Common use of Reimbursement and Other Payments Clause in Contracts

Reimbursement and Other Payments. (a) The Obligor hereby agrees with the Bank as follows: (i) to pay the Bank, following payment by the Bank of any draft presented under a Letter of Credit other than a "Purchase Draft" (as defined in the Letter of Credit), and on the same day on which such draft is so paid, a sum (and interest on such sum as provided in clause (iii) below) equal to the amount so paid under the Letter of Credit plus any and all reasonable charges and expenses which the Bank may pay or incur relative to such Letter of Credit; (ii) to pay the Bank, following payment by the Bank of a Purchase Draft, and on the same day on which a Purchase Draft is paid, an amount equal to the accrued interest paid by such payment, plus sums from time to time in installments sufficient to maintain the amortization schedule for the Bonds, which schedule is attached hereto as Exhibit B, together with interest on such moneys outstanding at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall be equal to the rate publicly announced by the Bank as its "Prime Rate" (the "Prime Rate"), but such interest rate shall in no event be higher than the maximum rate permitted by law, which interest shall be payable monthly; and (iii) to pay the Bank, interest on any and all amounts remaining unpaid by the Obligor hereunder, other than the principal portion of a Purchase Draft following a Purchase Draft, at any time from the date any such amount becomes payable until payment in full, payable on demand, at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall be equal to three percent (3%) above its Prime Rate, provided that such fluctuating interest rate shall in no event be higher than the maximum rate permitted by law and, in addition, upon demand by the Bank any and all reasonable expenses including but not limited to legal expenses incurred by the Bank in enforcing any rights under this Agreement or any other collateral agreement entered into in conjunction herewith.

Reimbursement and Other Payments. (a) The Obligor Borrowers, jointly and severally, hereby agrees with agree to pay to the Bank as followsAgent, for the ratable accounts of the Lenders, on the date on which the Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the "Reimbursement Amount") equal to: (i) to pay the Bank, following payment by the Bank of any draft presented under a Letter of Credit other than a "Purchase Draft" (as defined in the Letter of Credit), and on the same day on which such draft is so paid, a sum (and interest on such sum as provided in clause (iii) below) equal to the amount so paid under the Letter of Credit plus any and all reasonable charges and expenses which the Bank may pay or incur relative to such Letter of Credit; , plus (ii) to pay the Bank, following payment by the Bank of a Purchase Draft, and on the same day on which a Purchase Draft is paid, an amount equal to the accrued interest paid by such payment, plus sums from time to time in installments sufficient to maintain the amortization schedule for the Bonds, which schedule is attached hereto as Exhibit B, together with interest on such moneys outstanding at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall be equal to the rate publicly announced by the Bank as its "Prime Rate" (the "Prime Rate"), but such interest rate shall in no event be higher than the maximum rate permitted by law, which interest shall be payable monthly; and (iii) to pay the Bank, interest on any and all amounts amount remaining unpaid by the Obligor hereunder, other than Borrowers to the principal portion of a Purchase Draft following a Purchase Draft, at any time Lenders under clause (i) from and including the date any on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a fluctuating interest rate per annum rate of interest equal to the rate applicable to Loans under Section 2.7 (computed a) plus any additional interest under Section 2.12. If the Borrowers shall fail to pay to the Agent the Reimbursement Amount on the basis of a 360 day year for date on which the actual number of days elapsed) as Agent shall be required to pay any draft presented under any Letter of Credit, the Agent shall, to the extent the Borrowers have availability to request a Loan, consider such failure to be a request for a Loan in effect from time the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to timethis Section 2.16.4(a), which rate per annum the Agent shall be equal notify each Lender of such Lender's Commitment Percentage of such Loan, and such Lender shall make available promptly to three percent (3%) above its Prime Ratethe Agent the corresponding amount of such Loan, provided all in accordance with Section 2.2 hereof. The Borrowers, jointly and severally, agree that the Agent may make any such fluctuating interest rate shall Loan, and each Lender agrees to deliver such Lender's Commitment Percentage of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in no event be higher than Section 2.1 hereof, and the maximum rate permitted by law and, in addition, upon demand Borrowers further agree that the making of such Loan by the Bank any Agent in excess of the limits set forth in Section 2.1 hereof shall constitute an automatic Default under Section VII, entitling the Agent and the Lenders to exercise all reasonable expenses including but not limited rights and remedies available to legal expenses incurred by them under the Bank in enforcing any rights under this Agreement or any other collateral agreement entered into in conjunction herewithLender Agreements and applicable law.

Reimbursement and Other Payments. (a) The Obligor Borrowers, jointly and severally, hereby agrees with agree to pay to the Bank as followsAgent, for the ratable accounts of the Lenders, on the date on which the Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the "Reimbursement Amount") equal to: (i) to pay the Bank, following payment by the Bank of any draft presented under a Letter of Credit other than a "Purchase Draft" (as defined in the Letter of Credit), and on the same day on which such draft is so paid, a sum (and interest on such sum as provided in clause (iii) below) equal to the amount so paid under the Letter of Credit plus any and all reasonable charges and expenses which the Bank may pay or incur relative to such Letter of Credit; , plus (ii) to pay the Bank, following payment by the Bank of a Purchase Draft, and on the same day on which a Purchase Draft is paid, an amount equal to the accrued interest paid by such payment, plus sums from time to time in installments sufficient to maintain the amortization schedule for the Bonds, which schedule is attached hereto as Exhibit B, together with interest on such moneys outstanding at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall be equal to the rate publicly announced by the Bank as its "Prime Rate" (the "Prime Rate"), but such interest rate shall in no event be higher than the maximum rate permitted by law, which interest shall be payable monthly; and (iii) to pay the Bank, interest on any and all amounts amount remaining unpaid by the Obligor hereunder, other than Borrowers to the principal portion of a Purchase Draft following a Purchase Draft, at any time Lenders under clause (i) from and including the date any on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a fluctuating interest rate per annum (computed rate of interest equal to the rate applicable to Revolving Credit Advances. If the Borrowers shall fail to pay to the Agent the Reimbursement Amount on the basis of a 360 day year for date on which the actual number of days elapsed) as Agent shall be required to pay any draft presented under any Letter of Credit, the Agent shall, to the extent the Borrowers have availability to request a Revolving Credit Advance, consider such failure to be a request for a Revolving Credit Advance in effect from time the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to timethis Section 1.17.4(a), which rate per annum the Agent shall be equal notify each Lender of such Lender's Revolving Loan Commitment of such Loan, and such Lender shall make available promptly to three percent (3%the Agent the corresponding amount of such Loan, all in accordance with Section 1.1(a) above its Prime Ratehereof. The Borrowers, provided jointly and severally, agree that the Agent may make any such fluctuating interest rate shall Loan, and each Lender agrees to deliver such Lender's Revolving Loan Commitment of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in no event be higher than Section 1.1(a) hereof, and the maximum rate permitted by law and, in addition, upon demand Borrowers further agree that the making of such Loan by the Bank any Agent in excess of the limits set forth in Section 1.1(a) hereof shall constitute an automatic Default hereunder, entitling the Agent and the Lenders to exercise all reasonable expenses including but not limited rights and remedies available to legal expenses incurred by them under the Bank in enforcing any rights under this Agreement or any other collateral agreement entered into in conjunction herewithLender Documents and applicable law.

Reimbursement and Other Payments. (a) The Obligor Borrower hereby agrees with to pay to the Bank as followsAdministrative Agent, for the ratable accounts of the Lenders, on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the “Reimbursement Amount”) equal to: (i) to pay the Bank, following payment by the Bank of any draft presented under a Letter of Credit other than a "Purchase Draft" (as defined in the Letter of Credit), and on the same day on which such draft is so paid, a sum (and interest on such sum as provided in clause (iii) below) equal to the amount so paid under the Letter of Credit plus any and all reasonable charges and expenses which the Bank may pay or incur relative to such Letter of Credit; , plus (ii) to pay the Bank, following payment by the Bank of a Purchase Draft, and on the same day on which a Purchase Draft is paid, an amount equal to the accrued interest paid by such payment, plus sums from time to time in installments sufficient to maintain the amortization schedule for the Bonds, which schedule is attached hereto as Exhibit B, together with interest on such moneys outstanding at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall be equal to the rate publicly announced by the Bank as its "Prime Rate" (the "Prime Rate"), but such interest rate shall in no event be higher than the maximum rate permitted by law, which interest shall be payable monthly; and (iii) to pay the Bank, interest on any and all amounts amount remaining unpaid by the Obligor hereunder, other than Borrower to the principal portion of a Purchase Draft following a Purchase Draft, at any time Lenders under clause (i) from and including the date any on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a fluctuating interest rate per annum (computed rate of interest equal to the rate applicable to Revolving Credit Advances. If the Borrower shall fail to pay to the Administrative Agent the Reimbursement Amount on the basis of a 360 day year for date on which the actual number of days elapsed) as Administrative Agent shall be required to pay any draft presented under any Letter of Credit, the Administrative Agent shall, to the extent the Borrower has availability to request a Revolving Credit Advance, consider such failure to be a request for a Revolving Credit Advance in effect from time the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to timethis Section 2.15.4(a), which rate per annum the Administrative Agent shall be equal notify each Lender of such Lender’s Revolving Loan Commitment of such Loan, and such Lender shall make available promptly to three percent (3%the Administrative Agent the corresponding amount of such Loan, all in accordance with Section 2.1(a) above its Prime Ratehereof. The Borrower agrees that the Administrative Agent may make any such Loan, provided and each Lender agrees to deliver such Lender’s Revolving Loan Commitment of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a) hereof, and the Borrower further agrees that the making of such fluctuating interest rate shall in no event be higher than the maximum rate permitted by law and, in addition, upon demand Loan by the Bank any Administrative Agent in excess of the limits set forth in Section 2.1(a) hereof shall constitute an automatic Default hereunder, entitling the Administrative Agent and the Lenders to exercise all reasonable expenses including but not limited rights and remedies available to legal expenses incurred by them under the Bank in enforcing any rights under this Agreement or any other collateral agreement entered into in conjunction herewithLoan Documents and applicable law.

Reimbursement and Other Payments. (a) The Obligor Borrowers, jointly and severally, hereby agrees with agree to pay to the Bank as followsAgent, for the ratable accounts of the Lenders, on the date on which the Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the "Reimbursement Amount") equal to: (i) to pay the Bank, following payment by the Bank of any draft presented under a Letter of Credit other than a "Purchase Draft" (as defined in the Letter of Credit), and on the same day on which such draft is so paid, a sum (and interest on such sum as provided in clause (iii) below) equal to the amount so paid under the Letter of Credit plus any and all reasonable charges and expenses which the Bank may pay or incur relative to such Letter of Credit; , plus (ii) to pay the Bank, following payment by the Bank of a Purchase Draft, and on the same day on which a Purchase Draft is paid, an amount equal to the accrued interest paid by such payment, plus sums from time to time in installments sufficient to maintain the amortization schedule for the Bonds, which schedule is attached hereto as Exhibit B, together with interest on such moneys outstanding at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall be equal to the rate publicly announced by the Bank as its "Prime Rate" (the "Prime Rate"), but such interest rate shall in no event be higher than the maximum rate permitted by law, which interest shall be payable monthly; and (iii) to pay the Bank, interest on any and all amounts amount remaining unpaid by the Obligor hereunder, other than Borrowers to the principal portion of a Purchase Draft following a Purchase Draft, at any time Lenders under clause (i) from and including the date any on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a fluctuating interest rate per annum rate of interest equal to the rate applicable to Loans under Section 2.7 (computed a) plus any additional interest under Section 2.12. If the Borrowers shall fail to pay to the Agent the Reimbursement Amount on the basis of a 360 day year for date on which the actual number of days elapsed) as Agent shall be required to pay any draft presented under any Letter of Credit, the Agent shall, to the extent the Borrowers have availability to request a Loan, consider such failure to be a request for a Loan in effect from time the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to timethis Section 2.16.4(a), which rate per annum the Agent shall be equal notify each Lender of such Lender's Commitment Percentage of such Loan, and such Lender shall make available promptly to three percent (3%) above its Prime Ratethe Agent the corresponding amount of such Loan, provided all in accordance with Section 2.2 hereof. The Borrowers, jointly and severally, agree that the Agent may make any such fluctuating interest rate shall Loan, and each Lender agrees to deliver such Lender's Commitment Percentage of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in no event be higher than Section 2.1 hereof, and the maximum rate permitted by law and, in addition, upon demand Borrowers further agree that the making of such Loan by the Bank any Agent in excess of the limits set forth in Section 2.1 hereof shall constitute an automatic Default under Section VII, entitling the Agent and the Lenders to exercise all reasonable expenses including but not limited rights and remedies available to legal expenses incurred by them under the Bank in enforcing any rights under this Agreement or any other collateral agreement entered into in conjunction herewithLender ements and applicable law.

Reimbursement and Other Payments. (a) The Obligor Borrower hereby agrees with to pay to the Bank as followsAgent, for the ratable accounts of the Lenders, on the date on which the Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the "Reimbursement Amount") equal to: (i) to pay the Bank, following payment by the Bank of any draft presented under a Letter of Credit other than a "Purchase Draft" (as defined in the Letter of Credit), and on the same day on which such draft is so paid, a sum (and interest on such sum as provided in clause (iii) below) equal to the amount so paid under the Letter of Credit plus any and all reasonable charges and expenses which the Bank may pay or incur relative to such Letter of Credit; , plus (ii) to pay the Bank, following payment by the Bank of a Purchase Draft, and on the same day on which a Purchase Draft is paid, an amount equal to the accrued interest paid by such payment, plus sums from time to time in installments sufficient to maintain the amortization schedule for the Bonds, which schedule is attached hereto as Exhibit B, together with interest on such moneys outstanding at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall be equal to the rate publicly announced by the Bank as its "Prime Rate" (the "Prime Rate"), but such interest rate shall in no event be higher than the maximum rate permitted by law, which interest shall be payable monthly; and (iii) to pay the Bank, interest on any and all amounts amount remaining unpaid by the Obligor hereunder, other than Borrower to the principal portion of a Purchase Draft following a Purchase Draft, at any time Lenders under clause (i) from and including the date any on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a fluctuating interest rate per annum (computed rate of interest equal to the rate applicable to Revolving Credit Advances. If the Borrower shall fail to pay to the Agent the Reimbursement Amount on the basis of a 360 day year for date on which the actual number of days elapsed) as Agent shall be required to pay any draft presented under any Letter of Credit, the Agent shall, to the extent the Borrower has availability to request a Revolving Credit Advance, consider such failure to be a request for a Revolving Credit Advance in effect from time the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to timethis Section 1.17.4(a), which rate per annum the Agent shall be equal notify each Lender of such Lender's Revolving Loan Commitment of such Loan, and such Lender shall make available promptly to three percent (3%the Agent the corresponding amount of such Loan, all in accordance with Section 1.1(a) above its Prime Ratehereof. The Borrower agrees that the Agent may make any such Loan, provided and each Lender agrees to deliver such Lender's Revolving Loan Commitment of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 1.1(a) hereof, and the Borrower further agree that the making of such fluctuating interest rate shall in no event be higher than the maximum rate permitted by law and, in addition, upon demand Loan by the Bank any Agent in excess of the limits set forth in Section 1.1(a) hereof shall constitute an automatic Default hereunder, entitling the Agent and the Lenders to exercise all reasonable expenses including but not limited rights and remedies available to legal expenses incurred by them under the Bank in enforcing any rights under this Agreement or any other collateral agreement entered into in conjunction herewithLender Documents and applicable law.

Reimbursement and Other Payments. (a) The Obligor Borrowers, jointly and severally, hereby agrees with agree to pay to the Bank as followsAgent, for the ratable accounts of the Lenders, on the date on which the Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the "Reimbursement Amount") equal to: (i) to pay the Bank, following payment by the Bank of any draft presented under a Letter of Credit other than a "Purchase Draft" (as defined in the Letter of Credit), and on the same day on which such draft is so paid, a sum (and interest on such sum as provided in clause (iii) below) equal to the amount so paid under the Letter of Credit plus any and all reasonable charges and expenses which the Bank may pay or incur relative to such Letter of Credit; , plus (ii) to pay the Bank, following payment by the Bank of a Purchase Draft, and on the same day on which a Purchase Draft is paid, an amount equal to the accrued interest paid by such payment, plus sums from time to time in installments sufficient to maintain the amortization schedule for the Bonds, which schedule is attached hereto as Exhibit B, together with interest on such moneys outstanding at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall be equal to the rate publicly announced by the Bank as its "Prime Rate" (the "Prime Rate"), but such interest rate shall in no event be higher than the maximum rate permitted by law, which interest shall be payable monthly; and (iii) to pay the Bank, interest on any and all amounts amount remaining unpaid by the Obligor hereunder, other than Borrowers to the principal portion of a Purchase Draft following a Purchase Draft, at any time Lenders under clause (i) from and including the date any on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a fluctuating interest rate per annum (computed rate of interest equal to the rate applicable to Base Rate Loans plus any additional interest under Section 2.12. If the Borrowers shall fail to pay to the Agent the Reimbursement Amount on the basis of a 360 day year for date on which the actual number of days elapsed) as Agent shall be required to pay any draft presented under any Letter of Credit, the Agent shall, to the extent the Borrowers have availability to request a Loan, consider such failure to be a request for a Loan in effect from time the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to timethis Section 2.16.4(a), which rate per annum the Agent shall be equal notify each Lender of such Lender's Commitment Percentage of such Loan, and such Lender shall make available promptly to three percent (3%) above its Prime Ratethe Agent the corresponding amount of such Loan, provided all in accordance with Section 2.2 hereof. The Borrowers, jointly and severally, agree that the Agent may make any such fluctuating interest rate shall Loan, and each Lender agrees to deliver such Lender's Commitment Percentage of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in no event be higher than Section 2.1 hereof, and the maximum rate permitted by law and, in addition, upon demand Borrowers further agree that the making of such Loan by the Bank any Agent in excess of the limits set forth in Section 2.1 hereof shall constitute an automatic Events of Default under Section VII, entitling the Agent and the Lenders to exercise all reasonable expenses including but not limited rights and remedies available to legal expenses incurred by them under the Bank in enforcing any rights under this Agreement or any other collateral agreement entered into in conjunction herewithLender Agreements and applicable law.

Reimbursement and Other Payments. (a) The Obligor Subject to the following provisions of this Section 2.3, Borrower hereby agrees with the Bank as follows: (i) to pay the to Bank, following payment by the but only after Bank of honors any draft presented under a Letter of Credit other than a "Purchase Draft" (as defined in the Letter of Credit), and on (i) no later than the same end of the first Business Day following the day on which such Bank shall pay any draft is so paid, presented under the Letter of Credit a sum (and interest on such sum as provided in clause (iii) below) equal to the amount so paid under the Letter of Credit Credit, plus any and all reasonable charges and expenses which the Bank may pay or incur relative to such Letter of Credit; (ii) to pay the Bank, following payment by the Bank of a Purchase Draft, and on the same day on which a Purchase Draft is paid, an amount equal to the accrued interest paid by such payment, plus sums from time to time in installments sufficient to maintain the amortization schedule for the Bonds, which schedule is attached hereto as Exhibit B, together with interest on any amount remaining unpaid by Borrower to Bank under clause (i) above from and including the date such moneys outstanding amount becomes payable until payment in full, at a such fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall at all times be equal to the rate publicly announced by the Bank as its "Prime Rate" Base Rate plus three percent (the "Prime Rate"3.0%), the rate of interest payable hereunder to change concurrently with each change in the Base Rate, but such interest rate shall in no event shall such fluctuating interest rate be higher than the maximum rate permitted by lawapplicable Laws. Notwithstanding the foregoing, which interest shall be payable monthly; if no Event of Default exists hereunder, and (iii) if Bank honors any draft presented under the Letter of Credit to pay the Purchase Price of Tendered Bonds (a “Purchase Drawing”), Borrower shall not be obligated to pay the amounts set forth in paragraph (A) immediately preceding and instead such amount shall be paid as follows: On the first day of each month following the date of the Purchase Drawing, and on the first day of each month thereafter until the entire Purchase Drawing is paid in full, Borrower shall pay to Bank all accrued and unpaid interest on the outstanding balance of the Purchase Drawing, interest to accrue at the Base Rate. On the first day of each of January, April, July and October, Borrower shall pay to Bank a principal payment in an amount equal to the quotient obtained by dividing the principal amount of the Purchase Drawing by the number of quarterly payment dates from the date of the Purchase Drawing through October 1, 2017. If not earlier demanded pursuant to Article VI hereof, the outstanding principal balance of the Purchase Drawing, together with all accrued and unpaid interest thereon, shall be due and payable to Bank on the earlier of (i) the Expiration Date, or (ii) September 30, 2017. Any Purchase Drawing may be prepaid by Borrower on any date without premium or penalty. If Debt Service (as defined in the Indenture) is received by Bank with respect to Pledged Bonds (as defined in the Indenture) the amount so received shall be credited first against interest payable on the unreimbursed amount of the related Purchase Drawing, and the balance shall be credited against the amount of such Purchase Drawing. Borrower hereby agrees to pay to Bank an annual letter of credit commission with respect to the amount available to be drawn under the Letter of Credit, computed at the rate of one percent (1.0%) per annum of the Stated Amount (as defined in the Letter of Credit) of the Letter of Credit, as reduced from time to time; until the Expiration Date, the first such annual commission to be payable in advance on the date of issuance of the Letter of Credit, and each other such annual commission to be payable on or before October 1 of each year thereafter until the Expiration Date. Upon termination of the Letter of Credit and the return of the original thereof to Bank, interest within ten (10) days thereof Bank shall pay to Borrower a refund of any annual letter of credit commission equal to the product of (i) the amount of the annual letter of credit commission theretofore paid, multiplied by (ii) the number of days remaining through October 1 of the applicable year from the date the Letter of Credit is terminated and returned, divided by 365 days. If any change in any Law or regulation or in the interpretation thereof by any court or Governmental Authority charged with the administration thereof or any compliance by Bank with any guideline or request from any central bank or Governmental Authority (whether or not having the force of law) shall either (i) affect, impose, modify or deem applicable any reserve, special deposit, capital maintenance or similar requirement against letters of credit (or similar contingent obligations) issued by, or amount of capital required or expected to be maintained by, or assets held by, or deposits in or for the account of, Bank or any corporation controlling Bank or (ii) impose on Bank or any corporation controlling Bank any other condition regarding this Agreement or the Letter of Credit, and the result of any event referred to in the preceding clause (i) or (ii) shall be to increase the cost to Bank or any corporation controlling Bank of issuing or maintaining the Letter of Credit (which increase in cost shall be determined by Bank’s reasonable allocation of the aggregate of such cost increases resulting from any such event), then, upon demand by Bank, Borrower shall immediately pay to Bank, from time to time as specified by Bank, additional amounts which shall be sufficient to compensate Bank or any corporation controlling Bank for such increased cost. A certificate as to such increased cost incurred by Bank as a result of any event mentioned in clause (i) or (ii) above, submitted by Bank to Borrower, shall, in the absence of manifest error, be conclusive and binding for all purposes. Borrower hereby agrees to pay to Bank, on demand, sums equal to any and all amounts remaining unpaid reasonable charges and expenses which Bank may pay or incur, and all other customary charges of Bank, relative to the issuance of the Letter of Credit or to any payment by Bank thereunder. Payments and Computations. Borrower shall make each payment hereunder not later than 12:00 p.m. (Central Time) on the Obligor day when due in lawful money of the United States of America to Bank at its address referred to in Section 7.2 hereof in same day funds. Borrower hereby authorizes Bank, if and to the extent payment is not made when due hereunder, other than the principal portion to charge from time to time against Borrower’s account with Bank any amount so due. Computations of a Purchase Draft following a Purchase Draft, at any time from the date any such amount becomes payable until payment in full, payable on demand, at a fluctuating interest rate per annum (computed and letter of credit commission due hereunder shall be made by Bank on the basis of a 360 day year of 365 days for the actual number of days (including the first day but excluding the last day) elapsed) as shall be in effect from time to time, which rate per annum shall be equal to three percent (3%) above its Prime Rate, provided that such fluctuating interest rate shall in no event be higher than the maximum rate permitted by law and, in addition, upon demand by the Bank any and all reasonable expenses including but not limited to legal expenses incurred by the Bank in enforcing any rights under this Agreement or any other collateral agreement entered into in conjunction herewith.

Reimbursement and Other Payments. (a) The Obligor Borrower hereby agrees with to pay to the Bank as followsAdministrative Agent, for the ratable accounts of the Lenders, on the date on which the Administrative Agent shall be required to pay any draft presented under any Letter of Credit, a sum (the "Reimbursement Amount") equal to: (i) to pay the Bank, following payment by the Bank of any draft presented under a Letter of Credit other than a "Purchase Draft" (as defined in the Letter of Credit), and on the same day on which such draft is so paid, a sum (and interest on such sum as provided in clause (iii) below) equal to the amount so paid under the Letter of Credit plus any and all reasonable charges and expenses which the Bank may pay or incur relative to such Letter of Credit; , plus (ii) to pay the Bank, following payment by the Bank of a Purchase Draft, and on the same day on which a Purchase Draft is paid, an amount equal to the accrued interest paid by such payment, plus sums from time to time in installments sufficient to maintain the amortization schedule for the Bonds, which schedule is attached hereto as Exhibit B, together with interest on such moneys outstanding at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall be equal to the rate publicly announced by the Bank as its "Prime Rate" (the "Prime Rate"), but such interest rate shall in no event be higher than the maximum rate permitted by law, which interest shall be payable monthly; and (iii) to pay the Bank, interest on any and all amounts amount remaining unpaid by the Obligor hereunder, other than Borrower to the principal portion of a Purchase Draft following a Purchase Draft, at any time Lenders under clause (i) from and including the date any on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a fluctuating interest rate per annum (computed rate of interest equal to the rate applicable to Revolving Credit Advances. If the Borrower shall fail to pay to the Administrative Agent the Reimbursement Amount on the basis of a 360 day year for date on which the actual number of days elapsed) as Administrative Agent shall be required to pay any draft presented under any Letter of Credit, the Administrative Agent shall, to the extent the Borrower have availability to request a Revolving Credit Advance, consider such failure to be a request for a Revolving Credit Advance in effect from time the amount of the Reimbursement Amount. In the event any such Loan is made pursuant to timethis Section 2.15.4(a), which rate per annum the Administrative Agent shall be equal notify each Lender of such Lender's Revolving Loan Commitment of such Loan, and such Lender shall make available promptly to three percent (3%the Administrative Agent the corresponding amount of such Loan, all in accordance with Section 2.1(a) above its Prime Ratehereof. The Borrower agrees that the Administrative Agent may make any such Loan, provided and each Lender agrees to deliver such Lender's Revolving Loan Commitment of such Loan, even if the making of such Loan causes the outstanding balance of all Loans to exceed the limits set forth in Section 2.1(a) hereof, and the Borrower further agrees that the making of such fluctuating interest rate shall in no event be higher than the maximum rate permitted by law and, in addition, upon demand Loan by the Bank any Administrative Agent in excess of the limits set forth in Section 2.1(a) hereof shall constitute an automatic Default hereunder, entitling the Administrative Agent and the Lenders to exercise all reasonable expenses including but not limited rights and remedies available to legal expenses incurred by them under the Bank in enforcing any rights under this Agreement or any other collateral agreement entered into in conjunction herewithLender Documents and applicable law.

Reimbursement and Other Payments. (a) The Obligor Borrower hereby agrees with to pay to the Bank as followsAgent on the date on which the Agent shall be required to pay any draft presented under any Letter of Credit issued for the account of the Borrower, a sum (the "Reimbursement Amount") equal to: (i) to pay the Bank, following payment by the Bank of any draft presented under a Letter of Credit other than a "Purchase Draft" (as defined in the Letter of Credit), and on the same day on which such draft is so paid, a sum (and interest on such sum as provided in clause (iii) below) equal to the amount so paid under the Letter of Credit plus any and all reasonable charges and expenses which the Bank may pay or incur relative to such Letter of Credit; , plus (ii) to pay the Bank, following payment by the Bank of a Purchase Draft, and on the same day on which a Purchase Draft is paid, an amount equal to the accrued interest paid by such payment, plus sums from time to time in installments sufficient to maintain the amortization schedule for the Bonds, which schedule is attached hereto as Exhibit B, together with interest on such moneys outstanding at a fluctuating interest rate per annum (computed on the basis of a 360 day year for the actual number of days elapsed) as shall be in effect from time to time, which rate per annum shall be equal to the rate publicly announced by the Bank as its "Prime Rate" (the "Prime Rate"), but such interest rate shall in no event be higher than the maximum rate permitted by law, which interest shall be payable monthly; and (iii) to pay the Bank, interest on any and all amounts amount remaining unpaid by the Obligor hereunder, other than Borrower to the principal portion of a Purchase Draft following a Purchase Draft, at any time Agent under clause (i) from and including the date any on which such amount becomes payable pursuant to clause (i) until payment in full, payable on demand, at a fluctuating interest rate per annum (computed rate of interest equal to the rate applicable to Base Rate Advances of the Borrower under Section 2.3(a). If the Borrower shall fail to pay to the Agent the Reimbursement Amount on the basis of a 360 day year for date on which the actual number of days elapsed) as Agent shall be required to pay any draft presented under any such Letter of Credit, the Agent shall, to the extent the Borrower has availability under the Revolving Credit Facility to request an Advance and in effect from time the absence of an event of the type referred to timein Section 10.1(f) hereof, which rate per annum shall consider such failure to be equal to three percent (3%) above its Prime Ratea request for a Base Rate Advance in the amount of the unpaid Reimbursement Amount, provided that such fluctuating interest rate shall in no event be higher than the maximum rate permitted by law and, in addition, upon demand to the extent the Agent has received each Lender's Revolving Credit Commitment Percentage of the amount paid by the Bank any and all reasonable expenses including but not limited Agent under such Letter of Credit, the Agent shall apply the proceeds of such Advance to legal expenses incurred by reimburse the Bank in enforcing any rights under this Agreement or any other collateral agreement entered into in conjunction herewithLenders for such amounts received from the Lenders.