Common use of IN TRUST NEVERTHELESS Clause in Contracts

IN TRUST NEVERTHELESS. upon the terms and trusts herein set forth, for the equal and proportionate benefit and security of all and singular present and future holders of the Bonds issued and to be issued under this Indenture, without preference, priority or distinction as to lien or otherwise, except as otherwise hereinafter provided, of any one Bond over any other Bond, by reason of priority in the issue, sale or negotiation thereof or otherwise; PROVIDED, HOWEVER, that if the Issuer, its successors or assigns shall pay or cause to be paid the principal of, redemption premium, if any, and interest on the Bonds due or to become due thereon, at the times and in the manner mentioned in the Bonds, and shall cause the payments to be made into the Bond Fund (as hereinafter defined) as required under Article V hereof or shall provide, as permitted hereby, for the payment thereof pursuant to the provisions of Article VII hereof, and shall perform all the covenants and conditions required of it by this Indenture, and shall pay or cause to be paid to the Issuer, the Trustee and any additional paying agents all sums of money due or to become due to them in accordance with the terms and provisions hereof, then upon such final payments, except as provided in Article VII hereof, this Indenture and the rights hereby granted shall terminate and the Trustee shall release this Indenture and shall execute such documents to evidence such termination and release as may be reasonably required by the Issuer or the Company; otherwise this Indenture to be and remain in full force and effect. THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, that all Bonds from time to time issued and secured hereunder are to be issued, authenticated and delivered, and all said property, rights and interests, including, without limitation, the amounts hereby assigned and pledged, are to be dealt with and disposed of subject to the terms of this Indenture, and the Issuer agrees with the Trustee and with the respective holders and owners, from time to time, of said Bonds, or part thereof, as follows:

IN TRUST NEVERTHELESS. upon the terms and trusts herein set forthforth (a) first, for the equal and proportionate benefit benefit, security and security protection of all and singular present and future holders Owners of the Bonds issued and Bonds, from time to be time, issued under and secured by this Indenture, Indenture without preferenceprivilege, priority or distinction as to the lien or otherwise, except as otherwise hereinafter provided, of any one Bond of the Bonds over any of the other Bond, by reason of priority Bonds except in the issuecase of funds held hereunder for the benefit of particular Owners of Bonds, sale or negotiation thereof or otherwiseand (b) second, for the benefit of the Credit Provider to the extent provided herein; PROVIDED, HOWEVER, that if the Issuer, its successors or assigns shall pay well and truly pay, or cause to be paid paid, the principal of, redemption premium, if any, and interest on the Bonds due or to become due thereon, at the times and in the manner mentioned set forth in the BondsBonds according to the true intent and meaning thereof, and shall cause the payments to be made into on the Bond Fund (as hereinafter defined) Bonds as required under Article V hereof hereunder, or shall provide, as permitted hereby, for the payment thereof by depositing with the Trustee the entire amount due or to become due thereon, and shall well and truly cause to be kept, performed and observed all of its covenants and conditions pursuant to the provisions terms of Article VII hereof, and shall perform all the covenants and conditions required of it by this Indenture, and shall pay or cause to be paid to the Issuer, the Trustee and any additional paying agents all sums of money due or to become due to them it in accordance with the terms and provisions hereof, then upon such the final payments, except as provided in Article VII hereof, payment thereof this Indenture and the rights hereby granted shall terminate cease, determine and be void, except to the Trustee shall release this Indenture and shall execute such documents to evidence such termination and release as may be reasonably required by the Issuer or the Companyextent specifically provided in Article VIII hereof; otherwise this Indenture to be and shall remain in full force and effect. THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, that all Bonds from time to time issued and secured hereunder are to be issued, authenticated and delivered, delivered and all said property, rights and interests, including, without limitation, the amounts payable under the Agreement and any other amounts hereby assigned and pledged, pledged are to be dealt with and disposed of under, upon and subject to the terms of this Indentureterms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as herein expressed, and the Issuer agrees has agreed and covenanted, and does hereby agree and covenant with the Trustee and with the respective holders and owners, from time to time, Owners of said Bonds, or part thereof, the Bonds as follows:

IN TRUST NEVERTHELESS. upon the terms and trusts subject to the conditions herein set forth, (a) for the equal and proportionate benefit benefit, protection and security of all and singular present and future holders Owners from time to time of the Parity Bonds issued and to be issued Outstanding under this Indenture, without preference, priority or distinction as to lien or otherwise, except as otherwise hereinafter provided, of any one Bond of the Parity Bonds over any other Bondof the Parity Bonds except as expressly provided in or permitted by this Indenture, (b) to the extent provided herein, for the benefit, protection and security of the Letter of Credit Provider in order to secure the obligations owed by reason the Lessee to the Letter of Credit Provider under the Letter of Credit Provider Documents, and (c) on a subordinate basis for the equal and proportionate benefit, protection and security of all Owners from time to time of the Subordinate Bonds issued and Outstanding under this Indenture, without preference, priority or distinction as to lien or otherwise of any of the Subordinate Bonds over any other of the Subordinate Bonds except as expressly provided in the issue, sale or negotiation thereof or otherwisepermitted by this Indenture; PROVIDED, HOWEVER, that if the IssuerIssuer pays, its successors or assigns shall pay or cause causes to be paid paid, the principal of, redemption premium, if any, and interest on all the Bonds due or to become due thereonBonds, at the times and in the manner mentioned in the BondsBonds according to the true intent and meaning thereof, and shall cause the payments to be made into the Bond Fund (as hereinafter defined) as required under Article V hereof or shall provide, as permitted hereby, provides for the payment thereof pursuant to the provisions of (as provided in Article VII hereof, and shall perform all the covenants and conditions required of it by this IndentureXII), and shall pay or cause to be paid to the Issuer, the Trustee and any additional paying agents all other sums of money due or to become due to them it in accordance with the terms and provisions hereof, and if the Lessee has paid in full all amounts owing the Letter of Credit Provider under the Letter of Credit Provider Documents and returns the Letter of Credit to the Letter of Credit Provider for cancellation, then upon such final payments, except as provided in Article VII hereof, payments this Indenture and the rights hereby granted shall terminate cease, determine and the Trustee shall release be void; otherwise, this Indenture and shall execute such documents to evidence such termination and release as may be reasonably required by the Issuer or the Company; otherwise this Indenture to be and remain in full force and effect. THIS INDENTURE FURTHER WITNESSETH, and it is hereby expressly declared, covenanted and agreed by and between the parties hereto, that all Bonds from time to time issued and secured hereunder are to be issued, authenticated and delivered, delivered and that all said property, rights and interests, including, without limitation, the amounts hereby assigned and pledged, are Trust Estate is to be dealt with held and disposed of applied under, upon and subject to the terms of this Indentureterms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as hereinafter expressed, and the Issuer agrees does hereby agree and covenant with the Trustee and with for the benefit of the respective holders and owners, Owners from time to time, time of said Bonds, or part thereofthe Bonds and for the benefit of the Letter of Credit Provider, as follows:

IN TRUST NEVERTHELESS. upon the terms and trusts herein set forthof the Indenture, for those who shall hold the equal bonds and proportionate benefit and security of all and singular present and future holders of the Bonds coupons issued and to be issued under this Indenturethereunder, or any of them, without preference, priority or distinction as to lien or otherwise, except as otherwise hereinafter provided, of any one Bond of said bonds and coupons over any other Bond, others thereof by reason of priority in the issue, sale time of the issue or negotiation thereof thereof, or otherwise; otherwise howsoever, subject, however, to the provisions in reference to extended, transferred or pledged coupons and claims for interest set forth in the Indenture (and subject to any sinking funds that may be created for the benefit of any particular series). PROVIDED, HOWEVER, that and these presents are upon the condition that, if the IssuerCompany, its successors or assigns assigns, shall pay or cause to be paid paid, the principal of, redemption premium, if any, and interest on the Bonds due or to become due thereonsaid bonds, at the times and in the manner mentioned in the Bondsstipulated therein and herein, and shall cause the payments to be made into the Bond Fund (as hereinafter defined) as required under Article V hereof or shall providekeep, as permitted hereby, for the payment thereof pursuant to the provisions of Article VII hereof, perform and shall perform observe all and singular the covenants and conditions required of it by this Indenture, promises in said bonds and shall pay or cause in the Indenture expressed to be paid to kept, performed and observed by or on the Issuer, part of the Trustee and any additional paying agents all sums of money due or to become due to them in accordance with the terms and provisions hereofCompany, then upon such final payments, except as provided in Article VII hereof, this Supplemental Indenture and the estate and rights hereby granted shall terminate cease, determine and the Trustee shall release this Indenture and shall execute such documents to evidence such termination and release as may be reasonably required by the Issuer or the Company; void, otherwise this Indenture to be and remain in full force and effect. THIS INDENTURE FURTHER WITNESSETHIT IS HEREBY COVENANTED, and it is expressly declaredDECLARED AND AGREED, by the Company, that all Bonds from time to time issued such bonds and secured hereunder coupons are to be issued, authenticated and delivered, and that all said property, rights and interests, including, without limitation, the amounts hereby assigned and pledged, are property subject or to become subject hereto is to be dealt with and disposed of held, subject to the terms of this Indenturefurther covenants, conditions, uses and trusts in the Indenture set forth, and the Issuer agrees Company, for itself and its successors and assigns, does hereby covenant and agree to and with the Trustee and with its successor or successors in such trust, for the respective holders benefit of those who shall hold said bonds and owners, from time to time, of said Bondsinterest coupons, or part thereofany of them, as follows:

IN TRUST NEVERTHELESS. for the same purposes and upon the terms same terms, trusts and trusts herein conditions and subject to and with the same provisos and covenants as are set forthforth in the Mortgage, for as supplemented, this Twenty-second Supplemental Indenture being supplemental thereto. AND IT IS HEREBY COVENANTED by the equal Company that all the terms, conditions, provisos, covenants and proportionate benefit provisions contained in the Mortgage, as supplemented, shall affect and security of all apply to the property hereinbefore described and singular present conveyed and future holders to the estate, rights, obligations and duties of the Bonds issued Company and the Trustees and the beneficiaries of the trust with respect to said property, and to the Trustees and their successors as Trustees of said property in the same manner and with the same effect as if the said property had been owned by the Company-New Jersey at the time of the execution of the Mortgage, and had been specifically and at length described in and conveyed to the Trustees, by the Mortgage as a part of the property therein stated to be issued under this Indentureconveyed. SUBJECT NEVERTHELESS, without preferenceto the limitation permitted by subsection (I) of Section 87 of the Mortgage, priority as supplemented, namely, that notwithstanding the foregoing, the Mortgage, as supplemented, shall not become or distinction as be or be required to become or be a lien upon any of the properties or otherwisefranchises then owned or thereafter acquired by the Company (by purchase, except as otherwise hereinafter providedconsolidation, of any one Bond over merger, donation, construction, erection or in any other Bond, way) except (a) those acquired by reason of priority in the issue, sale or negotiation thereof or otherwise; PROVIDED, HOWEVER, that if the Issuer, its successors or assigns shall pay or cause to be paid the principal of, redemption premium, if anyit from NorthWestern Energy, and interest on improvements, extensions and additions thereto and renewals and replacements thereof, (b) the Bonds due or to become due thereon, at property made and used by the times and in Company as the manner mentioned in the Bonds, and shall cause the payments to be made into the Bond Fund (as hereinafter defined) as required basis under Article V hereof or shall provide, as permitted hereby, for the payment thereof pursuant to any of the provisions of Article VII hereof, the Indenture for the authentication and shall perform all delivery of additional bonds or the covenants and conditions required withdrawal of it by this cash or the release of property or a credit under Section 39 or Section 40 of the Indenture, and shall pay or cause to be paid to the Issuer(c) such franchises, the Trustee repairs and any additional paying agents all sums of money due or to become due to them in accordance with the terms and provisions hereof, then upon such final payments, except as provided in Article VII hereof, this Indenture and the rights hereby granted shall terminate and the Trustee shall release this Indenture and shall execute such documents to evidence such termination and release property as may be reasonably required acquired, made or constructed by Company (1) to maintain, renew and preserve the franchises covered by the Issuer Indenture, or (2) to maintain the Company; otherwise this Indenture property mortgaged and intended to be mortgaged under the Indenture as an operating system or systems in good repair, working order and remain condition, or (3) in full force and effect. THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, that all Bonds from time to time issued and secured hereunder are to be issued, authenticated and delivered, and all said rebuilding or renewal of property, rights and interests, including, without limitation, the amounts hereby assigned and pledged, are to be dealt with and disposed of subject to the terms of this Lien under the Indenture, damaged or destroyed, or (4) in replacement of or substitution for machinery, apparatus, equipment, frames, towers, poles, wire, pipe, tools, implements and furniture, subject to the Issuer Lien thereunder, which shall have become old, inadequate, obsolete, worn out, unfit, unadapted, unserviceable, undesirable or unnecessary for use in the operation of the property mortgaged and intended to be mortgaged thereunder. The Company further covenants and agrees with the Trustee to and with the respective holders Trustees and owners, from time to time, of their successors in said Bonds, or part thereoftrust under the Indenture, as follows:

IN TRUST NEVERTHELESS. upon the terms and trusts herein set forth, forth for the equal and proportionate benefit benefit, security and security protection of all Holders and singular present and future holders owners of the Bonds issued under and to be issued under secured by this Indenture, without preferenceprivilege, priority or distinction as to lien or otherwiseotherwise of any of the Bonds over any of the others of the Bonds, except as otherwise hereinafter expressly provided in this Indenture, provided, of any one Bond over any other Bond, by reason of priority in the issue, sale or negotiation thereof or otherwise; PROVIDED, HOWEVERhowever, that if the Issuer, its successors or assigns assigns, shall pay well and truly pay, or cause to be paid paid, the principal of, and any applicable redemption premium, if any, and interest on of the Bonds and the interest due or to become due thereon, at the times and in the manner mentioned provided in the Bonds, Bonds according to the true intent and meaning thereof and shall cause make the payments to be made into the Bond Fund (as hereinafter defined) as required under Article V hereof this Indenture or shall provide, as permitted hereby, for the payment thereof pursuant by depositing or causing to be deposited with the provisions of Article VII hereofTrustee sufficient amounts, and shall well and truly keep, perform and observe all the covenants and conditions required pursuant to the terms of it this Indenture to be kept, performed and observed by this Indentureit, and shall pay or cause to be paid to the Issuer, the Trustee and any additional paying agents all sums of money due or to become due to them it in accordance with the terms and provisions hereof, then upon such final payments, except as provided in Article VII hereof, payments this Indenture and the rights hereby granted shall terminate cease, determine and the Trustee shall release this Indenture and shall execute such documents to evidence such termination and release as may be reasonably required by the Issuer or the Companyvoid; otherwise otherwise, this Indenture to be and remain in full force and effect. THIS INDENTURE FURTHER WITNESSETH, and it is expressly declareddeclared that, that all the Bonds from time to time issued and secured hereunder are to be issued, authenticated and delivered, delivered and all said propertyloan payments, rights revenues and interests, including, without limitation, the amounts receipts hereby assigned and pledged, pledged are to be dealt with and disposed of under, upon and subject to the terms of this Indentureterms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as hereinafter expressed, and the Issuer agrees has agreed and covenanted, and does hereby agree and covenant with the Trustee and with the respective holders Holders and owners, from time to time, time of said Bonds, the Bonds or any part thereof, as follows, that is to say:

IN TRUST NEVERTHELESS. upon the terms and trusts herein set forth, forth for the equal and proportionate benefit benefit, security and security protection of all and singular present and future holders and owners of the Bonds issued and Bonds, from time to be time, issued under and secured by this Indenture, Indenture without preferenceprivilege, priority or distinction as to the lien or otherwise, except as otherwise hereinafter provided, of any one Bond of the Bonds over any of the other Bond, by reason of priority in the issue, sale or negotiation thereof or otherwiseBonds; PROVIDED, HOWEVER, that if the Issuer, its successors or assigns shall pay well and truly pay, or cause to be paid paid, the principal of, redemption premium, if any, and interest on the Bonds due or to become due thereon, at the times and in the manner mentioned set forth in the BondsBonds according to the true intent and meaning thereof, and shall cause the payments to be made into on the Bond Fund (as hereinafter defined) Bonds as required under Article V hereof hereunder, or shall provide, as permitted herebyherein, for the payment thereof by depositing with the Trustee the entire amount due or to become due thereon, and shall well and truly cause to be kept, performed and observed all of its covenants and conditions pursuant to the provisions terms of Article VII hereof, and shall perform all the covenants and conditions required of it by this Indenture, and shall pay or cause to be paid to the Issuer, the Trustee and any additional paying agents all sums of money due or to become due to them it in accordance with the terms and provisions hereof, then upon such the final payments, except as provided in Article VII hereof, payment thereof this Indenture and the rights hereby granted shall terminate cease, determine and the Trustee shall release this Indenture and shall execute such documents to evidence such termination and release as may be reasonably required by the Issuer or the Companyvoid; otherwise this Indenture to be and shall remain in full force and effect. THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, that all Bonds from time to time issued and secured hereunder are to be issued, authenticated and delivered, delivered and all said propertyProperty, rights and interests, including, without limitation, the amounts payable under the Agreement and any other amounts hereby assigned and pledged, pledged are to be dealt with and disposed of under, upon and subject to the terms terms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as herein expressed, subject to the limitations of this IndentureSection 2.04 hereof, and the Issuer agrees has agreed and covenanted and does hereby agree and covenant with the Trustee and with the respective holders and owners, from time to time, owners of said Bonds, or part thereof, the Bonds as follows:

IN TRUST NEVERTHELESS. upon under and subject to the terms and trusts herein conditions hereinafter set forth, (a) for the equal and proportionate benefit benefit, protection and security of the Owners of any and all and singular present and future holders of the Bonds issued and to Bonds, all of which regardless of the time or times of their issuance or maturity shall be issued under this Indentureof equal rank, without preference, priority or distinction as to lien or otherwiseof any of the Bonds over any other thereof, except as otherwise hereinafter providedprovided in or pursuant to this Indenture, (b) for securing the observance and performance of any one Bond over any other Bondthe Authority's obligations and of all others of the conditions, promises, stipulations, agreements and terms and provisions of this Indenture and the uses and purposes herein expressed and declared, and (c) for the benefit of the Letter of Credit Bank, subject and subordinate to the prior rights of the Owners and only to the extent of payments made pursuant to the Letters of Credit that have not been reimbursed by reason of priority in the issue, sale or negotiation thereof or otherwise; Company. PROVIDED, HOWEVER, that if the IssuerAuthority, its successors or assigns shall pay assigns, well and truly pays, or cause causes to be paid paid, the principal of, redemption premium, of the Bonds issued hereunder and the premium (if any, ) and interest on the Bonds due or to become due thereon, and the Purchase Price thereof, at the times and in the manner mentioned in the BondsBonds and as provided herein, according to the true intent and meaning thereof, and shall cause the payments to be made into the Bond Fund (as hereinafter defined) as required under Article V hereof VI hereof, or shall provide, as permitted hereby, for the payment thereof pursuant to the provisions of in accordance with Article VII XI hereof, and shall well and truly keep, perform and observe all of the covenants and conditions required pursuant to the terms of it this Indenture and all other of the Authority's obligations to be kept, performed and observed by this Indentureit, and shall pay or cause to be paid to the Issuer, the Trustee and any additional paying agents all sums of money due or to become due to them in accordance with the terms and provisions hereof, then upon such final payments, except payments or deposits as provided in Article VII XI hereof, this Indenture and upon the rights hereby granted termination of the Agreement, the right, title and interest of the Trustee in and to the Trust Estate shall cease, terminate and be void, and the Trustee shall release this Indenture thereupon assign, transfer, and turn over the Trust Estate to the Letter of Credit Bank; provided, that if the Trustee shall have received written evidence from the Letter of Credit Bank that all obligations of the Company under the Reimbursement Agreement have been satisfied and that the Reimbursement Agreement has been terminated, or if no Letter of Credit shall then be in place for any Series of Bonds, the Trust Estate corresponding thereto shall be assigned, transferred and turned over to the Company; and the Trustee shall execute and deliver to the Authority, the Letter of Credit Bank and the Company, as appropriate, such documents instruments in writing as shall be requisite to evidence such termination transfer of the Trust Estate. Upon the Trustee's assignment, transfer and release as may be reasonably required by turning over to the Issuer Letter of Credit Bank or the Company; otherwise , as appropriate, of the Trust Estate pursuant to the provisions of Section XI hereof, the Trustee shall have no further duties, responsibilities or obligations under and pursuant to this Indenture to be and remain in full force and effectIndenture. THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, AND IT IS EXPRESSLY DECLARED that all Bonds from time to time issued and secured hereunder are to be issued, authenticated and delivered, delivered and all said property, rights and interests, including, without limitation, of the amounts Trust Estate hereby assigned and pledged, are pledged is to be dealt with and disposed of under, upon and subject to the terms of this Indentureterms, conditions, stipulations, covenants, agreements, trusts, uses and purposes hereinafter expressed, and the Issuer agrees Authority has agreed and covenanted and intending to be legally bound does hereby agree and covenant with the Trustee and with the respective holders and owners, Owners from time to time, time of said the Bonds, or any part thereof, thereof as follows:

IN TRUST NEVERTHELESS. upon the terms and trusts herein set forth, for For the equal and proportionate benefit and security of all and singular present and future holders of the Bonds bonds and interest obligations issued and or to be issued under the Indenture, and for the enforcement of the payment of said bonds and interest obligations when payable and the performance of and compliance with the covenants and conditions of the Indenture as supplemented by this Indenturesupplemental indenture, without preference, priority or distinction distinction, as to lien or otherwiseotherwise of any series of bonds over any other series of bonds, except as otherwise hereinafter provided, or of any one Bond bond over any other Bondbonds, by reason of priority in the issue, sale issue or negotiation thereof or otherwise; PROVIDED, HOWEVER, so that if the Issuer, its successors each and every bond issued or assigns shall pay or cause to be paid issued under the Indenture or secured thereby shall have the same right, lien and privilege under the Indenture as supplemented by this supplemental indenture, and so that the principal of, redemption premium, if any, and interest on the Bonds due or to become due thereonof every such bond, at the times and in the manner mentioned in the Bonds, and shall cause the payments to be made into the Bond Fund (as hereinafter defined) as required under Article V hereof or shall provide, as permitted hereby, for the payment thereof pursuant to the provisions of Article VII hereof, and shall perform all the covenants and conditions required of it by this Indenture, and shall pay or cause to be paid to the Issuer, the Trustee and any additional paying agents all sums of money due or to become due to them in accordance with the terms and provisions hereof, then upon such final payments, except as provided in Article VII hereof, this Indenture and the rights hereby granted shall terminate and the Trustee shall release this Indenture and shall execute such documents to evidence such termination and release as may be reasonably required by the Issuer or the Company; otherwise this Indenture to be and remain in full force and effect. THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, that all Bonds from time to time issued and secured hereunder are to be issued, authenticated and delivered, and all said property, rights and interests, including, without limitation, the amounts hereby assigned and pledged, are to be dealt with and disposed of subject to the terms of this the Indenture as so supplemented, be equally and proportionately secured thereby as if all had been duly made, executed, delivered, sold and negotiated simultaneously with the execution and delivery of the Indenture, it being intended that the lien and security of the Indenture shall take effect from the date of the execution and delivery thereof without regard to the time of such actual issue, sale or disposition of said bonds, and as though upon said date all of said bonds had been actually issued, sold and delivered to, and were in the hands of, holders thereof for value. AND IT IS HEREBY FURTHER COVENANTED AND DECLARED, That all such bonds are issued and certified and delivered, or to be issued and certified and delivered, and the Issuer agrees mortgaged premises and property are to be held by the Trustee, subject to the further covenants, conditions, uses and trusts in the Indenture, as supplemented by this supplemental indenture, set forth, and it is agreed and covenanted by BGE and Generation with the Trustee and with the respective holders and owners, from time to time, time of said Bonds, or part thereof, bonds issued under the Indenture as follows:

IN TRUST NEVERTHELESS. upon the terms and trusts herein set forthforth (a) first, for the equal and proportionate benefit benefit, security and security protection of all and singular present and future holders Owners of the Bonds issued and Bonds, from time to be time, issued under and secured by this Indenture, Indenture without preferenceprivilege, priority or distinction as to the lien or otherwise, except as otherwise hereinafter provided, of any one Bond of the Bonds over any of the other Bond, by reason of priority Bonds except in the issuecase of funds held hereunder for the benefit of particular Owners of Bonds, sale or negotiation thereof or otherwiseand (b) second, for the benefit of the Credit Provider to the extent provided herein; PROVIDED, HOWEVER, that if the Issuer, its successors or assigns shall pay well and truly pay, or cause to be paid paid, the principal of, redemption premium, if any, and interest on the Bonds due or to become due thereon, at the times and in the manner mentioned set forth in the BondsBonds according to the true intent and meaning thereof, and shall cause the payments to be made into on the Bond Fund (as hereinafter defined) Bonds as required under Article V hereof hereunder, or shall provide, as permitted hereby, for the payment thereof by depositing with the Trustee the entire amount due or to become due thereon, and shall well and truly cause to be kept, performed and observed all of its covenants and conditions pursuant to the provisions terms of Article VII hereof, and shall perform all the covenants and conditions required of it by this Indenture, and shall pay or cause to be paid to the Issuer, the Trustee and any additional paying agents all sums of money due or to become due to them it in accordance with the terms and provisions hereof, then upon such the final payments, except as provided in Article VII hereof, payment thereof this Indenture and the rights hereby granted shall terminate cease, determine and be void, except to the Trustee shall release this Indenture and shall execute such documents to evidence such termination and release as may be reasonably required by the Issuer or the Companyextent specifically provided in Article VDT hereof; otherwise this Indenture to be and shall remain in full force and effect. THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, that all Bonds from time to time issued and secured hereunder are to be issued, authenticated and delivered, delivered and all said property, rights and interests, including, without limitation, the amounts payable under the Agreement and any other amounts hereby assigned and pledged, pledged are to be dealt with and disposed of under, upon and subject to the terms of this Indentureterms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as herein expressed, and the Issuer agrees has agreed and covenanted, and does hereby agree and covenant with the Trustee and with the respective holders and owners, from time to time, Owners of said Bonds, or part thereof, the Bonds as follows:: ARTICLE I

IN TRUST NEVERTHELESS. upon the terms and trusts herein set forth, forth for the equal and proportionate benefit benefit, security and security protection of all and singular present and future holders Owners of the Bonds issued and Notes, from time to be time, issued under and secured by this Indenture, Indenture without preferenceprivilege, priority or distinction as to the lien or otherwise, except as otherwise hereinafter provided, of any one Bond of the Notes over any of the other Bond, by reason of priority Notes except in the issuecase of funds held hereunder for the benefit of particular Owners of Notes, sale or negotiation thereof or otherwiseand for the benefit of the Bank to the extent provided herein; PROVIDED, HOWEVER, that if the Issuer, its successors or assigns assigns, shall pay well and truly pay, or cause to be paid paid, the principal of, redemption premium, if any, and interest on the Bonds Notes due or to become due thereon, at the times and in the manner mentioned set forth in the BondsNotes according to the true intent and meaning thereof, and shall cause the payments to be made into on the Bond Fund (as hereinafter defined) Notes as required under Article V hereof IV hereof, or shall provide, as permitted hereby, for the payment thereof by depositing with the Trustee the entire amount due or to become due thereon, and shall well and truly cause to be kept, performed and observed all of its covenants and conditions pursuant to the provisions terms of Article VII hereof, and shall perform all the covenants and conditions required of it by this Indenture, and shall pay or cause to be paid to the Issuer, the Trustee and any additional paying agents all sums of money due or to become due to them it in accordance with the terms and provisions hereof, then upon such the final payments, except as provided in Article VII hereof, payment thereof this Indenture and the rights hereby granted shall terminate cease, determine and be void, except to the Trustee shall release this Indenture and shall execute such documents to evidence such termination and release as may be reasonably required by the Issuer or the Companyextent specifically provided in Article VII hereof; otherwise this Indenture to be and shall remain in full force and effect. THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, that all Bonds from time to time Notes issued and secured hereunder are to be issued, authenticated and delivered, delivered and all said property, rights and interests, including, without limitation, the amounts payable under the Agreement and any other amounts hereby assigned and pledged, pledged are to be dealt with and disposed of under, upon and subject to the terms of this Indentureterms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as herein expressed, and the Issuer agrees has agreed and covenanted, and does hereby agree and covenant with the Trustee and with the respective holders and owners, from time to time, Owners of said Bonds, or part thereof, the Notes as follows:

IN TRUST NEVERTHELESS. upon the terms and trusts herein set forth, forth for the equal and proportionate benefit benefit, security and security protection of all holders and singular present and future holders owners of the Bonds issued under and to be issued under secured by this IndentureIndenture without privilege, without preference, priority or distinction as to the lien or otherwise, except as otherwise hereinafter provided, of any one Bond of the Bonds over any of the other BondBonds; and for the benefit, by reason security and protection of priority in the issue, sale or negotiation thereof or otherwise; Bank as described above. PROVIDED, HOWEVER, that if the Issuer, its successors or assigns assigns, shall pay well and truly pay, or cause to be paid paid, the principal of, redemption premium, if any, and interest on the Bonds due or to become due thereon, at the times and in the manner mentioned in the Bonds, according to the true intent and meaning thereof, and shall cause the payments to be made into the Bond Fund (as hereinafter defined) as required under Article V 4 hereof and shall pay all amounts owing to the Bank under the Reimbursement Agreement and return the Letter of Credit to the Bank for cancellation, or shall provide, as permitted hereby, for the payment thereof pursuant by depositing with the Trustee the entire amount due or to the provisions of Article VII hereofbecome due thereon, and shall well and truly keep, perform and observe all the covenants and conditions required pursuant to the terms of it this Indenture to be kept, performed and observed by this Indentureit, and shall pay or cause to be paid to the Issuer, the Trustee and any additional paying agents all sums of money due or to become due to them in accordance with the terms and provisions hereof, then upon such final payments, except as provided in Article VII hereof, payments this Indenture and the rights hereby granted shall cease, terminate and the Trustee shall release this Indenture and shall execute such documents to evidence such termination and release as may be reasonably required by the Issuer or the Companyvoid; otherwise this Indenture to be and remain in full force and effect. THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, that all Bonds from time to time issued and secured hereunder are to be issued, authenticated and delivered, and all said property, rights revenues and interests, including, without limitation, the amounts receipts hereby pledged and assigned and pledged, are to be dealt with and disposed of under, upon and subject to the terms of this Indentureterms, conditions, stipulations, covenants, agreements, trusts, uses and purposes hereinafter expressed, and the Issuer agrees has agreed and covenanted, and does hereby agree and covenant, with the Trustee and with the respective holders and owners, from time to time, of said Bonds, or part thereofthe Bonds and the Bank, as follows:follows (provided that, in the performance of the agreements of the Issuer herein contained, any obligation it may thereby incur for the payment of money shall not be a general debt on its part or a charge against its general credit but shall be payable solely from the Trust Estate, including the Revenues):

IN TRUST NEVERTHELESS. upon the terms and trusts herein set forthforth (a) first, for the equal and proportionate benefit benefit, security and security protection of all and singular present and future holders Owners of the Bonds issued and Bonds, from time to be time, issued under and secured by this Indenture, Indenture without preferenceprivilege, priority or distinction as to the lien or otherwise, except as otherwise hereinafter provided, of any one Bond of the Bonds over any of the other Bond, by reason of priority Bonds except in the issuecase of funds held hereunder for the benefit of particular Owners of Bonds, sale or negotiation thereof or otherwiseand (b) second, for the benefit of the Credit Provider to the extent provided herein; PROVIDED, HOWEVER, that if the Issuer, its successors or assigns shall pay well and truly pay, or cause to be paid paid, the principal of, redemption premium, if any, and interest on the Bonds due or to become due thereon, at the times and in the manner mentioned set forth in the BondsBonds according to the true intent and meaning thereof, and shall cause the payments to be made into on the Bond Fund (as hereinafter defined) Bonds as required under Article V hereof hereunder, or shall provide, as permitted hereby, for the payment thereof by depositing with the Trustee the entire amount due or to become due thereon, and shall well and truly cause to be kept, performed and observed all of its covenants and conditions pursuant to the provisions terms of Article VII hereof, and shall perform all the covenants and conditions required of it by this Indenture, and shall pay or cause to be paid to the Issuer, the Trustee and any additional paying agents all sums of money due or to become due to them it in accordance with the terms and provisions hereof, then upon such the final payments, except as provided in Article VII hereof, payment thereof this Indenture and the rights hereby granted shall terminate cease, determine and be void, except to the Trustee shall release this Indenture and shall execute such documents to evidence such termination and release as may be reasonably required by the Issuer or the Companyextent specifically provided in Article VIII hereof; otherwise this Indenture to be and shall remain in full force and effect. THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, that all Bonds from time to time issued and secured hereunder are to be issued, authenticated and delivered, delivered and all said property, rights and interests, including, without limitation, the amounts payable under the Agreement and any other amounts hereby assigned and pledged, pledged are to be dealt with and disposed of under, upon and subject to the terms of this Indentureterms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as herein expressed, and the Issuer agrees has agreed and covenanted, and does hereby agree and covenant with the Trustee and with the respective holders and owners, from time to time, Owners of said Bonds, or part thereof, the Bonds as follows:: ARTICLE I