Common use of Refunding of Bonds Clause in Contracts

Refunding of Bonds. (1) Subject to satisfaction of the conditions set forth in this Section 2 and Section 10(c), Section 2.05 of the Indenture and the terms of the Refunded Bonds (as defined below), the Lessee shall have the right to request the Owner Trustee to, and upon any such request the Owner Trustee shall, take such steps as may be necessary to refund in whole or in part any Bonds then Outstanding (the "Refunded Bonds"), including the issuance on any Refunding Date of one or more series of Additional Bonds (any such Additional Bonds with respect to which the proceeds are used to refund the Refunded Bonds being hereinafter referred to as the "Refunding Bonds") in an aggregate principal amount equal to such Refunded Bonds; provided, however, that unless the Owner Participant shall have consented thereto, the Lessee shall not exercise the right granted in this Section 2(b) on more than six occasions. In addition, subject to the terms of the Indenture and Section 10(c), the Lessee may require the Owner Trustee to issue Additional Bonds and to use the proceeds thereof to finance (x) all fees, expenses, disbursements and costs (including legal and other professional fees and expenses) incurred by the Owner Participant, the Owner Trustee, the Indenture Trustee and the Collateral Trust Trustee (to the extent that the Lessee is liable therefor pursuant to Section 13(c)) in connection with any refunding pursuant to this Section 2(b) and (y) all fees, expenses, disbursements and costs incurred by the Lessee in connection with any such refunding pursuant to this Section 2(b), including, without limitation, the costs of preparing any related underwriting agreement and registration statement, all filing fees relating to any such registration statement, the fees, expenses and disbursements of counsel to any underwriters of the Additional Bonds, rating agency fees, and the fees and commissions of the underwriters of such Additional Bonds (including the Refunding Bonds).

Refunding of Bonds. (1) Subject to satisfaction of the conditions set forth in this Section 2 and Section 10(c), Section 2.05 of the Indenture and the terms of the Refunded Bonds (as defined below), the Lessee shall have the right to request the Owner Trustee to, and upon any such request the Owner Trustee shall, take such steps as may be necessary to refund in whole or in part any Bonds then Outstanding (the "Refunded Bonds"), including the issuance on any Refunding Date of one or more series of Additional Bonds (any such Additional Bonds with respect to which the proceeds are used to refund the Refunded Bonds being hereinafter referred to as the "Refunding Bonds") to or upon the order of Funding Corporation in an aggregate principal amount equal to such Refunded Bonds; provided, however, that unless the Owner Participant shall have consented thereto, the Lessee shall not exercise the right granted in this Section 2(b) on more than six occasions. In addition, subject to the terms of the Indenture and Section 10(c), the Lessee may require the Owner Trustee to issue Additional Bonds and to use the proceeds thereof to finance (x) all fees, expenses, disbursements and costs (including legal and other professional fees and expenses) incurred by the Owner Participant, the Owner Trustee, the Indenture Trustee and the Collateral Trust Trustee (to the extent that the Lessee is liable therefor pursuant to Section 13(c)) in connection with any refunding pursuant to this Section 2(b) and 2(b)[,][and] (y) all fees, expenses, disbursements and costs incurred by the Lessee in connection with any such refunding pursuant to this Section 2(b), including, without limitation, the costs of preparing any related underwriting agreement and registration statement, all filing fees relating to any such registration statement, the fees, expenses and disbursements of counsel to any underwriters of the Additional Bonds, rating agency fees, and the fees and commissions of the underwriters of such Additional Bonds (including the Refunding Bonds)) [and (z) any premium payable on the Refunded Bonds].

Refunding of Bonds. (1) Subject In the event that all Outstanding Bonds are paid, redeemed or deemed to satisfaction have been paid within the meaning of Article VIII hereof by reason of the conditions set forth in this Section 2 and Section 10(c), Section 2.05 application of the Indenture and the terms proceeds of the Refunded Bonds (as defined below)sale of any obligations the interest on which is exempt from federal income taxation, under an indenture other than this Indenture, the Lessee shall have the right to request the Owner Trustee to, and upon any such request the Owner Trustee shall, take without further authorization, withdraw all amounts constituting part of the Trust Estate remaining in the Capital Account and the Investment Account maintained within the Construction Fund and deposit such steps as may amounts into corresponding accounts in the construction, acquisition or other similar fund created under the indenture under which such obligations are issued, with advice to the Pollution Control Corporation and the Company of such action, such withdrawals and deposits to be necessary made, in accordance with the provisions of such indenture, on the date on which such Bonds are so paid, redeemed or deemed to refund in whole or in part any Bonds then Outstanding (the "Refunded Bonds"), including the issuance on any Refunding Date of one or more series of Additional Bonds (any such Additional Bonds with respect to which the proceeds are used to refund the Refunded Bonds being hereinafter referred to as the "Refunding Bonds") in an aggregate principal amount equal to such Refunded Bondshave been paid; provided, however, that unless the Owner Participant if Bonds shall have consented theretobeen paid, redeemed or deemed to have been paid within the meaning of Article VIII hereof by reason of the application of the proceeds of the sale of more than one issue of obligations the interest on which is excluded from gross income for federal income tax purposes under indentures other than this Indenture, the Lessee Trustee shall, if directed by an Authorized Company Representative, withdraw all amounts remaining in the Capital Account and the Investment Account maintained within the Construction Fund and such amounts shall not exercise be allocated among, and deposited into, as directed by such Authorized Company Representative, corresponding accounts in the right granted in this Section 2(b) on more than six occasions. In additionconstruction, subject acquisition or other similar funds created under the indentures under which such obligations are issued, with advice to the terms of the Indenture and Section 10(c), the Lessee may require the Owner Trustee to issue Additional Bonds and to use the proceeds thereof to finance (x) all fees, expenses, disbursements and costs (including legal and other professional fees and expenses) incurred by the Owner Participant, the Owner Trustee, the Indenture Trustee Pollution Control Corporation and the Collateral Trust Trustee (to the extent that the Lessee is liable therefor pursuant to Section 13(c)) in connection with any refunding pursuant to this Section 2(b) and (y) all fees, expenses, disbursements and costs incurred by the Lessee in connection with any such refunding pursuant to this Section 2(b), including, without limitation, the costs of preparing any related underwriting agreement and registration statement, all filing fees relating to any such registration statement, the fees, expenses and disbursements of counsel to any underwriters of the Additional Bonds, rating agency fees, and the fees and commissions of the underwriters Company of such Additional action, such withdrawals and deposits to be made, in accordance with the provisions of such indentures, on the date on which all Bonds (including the Refunding Bonds)are so paid, redeemed or deemed to have been paid.