Common use of Payment of the Loan Clause in Contracts

Payment of the Loan. Borrower shall repay the Loan pursuant to and in accordance with the terms of this Agreement and the Notes evidencing the Loans. Each Revolving Advance shall be due and payable in full, if not earlier in accordance with this Agreement, on the Maturity Date. All other amounts outstanding under the Loan and all other Obligations under the Loan shall be due and payable in full, if not earlier in accordance with this Agreement, on the Maturity Date. Promptly following receipt of a Request for Revolving Advance in accordance with Section 4.2(a) and all other deliverables described therein, Agent shall advise each Class A Lender of the details thereof and of the amount of such Class A Lender’s Revolving Advance to be made as a part of the requested Revolving Advance. Each Class A Lender shall make each Revolving Advance to be made by it hereunder on the proposed date thereof by wire transfer of immediately available funds by 12:00 noon (New York City time) to the account of Agent most recently designated by it for such purpose by notice to Lenders. Unless Agent shall have received notice from a Class A Lender prior to the proposed date of any Revolving Advance that such Class A Lender will not make available to Agent such Class A Lender’s share of such Revolving Advance, Agent may assume that such Class A Lender has made such share available on such date in accordance with the previous sentence and may, in reliance upon such assumption, make available to Borrower a corresponding amount. In lieu of the foregoing, Agent may, on behalf of any Class A Lender, make, or cause Lender that is an Affiliate of Agent to make, Revolving Advances hereunder upon satisfaction of the provisions of Section 4.2(a). Each Class A Lender shall, upon demand, reimburse Agent (or such Affiliate of Agent) for such Class A Lender’s Pro Rata Share of each such Revolving Advance. In such event, if a Class A Lender has not in fact made its share of the applicable Revolving Advance available to Agent, then the applicable Lender and Borrower severally agree to pay to Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to Borrower to but excluding the date of payment to Agent, at the applicable Revolving Calculated Rate and, until such Lender has paid such amount to Agent, all amounts owed to such Lender hereunder (whether interest, fees, principal or otherwise) shall paid to Agent (or any Affiliate of Agent that has funded such amounts in lieu of such Lender) in such amount as is necessary to repay in full such unfunded amounts owed by such Lender and such Lender shall not be entitled to receive any amounts hereunder until such unfunded amounts have been repaid in full. If such Lender pays such amount to Agent, then such amount shall constitute such Lender’s Pro Rata Share of such Revolving Advance. No Class A Lender shall be obligated to make a Revolving Advance on behalf of another Class A Lender.

Payment of the Loan. Borrower shall repay the Loan pursuant to and in accordance with the terms of this Agreement and the Notes evidencing the Loans. Each Revolving Advance shall be due and payable in full, if not earlier in accordance with this Agreement, on the Maturity Date. All other amounts outstanding under the Loan and all other Obligations under the Loan shall be due and payable in full, if not earlier in accordance with this Agreement, on the Maturity Date. . (e) (d) Promptly following receipt of a Request for Revolving Loan Advance in accordance with Section 4.2(a) and all other deliverables described therein, Agent shall advise each Class A Lender of the details thereof and of the amount of such Class A Lender’s Revolving Advance to be made as a part of the requested Revolving Advance. Each Class A Lender shall make each Revolving Advance to be made by it hereunder on the proposed date thereof by wire transfer of immediately available funds by 12:00 noon (New York City time) to the account of Agent most recently designated by it for such purpose by notice to Lenders. Unless Agent shall have received notice from a Class A Lender prior to the proposed date of any Revolving Advance that such Class A Lender will not make available to Agent such Class A Lender’s share of such Revolving Advance, Agent may assume that such Class A Lender has made such share available on such date in accordance with the previous sentence and may, in reliance upon such assumption, make available to Borrower a corresponding amount. In lieu of the foregoing, Agent may, on behalf of any Class A Lender, make, or cause Lender that is an Affiliate of Agent to make, Revolving Advances hereunder upon satisfaction of the provisions of Section 4.2(a). Each Class A Lender shall, upon demand, reimburse Agent (or such Affiliate of Agent) for such Class A Lender’s Pro Rata Share of each such Revolving Advance. In such event, if a Class A Lender has not in fact made its share of the applicable Revolving Advance available to Agent, then the applicable Lender and Borrower severally agree to pay to Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to Borrower to but excluding the date of payment to Agent, at the applicable Revolving Calculated Rate and, until such Lender has paid such amount to Agent, all amounts owed to such Lender hereunder (whether interest, fees, principal or otherwise) shall paid to Agent (or any Affiliate of Agent that has funded such amounts in lieu of such Lender) in such amount as is necessary to repay in full such unfunded amounts owed by such Lender and such Lender shall not be entitled to receive any amounts hereunder until such unfunded amounts have been repaid in full. If such Lender pays such amount to Agent, then such amount shall constitute such Lender’s Pro Rata Share of such Revolving Advance. No Class A Lender shall be obligated to make a xxx Revolving Advance on behalf of another Class A Lender.

Payment of the Loan. Borrower Simultaneously with the issuance of the Bonds and the lending of the proceeds thereof to the Company, the Company will evidence its indebtedness for the Loan by executing and delivering the Company Note to the Authority. The Company Note shall (a) be issued in a form registered as to both principal and interest; (b) be immediately pledged, assigned and delivered by the Auth- ority to the Trustee and registered in the name of the Trustee; (c) be nontransferable except as required to effect the assignment thereof to the Trustee or any successor Trustee; (d) be dated the date of the initial issuance of the Bonds; (e) be issued in a principal amount equal to the aggregate princi- pal amount of the Bonds and bear interest on the unpaid principal amount thereof at the same rates as those borne by the principal of the Bonds, which interest on the Company Note shall be payable on the same dates as the interest payable with respect to the Bonds; (f) mature or be subject to mandatory prepayment on the same dates, on the same terms and in the same amounts as the principal of the Bonds shall mature or be subject to mandatory redemption; and (g) be subject to optional prepayment on the same dates and on the same terms as the Bonds shall be subject to optional redemption. The Company will repay the Loan pursuant to and Loan, together with the interest thereon, in accordance with the terms of this the Company Note. Anything to the contrary contained in the Loan Agreement or the Company Note notwithstanding, there shall be credited against any payment due on the Company Note (including components of principal and interest) any amount then held in the Bond Fund Primary Account to the extent that such amount does not itself consist of prior payments due on the Company Note and has not theretofore been credited against a previous payment due on the Company Note; provided, however, that moneys held in the Bond Fund Primary Account shall not be credited against any payment due on the Company Note or any such other payment required by the Loan Agreement if such moneys (i) are held therein for payment of matured but unpaid interest on or principal of the Bonds, (ii) are held therein pursuant to instructions from the Company for the future payment or purchase of Bonds or (iii) are held therein for the payment of unmatured Bonds if such Bonds are considered fully paid pursuant to the provisions of Section 14.1 of the Indenture by reason of the fact that such moneys are so held in the Bond Fund Primary Account. The payment (whether at maturity, by acceleration or upon redemption) of any principal of or interest on the Bonds pursuant to the provisions of the Indenture shall constitute a payment or prepayment of the principal of or interest on the Company Note in the same amount and at the same time, irrespective of whether the moneys used to effect such payment with respect to the Bonds constitute payments by the Company on the Company Note or are made available from other sources provided in the Indenture, except for moneys drawn under the Letter of Credit. So long as the Letter of Credit remains in effect, any moneys payable by the Company under the Company Note will be applied for the reimbursement to the Bank of the corresponding amounts drawn under the Letter of Credit to provide for the payment of the principal of and the Notes evidencing interest and premium (if any) on the LoansBonds. Each Revolving Advance shall be due and payable Anything to the contrary contained in fullthe Loan Agreement or the Company Note notwithstanding, if for any reason, after the payment by the Company of such amounts as are required to be paid by it pursuant to the Company Note, the moneys then held by and available to the Trustee for payment or redemption of the principal of and the interest and premium (if any) on the Bonds are not earlier in accordance with this Agreementsufficient to pay, on the Maturity Datedue or required redemption date thereof, the principal maturing or required to be redeemed with respect to the Bonds plus the interest and premium (if any) due with respect to the Bonds, the Company will promptly pay to the Trustee (for the account of the Authority) such additional amounts, as, when added to the aforesaid moneys held by and available to the Trustee, will equal an amount sufficient to pay such principal, interest and premium (if any). All other amounts outstanding Nothing herein contained shall be construed as imposing on the Authority or on the Trustee any duty or responsibility of giving any notice to the Company of the amount on deposit in any of the funds established under the Loan and all other Obligations under the Loan shall be due and payable in full, if not earlier in accordance with this Agreement, on the Maturity Date. Promptly following receipt of a Request for Revolving Advance in accordance with Section 4.2(a) and all other deliverables described therein, Agent shall advise each Class A Lender of the details thereof and Indenture or of the amount of any credits against payments on the Company Note available to the Company, as of any payment date with respect to the Company Note, but the Authority will cause the Trustee to respond to any reasonable requests that the Company may make for such Class A Lender’s Revolving Advance information. Neither the Authority nor the Trustee shall be obligated to be made as a part give any prior notice to the Company of the requested Revolving Advancedue date or amount of any payment on the Company Note; and failure to receive any such prior notice, even if customarily given by the Authority or the Trustee, shall not relieve the Company of its obligation to make such payment on the Company Note when it is due and payable. Each Class A Lender If any payment on the Company Note or any other payment required by the Loan Agree- ment to provide for the payment of the principal of or the interest and premium (if any) on the Bonds is not paid on or before the Interest Payment Date on which such payment is due, then such overdue amount shall make each Revolving Advance bear interest from such Interest Payment Date until paid at the rate of interest per annum borne by the principal of the Bonds or the highest non-usurious per annum rate of interest then permitted by applicable law, whichever of the foregoing rates of interest is the lesser. In addition to be made payments with respect to the Loan and the Company Note, the Company will also pay (i) the annual fee of the Trustee for the ordinary services by it hereunder on and the proposed date thereof by wire Trustee's ordinary expenses incurred under the Indenture (including the fees and expenses of the Trustee's agents and counsel), (ii) the reasonable fees and charges of the Trustee as registrar, transfer of immediately available funds by 12:00 noon (New York City time) agent and paying agent with respect to the account Bonds, as well as the fees and charges of Agent most recently designated by it for such purpose by notice to Lenders. Unless Agent shall have received notice from a Class A Lender prior any other paying agent with respect to the proposed date of any Revolving Advance that Bonds who shall act as such Class A Lender will not make available to Agent such Class A Lender’s share of such Revolving Advance, Agent may assume that such Class A Lender has made such share available on such date agent in accordance with the previous sentence provisions of the Indenture, (iii) the reasonable fees and mayexpenses of the Authority and the Trustee in connection with any registration, in reliance transfer or exchange of any of the Bonds if the Authority and the Trustee are not permitted by Section 5.4 of the Indenture to charge the holder of such Bonds for such fees and expenses, and (iv) the reasonable fees, charges and expenses of the Trustee for necessary extraordinary services rendered by it and necessary extraordinary expenses incurred by it under the Indenture. All such fees, charges and expenses shall be paid directly to the Trustee, for its own account upon such assumption, make available to Borrower a corresponding amountpresentation of its statements therefor. In lieu addition to payments with respect to the Loan and the Company Note and the aforesaid payments to the Trustee, the Company will also pay (i) to the Bank such fees and expenses as it shall be required to pay from time to time in accordance with the Reimbursement Agreement and (ii) to the Trustee such amounts as may be needed to pay the purchase price of any Bonds to be purchased pursuant to Section 3.5 or 3.6 of the foregoing, Agent mayIndenture, on behalf the date or dates on which any such Bonds are due to be purchased pursuant to either of any Class A Lendersaid sections, makebut only to the extent that Eligible Remarketing Proceeds (as defined in the Indenture) or moneys drawn under the Letter of Credit, or cause Lender that is an Affiliate of Agent to makea combination thereof, Revolving Advances hereunder upon satisfaction of are not available for the provisions of Section 4.2(a). Each Class A Lender shall, upon demand, reimburse Agent (or such Affiliate of Agent) for such Class A Lender’s Pro Rata Share of each such Revolving Advance. In such event, if a Class A Lender has not in fact made its share of the applicable Revolving Advance available to Agent, then the applicable Lender and Borrower severally agree to pay to Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to Borrower to but excluding the date of payment to Agent, at the applicable Revolving Calculated Rate and, until such Lender has paid such amount to Agent, all amounts owed to such Lender hereunder (whether interest, fees, principal or otherwise) shall paid to Agent (or any Affiliate of Agent that has funded such amounts in lieu of such Lender) in such amount as is necessary to repay in full such unfunded amounts owed by such Lender and such Lender shall not be entitled to receive any amounts hereunder until such unfunded amounts have been repaid in full. If such Lender pays such amount to Agent, then such amount shall constitute such Lender’s Pro Rata Share of such Revolving Advance. No Class A Lender shall be obligated to make a Revolving Advance on behalf of another Class A Lenderpurchase price.

Payment of the Loan. (a) The Borrower shall repay pay the principal of the Loan pursuant according to and in accordance with the terms of this Payment Schedules. (b) If any payment due under the Agreement falls on a non-Business Day, such payment shall be made on the next succeeding Business Day. The payment shall include the principal and the Notes evidencing the Loans. Each Revolving Advance shall be due and payable in full, if not earlier in accordance with this Agreement, on the Maturity Date. All other amounts outstanding under the Loan and all other Obligations under the Loan shall be due and payable in full, if not earlier in accordance with this Agreement, on the Maturity Date. Promptly following receipt of a Request for Revolving Advance in accordance with Section 4.2(a) and all other deliverables described therein, Agent shall advise each Class A Lender interest calculated as of the details thereof and of Payment Date, without the amount of such Class A Lender’s Revolving Advance to be made as a part of the requested Revolving Advance. Each Class A Lender shall make each Revolving Advance to be made by it hereunder on the proposed date thereof by wire transfer of immediately available funds by 12:00 noon (New York City time) to the account of Agent most recently designated by it for such purpose by notice to Lenders. Unless Agent shall have received notice from a Class A Lender prior to the proposed date of any Revolving Advance that such Class A Lender will not make available to Agent such Class A Lender’s share of such Revolving Advance, Agent may assume that such Class A Lender has made such share available on such date in accordance with the previous sentence and may, in reliance upon such assumption, make available to Borrower a corresponding amount. In lieu of the foregoing, Agent may, on behalf of any Class A Lender, make, or cause Lender that is an Affiliate of Agent to make, Revolving Advances hereunder upon satisfaction of the provisions of Section 4.2(a). Each Class A Lender shall, upon demand, reimburse Agent (or such Affiliate of Agent) for such Class A Lender’s Pro Rata Share of each such Revolving Advance. In such event, if a Class A Lender has not in fact made its share of the applicable Revolving Advance available to Agent, then the applicable Lender and Borrower severally agree to pay to Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to Borrower to but excluding the date of payment to Agent, at the applicable Revolving Calculated Rate and, until such Lender has paid such amount to Agent, all amounts owed to such Lender hereunder (whether interest, fees, principal or otherwise) shall paid to Agent (or any Affiliate of Agent that has funded such amounts in lieu of such Lender) in such amount as is necessary to repay in full such unfunded amounts owed by such Lender and such Lender shall not be Bank being entitled to receive any interest or payment for the deferral. (c) It is a condition of this Agreement, especially regarding the payment of the principal and compensatory and default interests, as well as other expenses, fees, services, and taxes, that all payments shall be made in the same currency in which the Loan has been agreed or granted or the payment of the fee, expenses, or Taxes has been agreed. (d) The Loan shall be paid in full without deducting any expenses for commission, Tax, or any other similar discount from that amount, since it is the Borrower’s obligation to return the entire Loan to the Bank, with the Borrower assuming the full amount of such discounts. (e) The Borrower shall make sufficient funds available to the Bank to fully cover the payment of the Installments, as well as commissions and any other amount applicable to the Borrower under the Agreement and the Flow Trust Agreement. In case the amounts hereunder until such unfunded owed to the Bank are not covered, for any reason, by the amounts received under the Flow Trust Agreement, the Borrower expressly and irrevocably authorizes the Bank to debit the amounts owed to any of its accounts held or that may be held at the Bank, at any of its offices and/or branches, domestically or abroad, and/or to dispose of any funds, deposits, or securities in any currency it holds to be credited, without the need for prior authorization or subsequent agreement, and without the Bank assuming any responsibility for the exchange rate used, in case the account, deposit, or funds are in a different currency than the payments the Borrower must make, at the Bank’s discretion and acknowledging that this right extends to the entire amount owed under the Loan Documents. Likewise, the Bank is authorized by the Borrower to retain and apply to the cancellation of overdue debts, any asset or financial instrument it holds and is intended to be credited or delivered, authorizing the Bank to dispose of them directly for the application of the overdue debt, releasing the Bank from any responsibility for the price obtained from the sale. The Bank assumes no responsibility for deciding whether to exercise the right granted to it by this clause. Likewise, the Borrower waives the right to set off against the Bank, its affiliates, subsidiaries, and/or related parties any obligations they may have been repaid in full. If such Lender pays such amount their favor derived from the Loan Documents or any other document, act, or legal transaction entered into. (f) In accordance with the relevant provisions of the Civil Code, any payment made by the Borrower shall be imputed first to Agentpenalties and expenses, then such amount shall constitute such Lender’s Pro Rata Share to default interests, to compensatory interests, and finally to the repayment of such Revolving Advance. No Class A Lender shall be obligated to make a Revolving Advance on behalf the principal of another Class A Lenderthe Loan.