Common use of Payment of Interest and Principal Clause in Contracts

Payment of Interest and Principal. The Person in whose name any Note is registered at the close of business on any Record Date with respect to the immediately succeeding Installment Payment Date or Interest Payment Date of such Note shall be entitled to receive the Installment Payment Amount, if any, or interest payable on such Installment Payment Date or Interest Payment Date notwithstanding any registration of transfer or exchange of such Note subsequent to such Record Date and on or prior to such Installment Payment Date or Interest Payment Date, except if and to the extent the Lessor shall default in the payment of such Installment Payment Amount or the interest due on such Installment Payment Date or Interest Payment Date, in which case such defaulted installment ("Defaulted Installment") or defaulted interest (the "Defaulted Interest") shall be paid to the Persons in whose names Outstanding Notes of the applicable series are registered at the close of business on a subsequent Record Date (which shall be not less than 10 Business Days prior to the date for payment of such Defaulted Installment or Defaulted Interest) established by notice given by mail by the Indenture Trustee to the Noteholders of such series not less than 15 days preceding such subsequent Record Date after receipt of an amount of money at least equal to the aggregate amount proposed to be paid in respect of such Defaulted Installment or Defaulted Interest or arrangements satisfactory to the Indenture Trustee have been made for such payment. The term "Record Date" as used with respect to any Installment Payment Date or Interest Payment Date (except a date for payment of Defaulted Installment or Defaulted Interest) or any redemption pursuant to Section 6.1(a)(iii) shall mean the date specified as such in the Supplemental Indenture providing for the creation of such series. Except as may be provided otherwise in any Supplemental Indenture or Note, any Defaulted Installment, Defaulted Interest or any other amounts payable under this Indenture or the Notes not paid in full when due (whether at Stated Maturity, by acceleration or otherwise) shall, for the period from and including the date such amount was due and payable until such amount shall have been paid in full, accrue interest at the applicable Late Rate. Unless otherwise provided with respect to a particular series of Notes, interest on the Notes shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. Subject to Article 6 hereof, the principal of any series of Notes may be payable either in full at Stated Maturity or in installments on such dates and in such amounts as provided in the Supplemental Indenture relating to such series. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series of Notes, principal of and Premium, if any, on the Notes payable at Stated Maturity shall be payable to the Noteholders of such Notes upon presentation and surrender of such Notes at the office or agency for the payment of Notes maintained for such purpose pursuant to Section 5.3. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series of Notes, interest or installments of principal other than installments due at maturity on the Notes shall be paid on the applicable Installment Payment Date or Interest Payment Date by check drawn upon the Paying Agent and mailed to the registered addresses of the Noteholders as they shall appear on the Note Register as of the Record Date preceding such Interest Payment Date or Installment Payment Date. Payment as aforesaid shall be made in such coin or currency of the United States of America as, at the respective times of payment, shall be legal tender for the payment of public and private debts. Notwithstanding the foregoing provisions of this Section 2.8, the Lessor may make, or cause to be made, payment of any Defaulted Installment or Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes in respect of which installments of principal or interest is in default may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Lessor to the Indenture Trustee of the proposed payment pursuant to this paragraph, such manner of payment shall be deemed practicable by the Indenture Trustee. Subject to the foregoing provisions of this Section 2.8, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in replacement of any other Note shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other Note, and each such Note shall bear interest from whatever date shall be necessary so that neither gain nor loss in interest shall result from such registration of transfer, exchange or replacement. For all purposes hereof, each payment of principal and interest or Premium or other amounts due in respect of each Note shall, except as otherwise expressly provided herein, be applied first, to the payment of any amount (other than the principal of or Premium or interest on such Note) due in respect of such Note; second, to the payment of Premium, if any, and interest on such Note (as well as interest on overdue principal and, to the extent permitted by Applicable Law, interest and other amounts payable thereunder) due thereunder; third, to the payment of the principal of such Note then due; and fourth, the balance, if any, remaining thereafter, to the payment of the principal of such Note remaining unpaid (provided that such Note shall not be subject to prepayment or purchase without the consent of the affected Noteholder except as expressly permitted in this Indenture). The amounts paid pursuant to clause fourth above shall be applied to the installments of principal of such Note in inverse order of maturity.

Payment of Interest and Principal. The Person in whose name any Note is registered at Interest shall accrue on the close of business on any Record Date with respect to Principal Balance from and after the immediately succeeding Installment Payment Date or Interest Payment Date of such Note date hereof. All interest payable hereunder shall be entitled to receive the Installment Payment Amount, if any, or interest payable on such Installment Payment Date or Interest Payment Date notwithstanding any registration of transfer or exchange of such Note subsequent to such Record Date and on or prior to such Installment Payment Date or Interest Payment Date, except if and to the extent the Lessor shall default in the payment of such Installment Payment Amount or the interest due on such Installment Payment Date or Interest Payment Date, in which case such defaulted installment ("Defaulted Installment") or defaulted interest (the "Defaulted Interest") shall be paid to the Persons in whose names Outstanding Notes of the applicable series are registered at the close of business on a subsequent Record Date (which shall be not less than 10 Business Days prior to the date for payment of such Defaulted Installment or Defaulted Interest) established by notice given by mail by the Indenture Trustee to the Noteholders of such series not less than 15 days preceding such subsequent Record Date after receipt of an amount of money at least equal to the aggregate amount proposed to be paid in respect of such Defaulted Installment or Defaulted Interest or arrangements satisfactory to the Indenture Trustee have been made for such payment. The term "Record Date" as used with respect to any Installment Payment Date or Interest Payment Date (except a date for payment of Defaulted Installment or Defaulted Interest) or any redemption pursuant to Section 6.1(a)(iii) shall mean the date specified as such in the Supplemental Indenture providing for the creation of such series. Except as may be provided otherwise in any Supplemental Indenture or Note, any Defaulted Installment, Defaulted Interest or any other amounts payable under this Indenture or the Notes not paid in full when due (whether at Stated Maturity, by acceleration or otherwise) shall, for the period from and including the date such amount was due and payable until such amount shall have been paid in full, accrue interest at the applicable Late Rate. Unless otherwise provided with respect to a particular series of Notes, interest on the Notes shall be calculated computed on the basis of a 360-360 day year consisting year, but shall be charged for the actual number of twelve 30-days principal is unpaid. Interest accruing in accordance herewith shall be payable, in arrears, on the first Business Day of each calendar month, commencing with the first Business Day of the next calendar month following the calendar month in which the initial advance is made to Borrower, and continuing on the first Business Day of each and every calendar month thereafter until the Principal Balance (as advanced and readvanced) and all accrued interest thereon are paid in full. Agent shall provide a monthly notice to Borrower setting forth the amount of interest due and the due date thereof, which notice shall be mailed on or prior to the tenth (10th) day monthspreceding the first day of each month; provided, however, that Borrower shall be obligated to pay interest on the Loan (and any Swing Loan) when due regardless of the date Borrower receives such notice. Subject to Article 6 hereofAll unpaid, the principal of any series of Notes may accrued interest shall be payable either paid in full at Stated Maturity or in installments on such dates and in such amounts as provided the Termination Date. In the event that the interest and/or charges in the Supplemental Indenture relating to such series. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series nature of Notes, principal of and Premiuminterest, if any, on the Notes payable at Stated Maturity provided for by this Agreement or by any other Loan Document, shall be payable contravene a legal or statutory limitation applicable to the Noteholders of such Notes upon presentation and surrender of such Notes at the office Loan (or agency for the payment of Notes maintained for such purpose pursuant to Section 5.3. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series of Notes, interest or installments of principal other than installments due at maturity on the Notes shall be paid on the applicable Installment Payment Date or Interest Payment Date by check drawn upon the Paying Agent and mailed to the registered addresses of the Noteholders as they shall appear on the Note Register as of the Record Date preceding such Interest Payment Date or Installment Payment Date. Payment as aforesaid shall be made in such coin or currency of the United States of America as, at the respective times of payment, shall be legal tender for the payment of public and private debts. Notwithstanding the foregoing provisions of this Section 2.8, the Lessor may make, or cause to be made, payment of any Defaulted Installment or Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes in respect of which installments of principal or interest is in default may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Lessor to the Indenture Trustee of the proposed payment pursuant to this paragraph, such manner of payment shall be deemed practicable by the Indenture Trustee. Subject to the foregoing provisions of this Section 2.8, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in replacement of any other Note shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other Note, and each such Note shall bear interest from whatever date shall be necessary so that neither gain nor loss in interest shall result from such registration of transfer, exchange or replacement. For all purposes hereof, each payment of principal and interest or Premium or other amounts due in respect of each Note shall, except as otherwise expressly provided herein, be applied first, to the payment of any amount (other than the principal of or Premium or interest on such Note) due in respect of such Note; second, to the payment of PremiumSwing Loan), if any, Borrower shall pay only such amounts as would legally be permitted; provided, however, that if the defense of usury and interest on such Note (as well as interest on overdue principal andall similar defenses are unavailable to Borrower, to the extent permitted by Applicable LawBorrower shall pay all amounts provided for herein. If, interest and other for any reason, amounts payable thereunder) due thereunder; third, to the payment in excess of the principal of such Note then due; and fourth, the balance, if any, remaining thereafter, to the payment of the principal of such Note remaining unpaid (provided that such Note shall not be subject to prepayment or purchase without the consent of the affected Noteholder except as expressly amounts permitted in this Indenture). The the foregoing sentence shall have been paid, received, collected or applied hereunder, whether by reason of acceleration or otherwise, then, and in that event, any such excess amounts paid pursuant to clause fourth above shall be applied to principal, unless principal has been fully paid, in which event such excess amount shall be refunded to Borrower. The parties understand that the installments applicable interest rate for this indebtedness shall be determined and/or adjusted from time-to-time based upon certain financial ratios and/or other information to be provided or certified to Agent by Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of principal a subsequent restatement of earnings by Borrower) at the time it was delivered to Agent, and if the applicable interest rate calculated for any period was lower than it should have been had the correct information been timely provided, then, such interest rate for such period shall be automatically recalculated using the correct Borrower Information. Agent shall promptly notify Borrower in writing of any additional interest due because of such Note recalculation, and Borrower shall pay to the Agent, for the account of each Lender as applicable, such additional interest within five (5) business days of receipt of such written notice. Any recalculation of interest required by this provision shall survive termination of this agreement and this provision shall not in inverse order any way limit any of maturityAgent’s or any Lender’s other rights and remedies under this Agreement.

Payment of Interest and Principal. The Person in whose name any Note is registered at the close of business on any Record Date with respect to the immediately succeeding Installment Payment Date or Interest Payment Date of such payable under this Note shall be entitled to receive the Installment Payment Amount, if any, or interest payable on such Installment Payment Date or Interest Payment Date notwithstanding any registration of transfer or exchange of such Note subsequent to such Record Date and on or prior to such Installment Payment Date or Interest Payment Date, except if and to the extent the Lessor shall default in the payment of such Installment Payment Amount or the interest due on such Installment Payment Date or Interest Payment Date, in which case such defaulted installment ("Defaulted Installment") or defaulted interest (the "Defaulted Interest") shall be paid to the Persons in whose names Outstanding Notes of the applicable series are registered at the close of business on a subsequent Record Date (which shall be not less than 10 Business Days prior to the date for payment of such Defaulted Installment or Defaulted Interest) established by notice given by mail by the Indenture Trustee to the Noteholders of such series not less than 15 days preceding such subsequent Record Date after receipt of an amount of money at least equal to the aggregate amount proposed interest accruing from time to be time at the Interest Rate (or if and when applicable hereunder, the Default Rate) on the principal balance from time to time outstanding under this Note from and after the date of this Note until paid in respect of such Defaulted Installment or Defaulted full. Interest or arrangements satisfactory to the Indenture Trustee have been made for such payment. The term "Record Date" as used with respect to any Installment Payment Date or Interest Payment Date (except a date for payment of Defaulted Installment or Defaulted Interest) or any redemption pursuant to Section 6.1(a)(iii) shall mean the date specified as such in the Supplemental Indenture providing for the creation of such series. Except as may be provided otherwise in any Supplemental Indenture or Note, any Defaulted Installment, Defaulted Interest or any other amounts payable under this Indenture or the Notes not paid in full when due (whether at Stated Maturity, by acceleration or otherwise) shall, closing for the period from and including the date of this Note up to the first (1st) day of the first (1st) calendar month following the Closing Date. Commencing on the first (1st) day of the second (2nd) calendar month following the Closing Date, and on the first (1st) day of each calendar month thereafter through the initial Maturity Date, FLE Borrower shall pay to Lender a monthly payment of principal and interest in an amount equal to Two Hundred Forty One Thousand Fifty Five and 56/100 Dollars ($241,055.56). Such monthly payment shall be applied first to any accrued and unpaid interest and thereafter to principal. In the event that the initial Maturity Date is extended for one or more Extension Periods as provided in Section 3 below, the amount of the monthly payment shall be adjusted as determined by Lender to reflect any increase in the applicable Interest Rate and FLE Borrower shall pay the amount of such amount was adjusted monthly payments. Following the Maturity Date, or Extended Maturity Date, as applicable, or otherwise as provided in Section 13 hereof, interest shall accrue under this Note at the Default Rate. If not sooner paid, the balance of the principal and all accrued and unpaid interest shall be all due and payable until such amount shall have been paid in full, accrue interest at the applicable Late Rate. Unless otherwise provided with respect to a particular series of Notes, interest on the Notes Maturity Date, or, if earlier, upon any earlier of the date of acceleration of the indebtedness evidenced by this Note (“Loan”) pursuant to the terms of this Note or each of the Riverside Deed of Trust and Woodland Deed of Trust (as each is defined below). FLE Borrower acknowledges that, since the term of the Loan is shorter than the amortization period, a substantial portion of the principal balance will be due on the Maturity Date or the Extended Maturity Date, as applicable, or if earlier, upon any earlier of the date of acceleration of the Loan pursuant to the terms of this Note or each respective Deed of Trust. Interest accrued hereunder shall be payable on demand and shall be calculated on the basis of the actual number of days elapsed on a three hundred sixty (360-) day year, which results in higher interest than if a three hundred sixty five (365) day year consisting of twelve 30-day months. Subject to Article 6 hereof, the principal of any series of Notes may be payable either in full at Stated Maturity or in installments on such dates and in such amounts as provided in the Supplemental Indenture relating to such series. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series of Notes, principal of and Premium, if any, on the Notes payable at Stated Maturity shall be payable to the Noteholders of such Notes upon presentation and surrender of such Notes at the office or agency for the payment of Notes maintained for such purpose pursuant to Section 5.3. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series of Notes, interest or installments of principal other than installments due at maturity on the Notes shall be paid on the applicable Installment Payment Date or Interest Payment Date by check drawn upon the Paying Agent and mailed to the registered addresses of the Noteholders as they shall appear on the Note Register as of the Record Date preceding such Interest Payment Date or Installment Payment Date. Payment as aforesaid shall be made in such coin or currency of the United States of America as, at the respective times of payment, shall be legal tender for the payment of public and private debts. Notwithstanding the foregoing provisions of this Section 2.8, the Lessor may make, or cause to be made, payment of any Defaulted Installment or Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes in respect of which installments of principal or interest is in default may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Lessor to the Indenture Trustee of the proposed payment pursuant to this paragraph, such manner of payment shall be deemed practicable by the Indenture Trustee. Subject to the foregoing provisions of this Section 2.8, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in replacement of any other Note shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other Note, and each such Note shall bear interest from whatever date shall be necessary so that neither gain nor loss in interest shall result from such registration of transfer, exchange or replacement. For all purposes hereof, each payment of principal and interest or Premium or other amounts due in respect of each Note shall, except as otherwise expressly provided herein, be applied first, to the payment of any amount (other than the principal of or Premium or interest on such Note) due in respect of such Note; second, to the payment of Premium, if any, and interest on such Note (as well as interest on overdue principal and, to the extent permitted by Applicable Law, interest and other amounts payable thereunder) due thereunder; third, to the payment of the principal of such Note then due; and fourth, the balance, if any, remaining thereafter, to the payment of the principal of such Note remaining unpaid (provided that such Note shall not be subject to prepayment or purchase without the consent of the affected Noteholder except as expressly permitted in this Indenture). The amounts paid pursuant to clause fourth above shall be applied to the installments of principal of such Note in inverse order of maturityused.

Payment of Interest and Principal. The Person in whose name any Note is registered at Interest shall accrue on the close of business on any Record Date with respect to Principal Balance from and after the immediately succeeding Installment Payment Date or Interest Payment Date of such Note date hereof. All interest payable hereunder shall be entitled to receive the Installment Payment Amount, if any, or interest payable on such Installment Payment Date or Interest Payment Date notwithstanding any registration of transfer or exchange of such Note subsequent to such Record Date and on or prior to such Installment Payment Date or Interest Payment Date, except if and to the extent the Lessor shall default in the payment of such Installment Payment Amount or the interest due on such Installment Payment Date or Interest Payment Date, in which case such defaulted installment ("Defaulted Installment") or defaulted interest (the "Defaulted Interest") shall be paid to the Persons in whose names Outstanding Notes of the applicable series are registered at the close of business on a subsequent Record Date (which shall be not less than 10 Business Days prior to the date for payment of such Defaulted Installment or Defaulted Interest) established by notice given by mail by the Indenture Trustee to the Noteholders of such series not less than 15 days preceding such subsequent Record Date after receipt of an amount of money at least equal to the aggregate amount proposed to be paid in respect of such Defaulted Installment or Defaulted Interest or arrangements satisfactory to the Indenture Trustee have been made for such payment. The term "Record Date" as used with respect to any Installment Payment Date or Interest Payment Date (except a date for payment of Defaulted Installment or Defaulted Interest) or any redemption pursuant to Section 6.1(a)(iii) shall mean the date specified as such in the Supplemental Indenture providing for the creation of such series. Except as may be provided otherwise in any Supplemental Indenture or Note, any Defaulted Installment, Defaulted Interest or any other amounts payable under this Indenture or the Notes not paid in full when due (whether at Stated Maturity, by acceleration or otherwise) shall, for the period from and including the date such amount was due and payable until such amount shall have been paid in full, accrue interest at the applicable Late Rate. Unless otherwise provided with respect to a particular series of Notes, interest on the Notes shall be calculated computed on the basis of a 360-360 day year consisting year, but shall be charged for the actual number of twelve 30-days principal is unpaid. Interest accruing in accordance herewith shall be payable, in arrears, on the first Business Day of each calendar month, commencing with the first Business Day of the next calendar month following the calendar month in which the initial advance is made to Borrower, and continuing on the first Business Day of each and every calendar month thereafter until the Principal Balance (as advanced and readvanced) and all accrued interest thereon are paid in full. Agent shall provide a monthly notice to Borrower setting forth the amount of interest due and the due date thereof, which notice shall be mailed on or prior to the tenth (10th) day monthspreceding the first day of each month; provided, however, that Borrower shall be obligated to pay interest on the Loan when due regardless of the date Borrower receives such notice. Subject to Article 6 hereofAll unpaid, the principal of any series of Notes may accrued interest shall be payable either paid in full at Stated Maturity or in installments on such dates and in such amounts as provided the Termination Date. In the event that the interest and/or charges in the Supplemental Indenture relating to such series. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series nature of Notes, principal of and Premiuminterest, if any, on the Notes payable at Stated Maturity provided for by this Agreement or by any other Loan Document, shall be payable contravene a legal or statutory limitation applicable to the Noteholders of such Notes upon presentation and surrender of such Notes at the office or agency for the payment of Notes maintained for such purpose pursuant to Section 5.3. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series of Notes, interest or installments of principal other than installments due at maturity on the Notes shall be paid on the applicable Installment Payment Date or Interest Payment Date by check drawn upon the Paying Agent and mailed to the registered addresses of the Noteholders as they shall appear on the Note Register as of the Record Date preceding such Interest Payment Date or Installment Payment Date. Payment as aforesaid shall be made in such coin or currency of the United States of America as, at the respective times of payment, shall be legal tender for the payment of public and private debts. Notwithstanding the foregoing provisions of this Section 2.8, the Lessor may make, or cause to be made, payment of any Defaulted Installment or Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes in respect of which installments of principal or interest is in default may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Lessor to the Indenture Trustee of the proposed payment pursuant to this paragraph, such manner of payment shall be deemed practicable by the Indenture Trustee. Subject to the foregoing provisions of this Section 2.8, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in replacement of any other Note shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other Note, and each such Note shall bear interest from whatever date shall be necessary so that neither gain nor loss in interest shall result from such registration of transfer, exchange or replacement. For all purposes hereof, each payment of principal and interest or Premium or other amounts due in respect of each Note shall, except as otherwise expressly provided herein, be applied first, to the payment of any amount (other than the principal of or Premium or interest on such Note) due in respect of such Note; second, to the payment of PremiumLoan, if any, Borrower shall pay only such amounts as would legally be permitted; provided, however, that if the defense of usury and interest on such Note (as well as interest on overdue principal andall similar defenses are unavailable to Borrower, to the extent permitted by Applicable LawBorrower shall pay all amounts provided for herein. If, interest and other for any reason, amounts payable thereunder) due thereunder; third, to the payment in excess of the principal of such Note then due; and fourth, the balance, if any, remaining thereafter, to the payment of the principal of such Note remaining unpaid (provided that such Note shall not be subject to prepayment or purchase without the consent of the affected Noteholder except as expressly amounts permitted in this Indenture). The the foregoing sentence shall have been paid, received, collected or applied hereunder, whether by reason of acceleration or otherwise, then, and in that event, any such excess amounts paid pursuant to clause fourth above shall be applied to principal, unless principal has been fully paid, in which event such excess amount shall be refunded to Borrower. With respect to an Approved Acquisition for which the installments of principal Lenders make an Advance under the Acquisition Sublimit, if all or any portion of such Note Advance remains outstanding under the Acquisition Sublimit for a period of time in inverse order excess of maturityeighteen (18) months, Borrower shall pay to Agent quarterly amortization payments in the amount of $1,000,000.00 (commencing on the first Business Day of the next calendar quarter (i.e., the quarter commencing on January 1st, April 1st, July 1st and October 1st) after such eighteen (18) month period) until no portion of such Advance under the Acquisition Sublimit remains outstanding, whether because Borrower has requested, and Majority Lenders have approved, that such asset no longer be considered an "Approved Acquisition" and be deemed only an "Approved Asset" (in which instance the amount advanced with respect to such asset shall no longer be deemed advanced under the Acquisition Sublimit and shall be deemed advanced as working capital) or the Advance attributable to such Approved Acquisition from the Acquisition Sublimit has been repaid in full (in which instance such Approved Acquisition shall no longer be deemed an Approved Asset). An amount equal to the Advance under the Acquisition Sublimit with respect to any Approved Acquisition shall again be available for readvance under the Acquisition Sublimit when no portion of the Advance for such Approved Acquisition remains outstanding under the Acquisition Sublimit.

Payment of Interest and Principal. Borrower will pay interest on the Term Loan Advance on the first (1st) Business Day of each month, beginning on December 2, 2013. Borrower shall repay the aggregate principal balance of the Term Loan Advance that is outstanding on the day immediately preceding the Amortization Date, in equal monthly installments of principal and interest (mortgage style) beginning on the Amortization Date and continuing on the first (1st) Business Day of each month thereafter until the Secured Obligations (other than inchoate indemnity obligations) are repaid. Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing: (a) the principal payment otherwise due and payable on May 1, 2016 shall be suspended but due and payable in full no later than Mxxxx 0, 0000, (x) the principal payment otherwise due and payable on June 1, 2016 shall be suspended but due and payable in full no later than April 1, 2017, (c) only if the Interest Only Period Extension Event has occurred on or prior to June 30, 2016, the principal payment otherwise due and payable on July 1, 2016 shall be suspended but due and payable in full no later than May 1, 2017, and (d) only if the Interest Only Period Extension Event has occurred on or prior to June 30, 2016, the principal payment otherwise due and payable on August 1, 2016 shall be suspended but due and payable in full no later than June 1, 2017. The Person in whose name any Note is registered at entire principal balance of the close of business on any Record Date Term Loan Advance and all accrued but unpaid interest hereunder, and all other Secured Obligations with respect to the immediately succeeding Installment Payment Date or Interest Payment Date of such Note Term Loan Advance, shall be entitled to receive the Installment Payment Amount, if any, or interest payable on such Installment Payment Date or Interest Payment Date notwithstanding any registration of transfer or exchange of such Note subsequent to such Record Date and on or prior to such Installment Payment Date or Interest Payment Date, except if and to the extent the Lessor shall default in the payment of such Installment Payment Amount or the interest due on such Installment Payment Date or Interest Payment Date, in which case such defaulted installment ("Defaulted Installment") or defaulted interest (the "Defaulted Interest") shall be paid to the Persons in whose names Outstanding Notes of the applicable series are registered at the close of business on a subsequent Record Date (which shall be not less than 10 Business Days prior to the date for payment of such Defaulted Installment or Defaulted Interest) established by notice given by mail by the Indenture Trustee to the Noteholders of such series not less than 15 days preceding such subsequent Record Date after receipt of an amount of money at least equal to the aggregate amount proposed to be paid in respect of such Defaulted Installment or Defaulted Interest or arrangements satisfactory to the Indenture Trustee have been made for such payment. The term "Record Date" as used with respect to any Installment Payment Date or Interest Payment Date (except a date for payment of Defaulted Installment or Defaulted Interest) or any redemption pursuant to Section 6.1(a)(iii) shall mean the date specified as such in the Supplemental Indenture providing for the creation of such series. Except as may be provided otherwise in any Supplemental Indenture or Note, any Defaulted Installment, Defaulted Interest or any other amounts payable under this Indenture or the Notes not paid in full when due (whether at Stated Maturity, by acceleration or otherwise) shall, for the period from and including the date such amount was due and payable until such amount shall have been paid in full, accrue interest at the applicable Late Rate. Unless otherwise provided with respect to a particular series of Notes, interest on the Notes Term Loan Maturity Date. Borrower shall be calculated make all payments under this Agreement without setoff, recoupment or deduction and regardless of any counterclaim or defense. Lender will initiate debit entries to Borrower’s account as authorized on the basis ACH Authorization (i) on each payment date of a 360all periodic obligations payable to Lender under the Term Advance and (ii) out-day year consisting of-pocket legal fees and costs incurred by Agent or Lender in connection with Section 11.11 of twelve 30-day monthsthis Agreement. Subject to Article 6 hereofOnce repaid, the principal of Term Loan Advance or any series of Notes portion thereof may be payable either in full at Stated Maturity or in installments on such dates and in such amounts as provided in the Supplemental Indenture relating to such series. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series of Notes, principal of and Premium, if any, on the Notes payable at Stated Maturity shall be payable to the Noteholders of such Notes upon presentation and surrender of such Notes at the office or agency for the payment of Notes maintained for such purpose pursuant to Section 5.3. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series of Notes, interest or installments of principal other than installments due at maturity on the Notes shall be paid on the applicable Installment Payment Date or Interest Payment Date by check drawn upon the Paying Agent and mailed to the registered addresses of the Noteholders as they shall appear on the Note Register as of the Record Date preceding such Interest Payment Date or Installment Payment Date. Payment as aforesaid shall be made in such coin or currency of the United States of America as, at the respective times of payment, shall be legal tender for the payment of public and private debts. Notwithstanding the foregoing provisions of this Section 2.8, the Lessor may make, or cause to be made, payment of any Defaulted Installment or Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes in respect of which installments of principal or interest is in default may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Lessor to the Indenture Trustee of the proposed payment pursuant to this paragraph, such manner of payment shall be deemed practicable by the Indenture Trustee. Subject to the foregoing provisions of this Section 2.8, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in replacement of any other Note shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other Note, and each such Note shall bear interest from whatever date shall be necessary so that neither gain nor loss in interest shall result from such registration of transfer, exchange or replacement. For all purposes hereof, each payment of principal and interest or Premium or other amounts due in respect of each Note shall, except as otherwise expressly provided herein, be applied first, to the payment of any amount (other than the principal of or Premium or interest on such Note) due in respect of such Note; second, to the payment of Premium, if any, and interest on such Note (as well as interest on overdue principal and, to the extent permitted by Applicable Law, interest and other amounts payable thereunder) due thereunder; third, to the payment of the principal of such Note then due; and fourth, the balance, if any, remaining thereafter, to the payment of the principal of such Note remaining unpaid (provided that such Note shall not be subject to prepayment or purchase without the consent of the affected Noteholder except as expressly permitted in this Indenture). The amounts paid pursuant to clause fourth above shall be applied to the installments of principal of such Note in inverse order of maturityreborrowed.”

Payment of Interest and Principal. The Person (a) If no default by the LLE Servicer has occurred and is continuing under the LLE Servicing Agreement, the LLE Servicer may direct the Indenture Trustee in whose name any Note is registered at writing to withdraw from the close of business Servicer Account on any Record Date Business Day, in each case before depositing (or causing to be deposited) Scheduled Lease Payments and Unscheduled Project Payments received with respect to any Land Lease Asset into the immediately succeeding Installment Payment Date Collection Account pursuant to Section 5.03(b), only those amounts necessary to (i) pay known or Interest Payment Date reasonably anticipated Asset Level Expenses as and when due or (ii) reimburse the LLE Servicer for its payment of such Note shall be entitled to receive the Installment Payment AmountAsset Level Expenses, if any, or interest payable on such Installment Payment Date or Interest Payment Date notwithstanding any registration of transfer or exchange of such Note subsequent including LLE Servicer Advances related to such Record Date and on or prior to such Installment Payment Date or Interest Payment Date, except if and to the extent the Lessor shall default in the payment of such Installment Payment Amount or the interest due on such Installment Payment Date or Interest Payment DateLand Lease Asset, in which each case without duplication. If the amount available to be withdrawn on any Business Day is insufficient to pay or reimburse such defaulted installment ("Defaulted Installment") Asset Level Expenses or defaulted interest (LLE Servicer Advances, the "Defaulted Interest") shall be paid to the Persons in whose names Outstanding Notes of the applicable series are registered at the close of business on a subsequent Record Date (which shall be not less than 10 Business Days prior to the date for payment of such Defaulted Installment or Defaulted Interest) established by notice given by mail by LLE Servicer may direct the Indenture Trustee to the Noteholders of withdraw such series not less than 15 days preceding such shortfall on one or more subsequent Record Date Business Days. The Indenture Trustee shall, promptly after its receipt of any written direction pursuant to this Section 3.07(a), withdraw from the Servicer Account the amount specified in such written direction and pay such amount in accordance with such written direction. If a Servicer Event of Default or an amount Event of money at least equal to Default has occurred and is continuing or a default by the aggregate amount proposed to be paid LLE Servicer under the LLE Servicing Agreement has occurred and is continuing, then, in respect of such Defaulted Installment or Defaulted Interest or arrangements satisfactory each case, the LLE Servicer may deliver to the Indenture Trustee have been made for Trustee, in each case not fewer than two and not more than five Business Days before any Asset Level Expense is scheduled to become due and payable or any Asset Level Expense is eligible to be reimbursed, a notice executed and delivered by an Authorized Officer of the LLE Servicer (i) specifying the date on which such paymentAsset Level Expense will become due and payable or such Asset Level Expense was incurred, (ii) describing the nature of such Asset Level Expense, (iii) identifying the Land Lease Entity to which such Asset Level Expense relates, and (iv) specifying the amount of such Asset Level Expense. The term "Record Date" as used Indenture Trustee shall, promptly after its receipt of any such notice, withdraw from the Servicer Account the amount specified in such notice and pay such amount at the direction of the LLE Servicer. The LLE Servicer may not amend, supplement or otherwise modify the LLE Servicing Agreement without the prior written consent of the Required Bondholders. If the Servicer makes a Servicer Advance pursuant to Section 6.12, the Servicer may direct or instruct the Indenture Trustee to withdraw funds from the Servicer Account with respect to any Installment Payment Date or Interest Payment Date (except a date for payment of Defaulted Installment or Defaulted Interest) or any redemption pursuant to Section 6.1(a)(iii) shall mean the date specified as such Servicer Advance in the Supplemental Indenture providing for the creation of such series. Except as may be provided otherwise in any Supplemental Indenture or Note, any Defaulted Installment, Defaulted Interest or any other amounts payable under this Indenture or the Notes not paid in full when due (whether at Stated Maturity, by acceleration or otherwise) shall, for the period from and including the date such amount was due and payable until such amount shall have been paid in full, accrue interest at the applicable Late Rate. Unless otherwise provided accordance with respect to a particular series of Notes, interest on the Notes shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. Subject to Article 6 hereof, the principal of any series of Notes may be payable either in full at Stated Maturity or in installments on such dates and in such amounts as provided in the Supplemental Indenture relating to such series. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series of Notes, principal of and Premium, if any, on the Notes payable at Stated Maturity shall be payable to the Noteholders of such Notes upon presentation and surrender of such Notes at the office or agency for the payment of Notes maintained for such purpose pursuant to Section 5.3. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series of Notes, interest or installments of principal other than installments due at maturity on the Notes shall be paid on the applicable Installment Payment Date or Interest Payment Date by check drawn upon the Paying Agent and mailed to the registered addresses of the Noteholders as they shall appear on the Note Register as of the Record Date preceding such Interest Payment Date or Installment Payment Date. Payment as aforesaid shall be made in such coin or currency of the United States of America as, at the respective times of payment, shall be legal tender for the payment of public and private debts. Notwithstanding the foregoing provisions of this Section 2.8, the Lessor may make, or cause to be made, payment of any Defaulted Installment or Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes in respect of which installments of principal or interest is in default may be listed, and upon 3.07(a) as if such notice as may be required by such exchange, if, after notice given advance had been made by the Lessor to the Indenture Trustee of the proposed payment pursuant to this paragraph, such manner of payment shall be deemed practicable by the Indenture Trustee. Subject to the foregoing provisions of this Section 2.8, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in replacement of any other Note shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other Note, and each such Note shall bear interest from whatever date shall be necessary so that neither gain nor loss in interest shall result from such registration of transfer, exchange or replacement. For all purposes hereof, each payment of principal and interest or Premium or other amounts due in respect of each Note shall, except as otherwise expressly provided herein, be applied first, to the payment of any amount (other than the principal of or Premium or interest on such Note) due in respect of such Note; second, to the payment of Premium, if any, and interest on such Note (as well as interest on overdue principal and, to the extent permitted by Applicable Law, interest and other amounts payable thereunder) due thereunder; third, to the payment of the principal of such Note then due; and fourth, the balance, if any, remaining thereafter, to the payment of the principal of such Note remaining unpaid (provided that such Note shall not be subject to prepayment or purchase without the consent of the affected Noteholder except as expressly permitted in this Indenture). The amounts paid pursuant to clause fourth above shall be applied to the installments of principal of such Note in inverse order of maturityLLE Servicer.

Payment of Interest and Principal. The Person in whose name any Note is registered at Interest shall accrue on the close of business on any Record Date with respect to Principal Balance from and after the immediately succeeding Installment Payment Date or Interest Payment Date of such Note date hereof. All interest payable hereunder shall be entitled to receive the Installment Payment Amount, if any, or interest payable on such Installment Payment Date or Interest Payment Date notwithstanding any registration of transfer or exchange of such Note subsequent to such Record Date and on or prior to such Installment Payment Date or Interest Payment Date, except if and to the extent the Lessor shall default in the payment of such Installment Payment Amount or the interest due on such Installment Payment Date or Interest Payment Date, in which case such defaulted installment ("Defaulted Installment") or defaulted interest (the "Defaulted Interest") shall be paid to the Persons in whose names Outstanding Notes of the applicable series are registered at the close of business on a subsequent Record Date (which shall be not less than 10 Business Days prior to the date for payment of such Defaulted Installment or Defaulted Interest) established by notice given by mail by the Indenture Trustee to the Noteholders of such series not less than 15 days preceding such subsequent Record Date after receipt of an amount of money at least equal to the aggregate amount proposed to be paid in respect of such Defaulted Installment or Defaulted Interest or arrangements satisfactory to the Indenture Trustee have been made for such payment. The term "Record Date" as used with respect to any Installment Payment Date or Interest Payment Date (except a date for payment of Defaulted Installment or Defaulted Interest) or any redemption pursuant to Section 6.1(a)(iii) shall mean the date specified as such in the Supplemental Indenture providing for the creation of such series. Except as may be provided otherwise in any Supplemental Indenture or Note, any Defaulted Installment, Defaulted Interest or any other amounts payable under this Indenture or the Notes not paid in full when due (whether at Stated Maturity, by acceleration or otherwise) shall, for the period from and including the date such amount was due and payable until such amount shall have been paid in full, accrue interest at the applicable Late Rate. Unless otherwise provided with respect to a particular series of Notes, interest on the Notes shall be calculated computed on the basis of a 360-360 day year consisting year, but shall be charged for the actual number of twelve 30-days principal is unpaid. Interest accruing in accordance herewith shall be payable, in arrears, on the first Business Day of each calendar month, commencing with the first Business Day of the next calendar month following the calendar month in which the initial advance is made to Borrower, and continuing on the first Business Day of each and every calendar month thereafter until the Principal Balance (as advanced and readvanced) and all accrued interest thereon are paid in full. Agent shall provide a monthly notice to Borrower setting forth the amount of interest due and the due date thereof, which notice shall be mailed on or prior to the tenth (10th) day monthspreceding the first day of each month; provided, however, that Borrower shall be obligated to pay interest on the Loan (and any Swing Loan) when due regardless of the date Borrower receives such notice. Subject to Article 6 hereofAll unpaid, the principal of any series of Notes may accrued interest shall be payable either paid in full at Stated Maturity or in installments on such dates and in such amounts as provided the Termination Date. In the event that the interest and/or charges in the Supplemental Indenture relating to such series. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series nature of Notes, principal of and Premiuminterest, if any, on the Notes payable at Stated Maturity provided for by this Agreement or by any other Loan Document, shall be payable contravene a legal or statutory limitation applicable to the Noteholders of such Notes upon presentation and surrender of such Notes at the office Loan (or agency for the payment of Notes maintained for such purpose pursuant to Section 5.3. Except as otherwise provided in the applicable Supplemental Indenture with respect to a series of Notes, interest or installments of principal other than installments due at maturity on the Notes shall be paid on the applicable Installment Payment Date or Interest Payment Date by check drawn upon the Paying Agent and mailed to the registered addresses of the Noteholders as they shall appear on the Note Register as of the Record Date preceding such Interest Payment Date or Installment Payment Date. Payment as aforesaid shall be made in such coin or currency of the United States of America as, at the respective times of payment, shall be legal tender for the payment of public and private debts. Notwithstanding the foregoing provisions of this Section 2.8, the Lessor may make, or cause to be made, payment of any Defaulted Installment or Defaulted Interest in any other lawful manner not inconsistent with the requirements of any securities exchange on which the Notes in respect of which installments of principal or interest is in default may be listed, and upon such notice as may be required by such exchange, if, after notice given by the Lessor to the Indenture Trustee of the proposed payment pursuant to this paragraph, such manner of payment shall be deemed practicable by the Indenture Trustee. Subject to the foregoing provisions of this Section 2.8, each Note delivered under this Indenture upon registration of transfer of or in exchange for or in replacement of any other Note shall carry the rights to interest accrued and unpaid, and to accrue interest, which were carried by such other Note, and each such Note shall bear interest from whatever date shall be necessary so that neither gain nor loss in interest shall result from such registration of transfer, exchange or replacement. For all purposes hereof, each payment of principal and interest or Premium or other amounts due in respect of each Note shall, except as otherwise expressly provided herein, be applied first, to the payment of any amount (other than the principal of or Premium or interest on such Note) due in respect of such Note; second, to the payment of PremiumSwing Loan), if any, Borrower shall pay only such amounts as would legally be permitted; provided, however, that if the defense of usury and interest on such Note (as well as interest on overdue principal andall similar defenses are unavailable to Borrower, to the extent permitted by Applicable LawBorrower shall pay all amounts provided for herein. If, interest and other for any reason, amounts payable thereunder) due thereunder; third, to the payment in excess of the principal of such Note then due; and fourth, the balance, if any, remaining thereafter, to the payment of the principal of such Note remaining unpaid (provided that such Note shall not be subject to prepayment or purchase without the consent of the affected Noteholder except as expressly amounts permitted in this Indenture). The the foregoing sentence shall have been paid, received, collected or applied hereunder, whether by reason of acceleration or otherwise, then, and in that event, any such excess amounts paid pursuant to clause fourth above shall be applied to the installments of principal, unless principal of has been fully paid, in which event such Note in inverse order of maturityexcess amount shall be refunded to Borrower.