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according to the true intent and meaning thereof, or the Outstanding Bonds shall have been paid
and discharged in accordance with Article IX hereof, and
(ii) if all of the covenants, agreements, obligations, terms and conditions of the Issuer
under this Indenture shall have been kept, performed and observed and there shall have been paid
to the Trustee, the Registrar and the Paying Agents all sums of money due or to become due to
them in accordance with the terms and provisions hereof,
then this Indenture and the rights assigned hereby shall cease, determine and be void, except as provided in
Section 9.03 hereof with respect to the survival of certain provisions hereof; otherwise, this Indenture shall
be and remain in full force and effect.
It is declared that all Bonds issued hereunder and secured hereby are to be issued, authenticated
and delivered, and that all Issuer Revenues assigned hereby are to be dealt with and disposed of under, upon
and subject to, the terms, conditions, stipulations, covenants, agreements, obligations, trusts, uses and
purposes provided in this Indenture. The Issuer has agreed and covenanted, and agrees and covenants with
the Trustee and with each and all Holders, as follows:
ARTICLE I
DEFINITIONS
Section 1.01 Definitions. In addition to the words and terms defined elsewhere in this Indenture
or by reference to the Loan Agreement, unless the context or use clearly indicates another meaning or intent:
“Act” has the meaning given to such term in the Recitals hereto.
“Additional Payments” means the amounts required to be paid by the Borrower pursuant to the
provisions of Section 4.2 of the Loan Agreement.
“Administrative Fee” means the administrative fees of the Issuer payable pursuant to Section 4.2(f)
of the Loan Agreement and equal to one half of one percent of the original principal amount of the Bonds
financed, with such administrative fee payable on a one time basis at Closing.
“Affiliate” of any specified Person means any other Person directly or indirectly controlling or
controlled by or under direct or indirect common control with such specified Person. For purposes of this
definition, “control” when used with respect to any specified Person means the power to direct the policies
of such Person, directly or indirectly, whether through the power to appoint and remove its directors, the
ownership of voting securities, by contract, or otherwise; the terms “controlling” and “controlled” have
meanings correlative to the foregoing.
“Attesting Officer” means such officer or official of the Issuer who in accordance with the Bond
Resolution, the laws of the Commonwealth, the bylaws or other governing documents of the Issuer or
practice or custom, regularly certifies official acts and records of the Issuer, and includes any assistant or
deputy officer to the principal officer or officers exercising such responsibilities.
“Authenticating Agent” has the meaning provided in Section 6.13 hereof.
“Authorized Borrower Representative” means the person or persons designated to act on behalf of
the Borrower by written certificate furnished to the Issuer and the Trustee containing the specimen signature
of such person and signed on behalf of the Borrower by an officer of the General Partner, which certificate
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