Common use of Incorporation by Reference of Auction Procedures and Settlement Procedures Clause in Contracts

Incorporation by Reference of Auction Procedures and Settlement Procedures. (a) During the Initial Interest Period, each of the Series 1997-1A Notes, the Series 1997-1B Notes, the Series 1997-1C Notes, the Series 1997- 1D Notes and the Series 1997-1E Notes shall bear interest at the Tax Exempt Auction Rate Series 1997-1 Note Initial Interest Rate for such series. Thereafter, the Tax Exempt Auction Rate Series 1997-1 Notes shall bear interest at the Auction Rate Series 1997-1 Note Interest Rate based on an Interest Period that shall be an Auction Period. The Auction Rate Series 1997-1 Note Interest Rate on each series of the Tax Exempt Auction Rate Series 1997-1 Notes for each Auction Period shall be the Auction Rate determined in accordance with Sections 3 through 12 of the First Supplemental Indenture (not to exceed 14% per annum). Pursuant to Section 8 of the First Supplemental Indenture, the Issuer has duly appointed Bankers Trust Company as Auction Agent for purposes of the Auction Procedures and to perform such other obligations and duties as are herein set forth. Bankers Trust Company hereby accepts such appointment and agrees that, on each Auction Date, it shall follow the procedures set forth in this Section 2 and the Auction Procedures for the purpose of, among other things, determining the Auction Rate, and ultimately the Auction Rate Series 1997-1 Note Interest Rate for each series of the Tax Exempt Auction Rate Series 1997-1 Notes for each Auction Period other than the Initial Interest Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction."

Incorporation by Reference of Auction Procedures and Settlement Procedures. (a) During the applicable Initial Interest Period, (x) each Class of the Series 1997-1A Notes, the Series 1997-1B Notes, the Series 1997-1C Notes, the Series 1997- 1D Notes and the Series 1997-1E Auction Rate Notes shall bear interest at the Tax Exempt Auction Rate Series 1997-1 Note Initial initial Class Interest Rate for such seriesas set forth in the Second Terms Supplement and (y) the Certificates shall bear interest at the Initial Certificate Rate as set forth in the Trust Agreement. Thereafter, the Tax Exempt each Class of Auction Rate Series 1997-1 Notes shall bear interest at the Auction Rate Series 1997-1 Note applicable Class Interest Rate and the Certificates shall bear interest at the applicable Certificate Rate, in each case based on an Interest Period that shall be an Auction Period. The Auction Rate Series 1997-1 Note Class Interest Rate on each series of or Certificate Rate, as the Tax Exempt Auction Rate Series 1997-1 Notes case may be, for each applicable Auction Period shall be the lesser of (i) the Net Loan Rate and (ii)(A) the Auction Rate determined in accordance with Sections 3 through 12 Section 2.4 and Section 2.5 of the First Supplemental Indenture Second Terms Supplement (not to exceed 14% per annum)the applicable Class Interest Rate Limitation) in the case of the Auction Rate Notes and (B) the Auction Rate determined in accordance with Section 2.1 and Section 2.2 of Appendix B of the Trust Agreement (not to exceed the Certificate Rate Limitation) in the case of the Certificates. Pursuant to Section 8 2.5.5 of the First Supplemental IndentureSecond Terms Supplement, the Issuer has duly appointed Bankers Trust Company as Auction Agent for purposes of the Auction Procedures and to perform such other obligations and duties as are herein set forth. Bankers Trust Company hereby accepts such appointment and agrees that, on each Auction Date, it shall follow the procedures set forth in this Section 2 and the Auction Procedures for the purpose of, among other things, determining the Auction Rate, and ultimately the Auction Rate Series 1997-1 Note Class Interest Rate for each series of or Certificate Rate, as the Tax Exempt Auction Rate Series 1997-1 Notes case may be, for each Auction Period other than the Initial Interest Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction."

Incorporation by Reference of Auction Procedures and Settlement Procedures. (a) During the Initial Interest Period, each of the Series 19972004-1A A1 Notes, the Series 19972004-1B A2 Notes, the Series 19972004-1C A3 Notes, the Series 1997- 1D 2004-A4 Notes, the Series 2004-A5 Notes and the Series 19972004-1E B1 Notes shall bear interest at the Tax Exempt Auction Rate Series 19972004-1 Note Initial Interest Rate for such series. Thereafter, the Tax Exempt Auction Rate Series 19972004-1 Notes shall bear interest at the Auction Rate Series 19972004-1 Note Interest Rate based on an Interest Period that shall be an Auction Period. The Auction Rate Series 19972004-1 Note Interest Auction Rate on each series of the Tax Exempt Auction Rate Series 19972004-1 Notes for each Auction Period shall be the lesser of (i) the Net Loan Rate and (ii) the Auction Rate determined in accordance with Sections 3 through 12 of the First Supplemental Indenture (not to exceed 1418% per annum). Pursuant to Section 8 of the First Supplemental Indenture, the Issuer has duly appointed Bankers Deutsche Bank Trust Company Americas as Auction Agent for purposes of the Auction Procedures and to perform such other obligations and duties as are herein set forth. Bankers Deutsche Bank Trust Company Americas hereby accepts such appointment and agrees that, on each Auction Date, it shall follow the procedures set forth in this Section 2 and the Auction Procedures for the purpose of, among other things, determining the Auction Rate, and ultimately the Auction Rate Series 19972004-1 Note Interest Auction Rate for each series of the Tax Exempt Auction Rate Series 19972004-1 Notes for each Auction Period other than the Initial Interest Period. Each periodic operation of such procedures is hereinafter referred to as an "Auction."