Common use of Establishment of Completion Date; Excess Proceeds Clause in Contracts

Establishment of Completion Date; Excess Proceeds. The ------------------------------------------------- Completion Date shall be evidenced to the Trustee by a certificate of the Authorized Company Representative: (i) stating that the Project has been completed substantially in accordance with the Plans, (ii) stating that, except for amounts retained by the Trustee at the Company's direction for any Cost of Construction of the Project not then due and payable or which is in dispute, the entire Cost of Construction of the Project has been paid, and (iii) stating that not less than 95% of the total proceeds of the sale of the Bonds have been used to pay Exempt Costs. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties which exist at the date of such certificates or which may subsequently come into being. In the event that moneys shall remain in the Project Fund after payment of all Cost of Construction of the Project, such moneys shall, at the direction of the Company, be used (i) for the redemption of Bonds in the largest amount possible at the earliest date permitted by the Indenture at which the redemption price for such Bonds to be redeemed is 100% of the principal amount thereof plus accrued interest to the redemption date or for the purchase of Bonds pursuant to Article V of the Indenture or otherwise for the purpose of cancellation at any time prior to the earliest date permitted by the Indenture for the redemption of Bonds, (ii) paid into the Bond Fund to pay interest on the Bonds, or (iii) a combination of (i) and (ii) above; provided, however, that such moneys shall not be used as described in (i), (ii) or (iii) above unless the Company supplies the Trustee with an opinion of Bond Counsel to the effect that such use will not adversely affect the exclusion from gross income of the interest on the Bonds for federal income tax purposes. The Company agrees that any investments which it may direct of such amounts shall result in a yield on such investments, computed in accordance with the applicable provisions of (S)(S) 1.103-13 and 1.103-14 of the Treasury Regulations, not in excess of the yield (computed in the same manner) on the Bonds.

Establishment of Completion Date; Excess Proceeds. The ------------------------------------------------- Completion Date shall be evidenced to the Trustee Trustees by a certificate of the Authorized Company Representative: (i) stating that the Project has been completed substantially in accordance with the Plans, (ii) stating that, except for amounts retained by the any Trustee at the Company's direction for any Cost of Construction of the Project not then due and payable or which is in dispute, the entire Cost of Construction of the Project has been paid, and (iii) stating that not less than 95% of the total proceeds of the sale of the Bonds have been used to pay Exempt Costs. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties which exist at the date of such certificates or which may subsequently come into being. In the event that If moneys shall remain in the either Project Fund after payment of all of the Cost of Construction of the Project, such moneys shallmoneys, at the direction of the Company, shall be used (i) for the redemption of Bonds for which such Project Fund was established in the largest amount possible at the earliest date permitted by the applicable Indenture at which the redemption price for such Bonds to be redeemed is 100% of the principal amount thereof plus accrued interest to the redemption date date, or for the purchase of such Bonds pursuant to Article V upon completion of the Project as provided in the applicable Indenture or otherwise for the purpose of cancellation at any time prior to the earliest date permitted by the applicable Indenture for the redemption of such Bonds, (ii) paid into the Bond Fund established for such Bonds to pay interest on the such Bonds, or (iii) a combination of (i) and (ii) above; provided, however, that if any Tax-Exempt Bonds are outstanding such moneys shall not be used as described in (i), (ii) or (iii) above unless the Company supplies the Trustee applicable Trustees with an opinion of Bond Counsel to the effect that such use will not adversely affect the exclusion from gross income of the interest on the Tax-Exempt Bonds for federal income tax purposes. The Company agrees that any investments which it may direct of any such amounts that are held in one or more Project Funds or Bond Funds established for the deposit of proceeds of Tax-Exempt Bonds shall result in a yield on such investments, computed in accordance with the applicable provisions of (S)(S) 1.1031.148-13 and 1.1030 to 1.148-14 11 of the Treasury Regulations, not in excess of the yield (computed in the same manner) on the such Tax-Exempt Bonds.

Establishment of Completion Date; Excess Proceeds. The ------------------------------------------------- Completion Date shall be evidenced to the Trustee by a certificate of the Authorized Company Representative: (i) stating that the Project has been completed substantially in accordance with the Plans, (ii) stating that, except for amounts retained by the Trustee at the Company's direction for any Cost of Construction of the Project not then due and payable or which is in dispute, the entire Cost of Construction of the Project has been paid, and (iii) stating that not less than 95% of the total proceeds of the sale of the Bonds have been used to pay Exempt Costs. Notwithstanding the foregoing, such certificate may state that it is given without prejudice to any rights against third parties which exist at the date of such certificates or which may subsequently come into being. In the event that moneys shall remain in the Project Fund after payment of all Cost of Construction of the Project, such moneys shall, at the direction of the Company, be used (i) for the redemption of Bonds in the largest amount possible at the earliest date permitted by the Indenture at which the redemption price for such Bonds to be redeemed is 100% of the principal amount thereof plus accrued interest to the redemption date or for the purchase of Bonds pursuant to Article V IV of the Indenture or otherwise for the purpose of cancellation at any time prior to the earliest date permitted by the Indenture for the redemption of Bonds, (ii) paid into the Bond Fund to pay interest on the Bonds, or (iii) a combination of (i) and (ii) above; provided, however, that such moneys shall not be used as described in (i), (ii) or (iii) above unless the Company supplies the Trustee with an opinion of Bond Counsel to the effect that such use will not adversely affect the exclusion from gross income tax-exempt status of the interest on the Bonds for federal income tax purposesBonds. The Company agrees that any investments which it may direct of such amounts shall result in a yield on such investments, computed in accordance with the applicable provisions of (S)(S) 1.103-13 and 1.103-14 of the Treasury Regulations, not in excess of the yield (computed in the same manner) on the Bonds.