Common use of Note Interest Rate Clause in Contracts

Note Interest Rate. The determination of an Auction Rate Series 1997-1 ------------------------- Note Interest Rate by the Auction Agent or any other Person pursuant to the provisions of the applicable Section of this First Supplemental Indenture shall be conclusive and binding on the Holders of the series of Auction Rate Series 1997-1 Notes to which such Auction Rate Series 1997-1 Note Interest Rate applies, and the Corporation and the Trustee may rely thereon for all purposes. In no event shall the cumulative amount of interest paid or payable on a series of Auction Rate Series 1997-1 Notes (including interest calculated as provided herein, plus any other amounts that constitute interest on the Auction Rate Series 1997-1 Notes of such series under applicable law, which are contracted for, charged, reserved, taken or received pursuant to the Auction Rate Series 1997-1 Notes of such series or related documents) calculated from the date of issuance of such series through any subsequent day during the term of such series or otherwise prior to payment in full of the Auction Rate Series 1997-1 Notes of such series exceed the amount permitted by applicable law. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Auction Rate Series 1997-1 Notes of a series or related documents or otherwise contracted for, charged, reserved, taken or received in connection with the Auction Rate Series 1997-1 Notes of such series, or if the redemption, prepayment or acceleration of the maturity of the Auction Rate Series 1997-1 Notes of such series results in payment to or receipt by the Holder or any former Holder of the Auction Rate Series 1997-1 Notes of such series of any interest in excess of that permitted by applicable law, then, notwithstanding any provision of the Auction Rate Series 1997-1 Notes of such series or related documents to the contrary, all excess amounts theretofore paid or received with respect to the Auction Rate Series 1997-1 Notes of such series shall be credited on the Principal Amount of the Auction Rate Series 1997-1 Notes of such series (or, if the Auction Rate Series 1997-1 Notes of such series have been paid or would thereby be paid in full, refunded by the recipient thereof), and the provisions of the Auction Rate Series 1997-1 Notes of such series and related documents shall automatically and immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for under the Auction Rate Series 1997-1 Notes of such series and under the related documents.

Note Interest Rate. The determination of an Auction Rate a Series 19972001-1 ------------------------- Note Interest Rate by the Auction Agent or any other Person pursuant to the provisions of the applicable Section of this First Third Supplemental Indenture shall be conclusive and binding on the Holders of the series of Auction Rate Series 19972001-1 Notes to which such Auction Rate Series 19972001-1 Note Interest Rate applies, and the Corporation and the Trustee may rely thereon for all purposes. In no event shall the cumulative amount of interest paid or payable on a series of Auction Rate Series 19972001-1 Notes (including interest calculated as provided herein, plus any other amounts that constitute interest on the Auction Rate Series 19972001-1 Notes of such series under applicable law, which are contracted for, charged, reserved, taken or received pursuant to the Auction Rate Series 19972001-1 Notes of such series or related documents) calculated from the date of issuance of such series through any subsequent day during the term of such series or otherwise prior to payment in full of the Auction Rate Series 19972001-1 Notes of such series exceed the amount permitted by applicable law. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the Auction Rate Series 19972001-1 Notes of a series or related documents or otherwise contracted for, charged, reserved, taken or received in connection with the Auction Rate Series 19972001-1 Notes of such series, or if the redemption, prepayment redemption or acceleration of the maturity of the Auction Rate Series 19972001-1 Notes of such series results in payment to or receipt by the Holder or any former Holder of the Auction Rate Series 19972001-1 Notes of such series of any interest in excess of that permitted by applicable law, then, notwithstanding any provision of the Auction Rate Series 19972001-1 Notes of such series or related documents to the contrary, all excess amounts theretofore paid or received with respect to the Auction Rate Series 19972001-1 Notes of such series shall be credited on the Principal Amount principal balance of the Auction Rate Series 19972001-1 Notes of such series (or, if the Auction Rate Series 19972001-1 Notes of such series have been paid or would thereby be paid in full, refunded by the recipient thereof), and the provisions of the Auction Rate Series 19972001-1 Notes of such series and related documents shall automatically and immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for under the Auction Rate Series 19972001-1 Notes of such series and under the related documents.