and all other funds and accounts then held by the Trustee in respect of the Bonds and available for the purpose, will be sufficient pursuant to the provisions of Article X of the Indenture to pay and discharge all the then outstanding Bonds on the first possible date for redemption, plus an amount of money payable to the Trustee equal to the Trustee's and Paying Agent's fees, charges and expenses under the Indenture accrued and to accrue until such final payment and redemption of the Bonds. The amount payable by the Company in the event it exercises the option granted to it pursuant to subsection (b) of this Section 4.3 shall be sufficient pursuant to Section 301(a301 (a) or Section 301(c301 (c) of the Indenture to pay the applicable redemption price of the Bonds to be redeemed.

Optional Prepayments in Certain Events. After the Conversion Date, the Company shall have the right, at its option, within ninety (90) days following the event under clause (i) or (Hii) below authorizing the exercise of such option, or at any time during the continuation of an event under clause (iii) or (iv) below authorizing the exercise of such option, to give written notice to the Issuer and the Trustee of its exercise of such option and to prepay, or cause to be prepaid, all the amounts payable pursuant to Section 4.1 hereof in respect of the Project Bonds and such other amounts as specified in this Section 4.3(d) within ninety (90) days following the giving of notice of such exercise, if any of the following shall have occurred: (i) all or a substantial part of the Facilities shall have been damaged or destroyed (A) to such extent that the Company deems it not practicable or desirable to restore such damaged or destroyed property within a period of three (3) consecutive months to the condition thereof immediately preceding such damage or destruction, or (B) to such extent that the Company is thereby reasonably expected to be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months; (ii) title to, or the temporary use of, all or a substantial part of the Facilities shall have been taken, or condemned under the exercise of the power of eminent domain, by any governmental authority, person, firm or corporation acting under governmental authority (including such a taking or takings as result in the Company's being reasonably expected to be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months), (iii) changes in costs or economic availability of energy, labor, raw materials, operating supplies, including fuel, power, or facilities necessary for the operation of all or a substantial part of the Facilities shall have occurred, or such technological or other changes shall have occurred, which Which in the Company's reasonable judgment render continued operation of all or a substantial part of the Facilities impracticable or uneconomic for their purpose; or (iv) any court or administrative body shall enter a judgment, judgments order or decree, or shall take administrative action, requiring the Company to cease all or any substantial part of its operations at the Facilities to such extent that the Company is or will be prevented from carrying on its normal operations at the Facilities for a period of three (3) consecutive months. For purposes of this Section 4.3(d), the term "substantial part" when used with reference to the Facilities shall mean any part of the Facilities as to which the total acquisition, restoration and equipping cost amounted to (i) at least twenty-five per centum percent (25%) of the aggregate principal amount of Project Bonds originally issued pursuant to the Indenture, Indenture or (ii) an amount equal to the aggregate principal amount of Project Bonds then outstanding, whichever is less. The amount payable by the Company in the; the event it is required to prepay the ban loan pursuant to subsection (a) of this Section 4.3 or it exercises the option granted to it in this subsection (d) of this Section 4.3 shall be a sum which, when added to the moneys and investments held for to the credit of the Bond Fund and all other funds and accounts then held by the Trustee in respect of the Project Bonds and available for the purpose, will be sufficient pursuant to the provisions of Article X VII of the Indenture to pay and discharge all the then outstanding Project Bonds on the first possible date for redemption, redemption plus an amount of money payable to the Trustee equal to the Trustee's and Paying Agent's paying agents' fees, charges and expenses under the Indenture accrued and to accrue until such final payment and redemption of the Project Bonds. The amount payable by the Company in the event it exercises the option granted to it pursuant to subsection (b) of this Section 4.3 shall be sufficient pursuant to Section 301(a) or Section 301(c) of the Indenture to pay the applicable redemption price of the Bonds to be redeemed.