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(2) the address of the designated office of the Trustee at which the Holders should
deliver their Bonds for purchase and the date of the required delivery;
(3) that all Outstanding Bonds will be purchased on the Mandatory Tender Date at a
price equal to the principal amount of the Outstanding Bonds plus interest accrued to the Mandatory
Tender Date; and
(4) any Bonds not tendered will nevertheless be deemed to have been tendered and
will cease to bear interest from and after the Mandatory Tender Date.
(b) Second Notice. If the Bonds are not in the Book-Entry System and in the event that any
Bond required to be delivered to the Trustee for payment of the purchase price of such Bond shall not have
been delivered to the Trustee on or before the 30th day following a Mandatory Tender Date, the Trustee
shall e-mail or mail a second notice to the Holder of the Bond at its address as shown on the Register setting
forth the requirements set forth in this Indenture for delivery of the Bond to the Trustee and stating that
delivery of the Bond to the Trustee (or compliance with the provisions of this Indenture concerning payment
of lost, stolen or destroyed Bonds) must be accomplished as a condition to payment of the purchase price
or redemption price applicable to the Bond.
(c) Failure to Give Notice. Neither failure to give or receive any notice described in this
Section, nor the lack of timeliness of such notice or any defect in any notice (or in its content) shall affect
the validity or sufficiency of any action required or provided for in this Section.
Section 4.05 Remarketing of Bonds.
(a) Notice of Mandatory Tender. No later than 11:00 a.m. Local Time on the 35th day prior
to each Mandatory Tender Date, the Trustee shall give notice in writing to the Remarketing Notice Parties
which states the aggregate principal amount of the Bonds which are to be tendered or deemed to be tendered
pursuant to Section 4.03 hereof.
(b) Preliminary Conditions to Remarketing. No later than 11:00 a.m. Local Time on the 30th
day prior to the Mandatory Tender Date then in effect, the Borrower may give notice in writing to the
Remarketing Notice Parties that the Borrower elects to cause the Bonds to be remarketed. A remarketing
of the Bonds shall be permitted only if the following conditions are satisfied no later than the time the
foregoing election notice is given:
(1) Notice by the Borrower to the Remarketing Agent of the Remarketing Period
pursuant to Section 3.10 of the Loan Agreement;
(2) Delivery to the Trustee, the Remarketing Agent, and the Rating Agency of a
preliminary Cash Flow Projection with respect to the proposed Remarketing Period; and
(3) The Borrower shall have notified the Trustee in writing that it has approved as to
form and substance any disclosure document or offering materials which, in the discretion of the
Remarketing Agent, is necessary to be used in connection with the remarketing of the Outstanding
Bonds.
(c) Remarketing. Not less than 10 days before each Remarketing Date, the Remarketing Agent
shall offer for sale and use its best efforts to sell the Bonds Outstanding on the Remarketing Date at a price
equal to 100% of the principal amount of such Bonds in accordance with Section 2.04(c) hereof plus, if
such Remarketing Date is a date other than an Interest Payment Date, accrued interest on such Bonds from
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