First Quarterly Payment Date. Anything to the contrary in this Indenture notwithstanding, for the first Payment Date following the Issue Date— (i) the Excess Cash shall be an amount equal to the positive difference, if any, between (I) the Pre-Issue Excess Cash, determined as of the Issue Date and (II) the amount paid as a redemption payment on the Notes in accordance with subsection (a) above; (ii) the calculation of Excess Cash required by Section 3.03(b)(i) shall be in the form of Appendix G; (iii) references in this Article 3 to the end of or the last day of the Fiscal Quarter immediately preceding the Payment Date shall be deemed to refer to the Issue Date, other than in Section 3.03(b)(iv) in which the reference shall be deemed to refer to the Initial Excess Cash Payment Date, and references to the Excess Cash for the Fiscal Quarter immediately preceding the Payment Date shall be deemed to refer to the amount calculated pursuant to Section 3.09(b)(i); (iv) no determination of Indenture Agent Expenses shall be made as otherwise provided in Section 3.03(c), and no payment of Indenture Agent Expenses shall be made as otherwise provided in Section 3.06(a)(i); and (v) for purposes of Sections 3.05(d)(ii) and 3.05(ii), references to the Interest Reserve Amount as of the end of the immediately preceding Fiscal Quarter shall be deemed to mean $25 million.
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Sources: Indenture (Capmark Affordable Properties LLC), Indenture