Common use of Tender Advances Clause in Contracts

Tender Advances. (a) If the Bank shall make any payment of that portion of the purchase price corresponding to principal and interest of the Bonds drawn under the Letter of Credit pursuant to a Tender Draft and the conditions set forth in Section 8.3 all have been fulfilled, such payment shall constitute a tender advance made by the Bank to the Borrower on the date and in the amount of such payment (a “Tender Advance”); provided that if the conditions of said Section 8.3 have not been fulfilled, the amount so drawn pursuant to the Tender Draft shall be payable in accordance with the terms of Section 4.2(a) above. Notwithstanding any other provision hereof, the Borrower shall repay the unpaid amount of each Tender Advance, together with all unpaid interest thereon on the earlier to occur of (i) such date as Bonds purchased pursuant to a Tender Draft are resold as provided in paragraph 4.3(d) hereof, (ii) on the date 366 days following the date of such Tender Advance, or (iii) the Termination Date. The Borrower may prepay the outstanding amount of any Tender Advance in whole or in part, together with accrued interest to the date of such prepayment on the date such amount is prepaid. The Borrower shall notify the Bank, prior to 11:00 A.M. (Eastern time), on the date of such prepayment of the amount to be prepaid.

Tender Advances. (a) If the Bank shall make any payment of that --------------- portion of the purchase price corresponding to principal and interest of the Bonds drawn under the Letter of Credit pursuant to a Tender Draft and the conditions set forth in Section 8.3 8.2 all have been fulfilled, such payment shall constitute a tender advance made by the Bank to the Borrower on the date and in the amount of such payment (a “"Tender Advance”"); provided that if the conditions of said Section 8.3 8.2 have not been fulfilled, the amount so drawn pursuant to the Tender Draft shall be payable in accordance with the terms of Section 4.2(a) above. Notwithstanding any other provision hereof, the Borrower shall repay the unpaid amount of each Tender Advance, together with all unpaid interest thereon on the earlier to occur of (i) such date as Bonds purchased pursuant to a Tender Draft are resold as provided in paragraph 4.3(d) hereof, (ii) on the date 366 days following the date of such Tender Advance, or (iii) the Termination Date. The Borrower may prepay the outstanding amount of any Tender Advance in whole or in part, together with accrued interest to the date of such prepayment on the date such amount is prepaid. The Borrower shall notify the Bank, Bank prior to 11:00 A.M. (Eastern time)A.M., EST on the date of such prepayment of the amount to be prepaid.

Tender Advances. (a) If the Bank Issuing Lender shall make any payment of that portion of the purchase price corresponding to principal and interest of the Bonds drawn under the Existing Letter of Credit pursuant to a Tender Draft and the conditions set forth in Section 8.3 all 7.1 shall have been fulfilled, such payment shall constitute a tender advance made by the Bank Issuing Lender to the Borrower Borrowers on the date and in the amount of such payment (a “"Tender Advance”"); provided that if the conditions of said Section 8.3 7.1 have not been fulfilled, the amount so drawn pursuant to the Tender Draft shall be payable in accordance with the terms of Section 4.2(a) above3.5 of the Credit Agreement. Notwithstanding any other provision hereof, the Borrower Borrowers shall repay the unpaid amount of each Tender Advance, together with all unpaid interest thereon thereon, on the earlier to occur of of: (i) such date as any Bonds purchased pursuant to a Tender Draft are resold as provided in paragraph 4.3(dSection 3.3(d) hereof, ; (ii) on the date 366 days one year following the date of such Tender Advance, ; or (iii) the Termination Expiration Date. The Borrower Borrowers may prepay the outstanding amount of any Tender Advance in whole or in part, together with accrued interest to the date of such prepayment on the date such amount is prepaid. The Borrower Borrowers shall notify the Bank, Issuing Lender prior to 11:00 A.M. (Eastern time)Charlotte, North Carolina time on the date of such prepayment of the amount to be prepaid, except to the extent the prepayment is being made from the proceeds of remarketed bonds.

Tender Advances. (a) If the Bank shall make any payment of that portion of the purchase price corresponding to principal and interest of the Bonds drawn under the any Letter of Credit pursuant to a Tender Draft and the conditions set forth in Section 8.3 all 3.3 shall have been fulfilled, such payment shall constitute a tender advance made by the Bank to the Borrower on the date and in the amount of such payment (a “Tender Advance”); provided that if the conditions of said Section 8.3 3.3 have not been fulfilled, the amount so drawn pursuant to the Tender Draft shall be payable in accordance with the terms of Section 4.2(a2.2(a) above. Notwithstanding any other provision hereof, the Borrower shall repay the unpaid amount of each Tender Advance, together with all unpaid interest thereon thereon, on the earlier to occur of of: (i) such date as any Bonds purchased pursuant to a Tender Draft are resold as provided in paragraph 4.3(d2.3(d) hereof, ; (ii) on the date 366 days one year following the date of such Tender Advance, ; or (iii) the Termination Date. The Borrower may prepay the outstanding amount of any Tender Advance in whole or in part, together with accrued interest to the date of such prepayment on the date such amount is prepaid. The Borrower shall notify the Bank, prior to 11:00 A.M. (Eastern time), on the date of such prepayment of the amount to be prepaid.

Tender Advances. (a) If the Bank shall make any payment of that portion of the purchase price corresponding to principal and interest of the Bonds drawn under the Letter of Credit pursuant to a Tender Draft and the conditions set forth in Section 8.3 all 7.3 shall have been fulfilled, such payment shall constitute a tender advance made by the Bank to the Borrower on the date and in the amount of such payment (a “"Tender Advance”"); provided that if the conditions of said Section 8.3 7.3 have not been fulfilled, the amount so drawn pursuant to the Tender Draft shall be payable in accordance with the terms of Section 4.2(a3.2(a) above. Notwithstanding any other provision hereof, the Borrower shall repay the unpaid amount of each Tender Advance, together with all unpaid interest thereon thereon, on the earlier to occur of of: (i) such date as any Bonds purchased pursuant to a Tender Draft are resold as provided in paragraph 4.3(dSection 3.3(d) hereof, ; (ii) on the date 366 days one year following the date of such Tender Advance, ; or (iii) the Termination Expiration Date. The Borrower may prepay the outstanding amount of any Tender Advance in whole or in part, together with accrued interest to the date of such prepayment on the date such amount is prepaid. The Borrower shall notify the Bank, Bank prior to 11:00 A.M. (Eastern time)Charlotte, North Carolina time on the date of such prepayment of the amount to be prepaid, except to the extent the prepayment is being made from the proceeds of remarketed bonds.

Tender Advances. (a) If the Bank shall make any payment of that portion of the purchase price corresponding to principal and interest of the Bonds drawn under the Letter of Credit pursuant to a Tender Draft Drawing and the conditions set forth in Section 8.3 all Subsection 3(d) shall have been fulfilled, each such payment shall constitute a tender advance Tender Advance made by the Bank to the Borrower on the date and in the amount of such payment (a “Tender Advance”); provided that if the conditions of said Section 8.3 have not been fulfilled, the amount so drawn pursuant to the Tender Draft shall be payable in accordance with the terms of Section 4.2(a) abovepayment. Notwithstanding any other provision hereof, the The Borrower shall repay the unpaid principal amount of each Tender Advance, together with all unpaid interest thereon Advance on the earlier to occur of earliest of: (i) any demand for payment following the occurrence of an Event of Default hereunder, (ii) such date as Bonds purchased pursuant to a Tender Draft are resold as is provided for in paragraph 4.3(dParagraph 2(f)(ii) hereof, (iiiii) on that date which is designated as the required payment date in a written notice sent by the Bank to the Borrower (provided that (a) such required payment date with respect to any Tender Advance shall be not sooner than 120 days after the date 366 days following the date of on which such Tender AdvanceAdvance was made, and (b) the required payment date shall be not sooner than 30 days after such notice is given) or (iiiiv) the Termination DateDate of the Letter of Credit. The Borrower may prepay the outstanding amount of any Tender Advance in whole or in part, together with accrued interest to the date of such prepayment on the date such amount is prepaid. The Borrower shall notify the Bank, prior to 11:00 A.M. (Eastern time), on the an earlier date of such prepayment of the amount to be prepaidas provided in Paragraph 2(f)(i) hereof.

Tender Advances. (a) If the Bank shall make any payment of that portion of the purchase price corresponding to principal and interest of the Bonds drawn under the Letter of Credit pursuant to a Tender Draft and the conditions set forth in Section 8.3 all 3.3 shall have been fulfilled, such payment shall constitute a tender advance made by the Bank to the Borrower Company on the date and in the amount of such payment (a “"Tender Advance”"); provided that if the conditions of said Section 8.3 3.3 have not been fulfilled, the amount so drawn pursuant to the Tender Draft shall be payable in accordance with the terms of Section 4.2(a2.2(a) above. Notwithstanding any other provision hereof, the Borrower Company shall repay the unpaid amount of each Tender Advance, together with all unpaid interest thereon thereon, on the earlier to occur of of: (i) such date as any Bonds purchased pursuant to a Tender Draft are resold as provided in paragraph 4.3(d2.3(d) hereof, ; (ii) on the date 366 days one year and one day following the date of such Tender Advance, ; or (iii) the Termination Date. The Borrower Company may prepay the outstanding amount of any Tender Advance in whole or in part, together with accrued interest to the date of such prepayment on the date such amount is prepaid. The Borrower shall notify the Bank, prior to 11:00 A.M. (Eastern time), on the date of such prepayment of the amount to be prepaid.

Tender Advances. (a) If the any Bank shall make any payment of that portion of the purchase price corresponding to principal and interest of the any series of Bonds drawn under the any Bond Letter of Credit pursuant to a an applicable Tender Draft and the conditions set forth in Section 8.3 all 3.3 shall have been fulfilled, such payment shall constitute a tender advance made by the such Bank to the Borrower on the date and in the amount of such payment (a “Tender Advance”); provided that if the conditions of said Section 8.3 3.3 have not been fulfilled, the amount so drawn pursuant to the Tender Draft shall be payable in accordance with the terms of Section 4.2(a2.2(a) above. Notwithstanding any other provision hereof, the Borrower shall repay the unpaid amount of each Tender Advance, together with all unpaid interest thereon thereon, on the earlier to occur of of: (i) such date as any such Bonds purchased pursuant to a Tender Draft are resold as provided in paragraph 4.3(d2.3(d) hereof, ; (ii) on the date 366 days one year following the date of such Tender Advance, ; or (iii) the Termination Date. The Borrower may prepay the outstanding amount of any Tender Advance in whole or in part, together with accrued interest to the date of such prepayment on the date such amount is prepaid. The Borrower shall notify the Bank, prior to 11:00 A.M. (Eastern time), on the date of such prepayment of the amount to be prepaid.

Tender Advances. (a) If the Bank shall make any payment of that portion of the purchase price corresponding to principal and interest of the Bonds drawn under the Letter of Credit pursuant to a Tender Draft and the conditions set forth in Section 8.3 all 7.3 shall have been fulfilled, such payment shall constitute a tender advance made by the Bank to the Borrower on the date and in the amount of such payment (a “"Tender Advance”"); provided that if the conditions of said Section 8.3 7.3 have not been fulfilled, the amount so drawn pursuant to the Tender Draft shall be payable in accordance with the terms of Section 4.2(a3.2(a) above. Notwithstanding any other provision hereof, the Borrower shall repay the unpaid amount of each Tender Advance, together with all unpaid interest thereon thereon, on the earlier to occur of of: (i) such date as any Bonds purchased pursuant to a Tender Draft are resold as provided in paragraph 4.3(dSection 3.3(d) hereof, ; (ii) on the date 366 days one year following the date of such Tender Advance, ; or (iii) the Termination Date. The Borrower may prepay the outstanding amount of any Tender Advance in whole or in part, together with accrued interest to the date of such prepayment on the date such amount is prepaid. The Borrower shall notify the Bank, Bank prior to 11:00 A.M. (Eastern time)Charlotte, North Carolina time on the date of such prepayment of the amount to be prepaid.

Tender Advances. (a) If the Bank shall make any payment of that portion of the purchase price corresponding to principal and interest of the Bonds drawn under the Letter of Credit pursuant to a Tender Draft and the conditions set forth in Section 8.3 all 7.3 shall have been fulfilled, such payment shall constitute a tender advance made by the Bank to the Borrower on the date and in the amount of such payment (a “"Tender Advance”"); provided that if the conditions of said Section 8.3 7.3 have not been fulfilled, the amount so drawn pursuant to the Tender Draft shall be payable in accordance with the terms of Section 4.2(a3.2(a) above. Notwithstanding any other provision hereof, the Borrower shall repay the unpaid amount of each Tender Advance, together with all unpaid interest thereon thereon, on the earlier to occur of (i) such date as any Bonds purchased pursuant to a Tender Draft are resold as provided in paragraph 4.3(d3.3(d) hereof, (ii) on the date 366 days one year and one day following the date of such Tender Advance, or (iii) the Termination Date. The Borrower may prepay the outstanding amount of any Tender Advance in whole or in part, together with accrued interest to the date of such prepayment on the date such amount is prepaid. The Borrower shall notify the Bank, Bank prior to 11:00 A.M. (prevailing Eastern time), ) on the date of such prepayment of the amount to be prepaid.

Tender Advances. (a) If the Bank shall make any payment of that portion of the purchase price corresponding to principal and interest of the Bonds drawn under the Letter of Credit pursuant to a Tender Draft and the conditions set forth in Section 8.3 all 7.3 shall have been fulfilled, such payment shall constitute a tender advance made by the Bank to the Borrower Borrowers on the date and in the amount of such payment (a “"Tender Advance”"); provided that if the conditions of said Section 8.3 7.3 have not been fulfilled, the amount so drawn pursuant to the Tender Draft shall be payable in accordance with the terms of Section 4.2(a3.2(a) above. Notwithstanding any other provision hereof, the Borrower Borrowers shall repay the unpaid amount of each Tender Advance, together with all unpaid interest thereon thereon, on the earlier to occur of (i) such date as any Bonds purchased pursuant to a Tender Draft are resold as provided in paragraph 4.3(d3.3(d) hereof, (ii) on the date 366 days one year and one day following the date of such Tender Advance, or (iii) the Termination Date. The Borrower Borrowers may prepay the outstanding amount of any Tender Advance in whole or in part, together with accrued interest to the date of such prepayment on the date such amount is prepaid. The Borrower Borrowers shall notify the Bank, Bank prior to 11:00 A.M. (prevailing Eastern time), ) on the date of such prepayment of the amount to be prepaid.