Common use of OPTIONS OF BORROWER TO PREPAY Clause in Contracts

OPTIONS OF BORROWER TO PREPAY. Section 9.01 Options of Borrower to Prepay Repayment Installments. 20 Section 9.02 Exercise of Option. 20 Section 9.03 Mandatory Prepayment of Repayment Installments. 21 Section 9.04 Amount of Prepayment. 21 ARTICLE X PURCHASE AND REMARKETING OF BONDS Section 10.01 Purchase of Bonds. 21 Section 10.02 Optional Purchase of Bonds. 22 Section 10.03 Determination of Interest Rate Periods. 22 ARTICLE XI MISCELLANEOUS Section 11.01 Term of Agreement. 22 Section 11.02 Notices. 22 Section 11.03 Parties in Interest. 23 Section 11.04 Extent of Covenants of the Issuer; No Personal Liability. 24 Section 11.05 Confirmation of Request by the Borrower. 24 Section 11.06 Amendments. 24 Section 11.07 Counterparts. 24 Section 11.08 Severability. 24 Section 11.09 Governing Law; Venue. 24 Section 11.10 Statutory Notice. 24 Section 11.11 Bond Insurer as Third-Party Beneficiary. 25 EXHIBIT A DESCRIPTION OF THE PROJECT LOAN AGREEMENT THIS LOAN AGREEMENT, dated as of July 1, 2005 (this “Agreement”), is made by and between MARICOPA COUNTY, ARIZONA POLLUTION CONTROL CORPORATION, a nonprofit corporation designated as a political subdivision of the State of Arizona, incorporated for and with the approval of the County of Maricopa, Arizona, existing under the Constitution and laws of the State of Arizona (the “Issuer”), and EL PASO ELECTRIC COMPANY, a corporation organized and existing under the laws of the State of Texas (the “Borrower”).

OPTIONS OF BORROWER TO PREPAY. Section 9.01 9.01. Options of Borrower to Prepay Repayment InstallmentsInstallments 22 Section 9.02. 20 Section 9.02 Exercise of OptionOption 22 Section 9.03. 20 Section 9.03 Mandatory Prepayment of Repayment InstallmentsInstallments 23 Section 9.04. 21 Section 9.04 Amount of Prepayment. 21 Prepayment 23 ARTICLE X PURCHASE AND REMARKETING OF BONDS Section 10.01 10.01. Purchase of BondsBonds 23 Section 10.02. 21 Section 10.02 Optional Purchase of BondsBonds 24 Section 10.03. 22 Section 10.03 Determination of Interest Rate Periods. 22 Periods 24 ARTICLE XI MISCELLANEOUS Section 11.01 11.01. Term of AgreementAgreement 24 Section 11.02. 22 Notices 24 Section 11.02 Notices11.03. 22 Section 11.03 Parties in InterestInterest 25 Section 11.04. 23 Section 11.04 Extent of Covenants of the Issuer; No Personal LiabilityLiability 25 Section 11.05. 24 Section 11.05 Confirmation of Request by the BorrowerBorrower 25 Section 11.06. 24 Amendments 26 Section 11.06 Amendments11.07. 24 Counterparts 26 Section 11.07 Counterparts11.08. 24 Severability 26 Section 11.08 Severability11.09. 24 Section 11.09 Governing Law; VenueVenue 26 Section 11.10. 24 Statutory Notice 26 Section 11.10 Statutory Notice11.11. 24 Section 11.11 Bond Insurer as Third-Party Beneficiary. 25 Beneficiary 26 EXHIBIT A DESCRIPTION OF THE PROJECT LOAN AGREEMENT THIS LOAN AGREEMENT, dated as of July March 1, 2005 2009 (this “Agreement”), is made by and between MARICOPA COUNTY, ARIZONA POLLUTION CONTROL CORPORATION, a nonprofit corporation designated as a political subdivision of the State of Arizona, incorporated for and with the approval of the County of Maricopa, Arizona, existing under the Constitution and laws of the State of Arizona (the “Issuer”), and EL PASO ELECTRIC COMPANY, a corporation organized and existing under the laws of the State of Texas (the “Borrower”).

OPTIONS OF BORROWER TO PREPAY. Section 9.01 9.01. Options of Borrower to Prepay Repayment InstallmentsInstallments 21 Section 9.02. 20 Section 9.02 Exercise of OptionOption 22 Section 9.03. 20 Section 9.03 Mandatory Prepayment of Repayment InstallmentsInstallments 22 Section 9.04. 21 Section 9.04 Amount of Prepayment. 21 Prepayment 22 ARTICLE X PURCHASE AND REMARKETING OF BONDS Section 10.01 10.01. Purchase of BondsBonds 23 Section 10.02. 21 Section 10.02 Optional Purchase of BondsBonds 23 Section 10.03. 22 Section 10.03 Determination of Interest Rate Periods. 22 Periods 23 ARTICLE XI MISCELLANEOUS Section 11.01 11.01. Term of AgreementAgreement 24 Section 11.02. 22 Notices 24 Section 11.02 Notices11.03. 22 Section 11.03 Parties in InterestInterest 25 Section 11.04. 23 Section 11.04 Extent of Covenants of the Issuer; No Personal LiabilityLiability 25 Section 11.05. 24 Section 11.05 Confirmation of Request by the BorrowerBorrower 25 Section 11.06. 24 Amendments 25 Section 11.06 Amendments11.07. 24 Counterparts 25 Section 11.07 Counterparts11.08. 24 Severability 25 Section 11.08 Severability11.09. 24 Section 11.09 Governing Law; VenueVenue 26 Section 11.10. 24 Section 11.10 Statutory Notice. 24 Section 11.11 Bond Insurer as Third-Party Beneficiary. 25 Notice 26 EXHIBIT A DESCRIPTION OF THE PROJECT LOAN AGREEMENT THIS LOAN AGREEMENT, dated as of July August 1, 2005 2012 (this “Agreement”), is made by and between MARICOPA COUNTY, ARIZONA POLLUTION CONTROL CORPORATION, a nonprofit corporation designated as a political subdivision of the State of Arizona, incorporated for and with the approval of the County of Maricopa, Arizona, existing under the Constitution and laws of the State of Arizona (the “Issuer”), and EL PASO ELECTRIC COMPANY, a corporation organized and existing under the laws of the State of Texas (the “Borrower”).