Common use of Payments of Interest and Principal Clause in Contracts

Payments of Interest and Principal. The Paying Agent shall act as Paying Agent for the Bonds and in such capacity it shall: (i) with funds provided by Issuer, pay the interest upon the Bonds by mailing checks to the persons entitled to receive such interest, as determined by the registry of the Issuer maintained by the Paying Agent, provided that Issuer shall have deposited with the Paying Agent, on or before the day upon which interest checks are to be mailed, sufficient funds to cover payment of such interest; (ii) with funds provided by Issuer, pay the principal amount (including premium, if any) of the Bonds to the registered holders of such Bonds, upon the maturity date or earlier redemption date upon which the principal is to become payable and upon delivery to the Paying Agent of a Bond certificate with respect to which such principal payment shall have become payable, provided that the Issuer shall have deposited with the Paying Agent, on or before the payment date, sufficient immediately available funds to pay the aggregate principal amount (including premium, if any) due on all Bonds so payable; (iii) if a Bondholder shall report to the Paying Agent that any check so mailed for the payment of interest or principal has been lost and that the proceeds thereof, have not been received and if the check has not been paid then, upon execution of an indemnity agreement satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver to such Bondholder a new check for like amount; provided, however, that it may, at its discretion, defer the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and (v) have no liability for interest on any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds will be escheated in accordance with applicable law and the Paying Agent’s policies and procedures.

Payments of Interest and Principal. The Paying Agent (a) Subject to the provisions of Section 5.05(b) below, each Loan shall act as Paying Agent bear interest on the outstanding principal amount thereof for the Bonds and in such capacity it shall:Interest Period at a rate per annum equal to the Standard Rate for the Interest Period. (b) If (i) with funds provided by Issuer, pay the interest upon the Bonds by mailing checks to the persons entitled to receive such interest, as determined any amount payable by the registry of the Issuer maintained Borrower under any Loan Document is not paid when due, whether at stated maturity, by the Paying Agentacceleration or otherwise, provided that Issuer shall have deposited with the Paying Agent, on or before the day upon which interest checks are to be mailed, sufficient funds to cover payment of such interest; (ii) with funds provided by Issueran Event of Default occurs pursuant to Section 11.01(e) or Section 11.01(f) or (iii) the Borrower is in default of its obligations under Section 7.26, pay the principal amount all outstanding Obligations shall thereafter bear interest (including premiumpost-petition interest in any proceeding under any Debtor Relief Law), if any) payable on demand, at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws until such defaulted amount shall have been paid in full or such failure to comply with Section 7.26 shall have been waived (as applicable). Payment or acceptance of the Bonds increased rates of interest provided for in this Section 5.05(b) is not a permitted alternative to timely payment and shall not constitute a waiver of any Event of Default or otherwise prejudice or limit any rights or remedies of any Secured Party. (c) Interest on each Loan shall be due and payable in arrears (i) on each Payment Date, (ii) on the Maturity Date, (iii) upon prepayment of any Loans in accordance with Section 5.03 and (iv) at maturity (whether by acceleration or otherwise), provided, that interest payable pursuant to Section 5.05(b) shall be payable on demand. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Debtor Relief Law. (d) On each Payment Date, the Borrower shall pay principal then due on the Loans. The principal due in respect of the Term Loans on each Payment Date are set forth on Annex A, as such Annex is amended from time to time in accordance with the terms of this Agreement (the “Amortization Schedule”). The Amortization Schedule (a) shall be updated (i) on the date of any funding of any Delayed Draw Term Loan pursuant to Section 2.02 and (ii) as necessary on or prior to each Payment Date to take into account the reduction of principal in connection with any voluntary prepayment or mandatory prepayment on the Term Loans pursuant to Section 5.02 or Section 5.03 occurring since the last Payment Date and (b) any such updated Amortization Schedule shall be delivered to the registered holders Borrower within five (5) Business Days of the date of (A) any date of funding of any such Delayed Draw Term Loan or (B) any such voluntary prepayment or mandatory prepayment of Term Loans, as applicable. The Borrower shall have not more than five (5) Business Days following receipt of the updated Amortization Schedule to (i) notify Administrative Agent of any corrections that are not inconsistent with the terms of this Agreement or (ii) confirm in writing the accuracy of such Bonds, upon updated Amortization Schedule. Once the maturity date or earlier redemption date upon which Borrower has confirmed in writing the principal is to become payable accuracy of the updated [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and upon delivery filed separately with the Securities and Exchange Commission. Amortization Schedule (inclusive of any corrections suggested by Borrower pursuant to the Paying immediately previous sentence), the Administrative Agent shall send such updated Amortization Schedule to each of the Lenders, provided, that, Borrower shall be deemed to have confirmed the accuracy of any such updated Amortization Schedule if it does not notify the Administrative Agent of a Bond certificate any corrections within five (5) Business Days of initial receipt of the updated Amortization Schedule. (e) To the extent not previously paid, the Borrower shall repay to the Administrative Agent, for the account of the Term Lenders, each Term Loan in full, together with all accrued and unpaid interest thereon and fees and costs and other amounts due and payable under the Loan Documents with respect to which such principal payment Term Loans, on the Maturity Date. (f) The Borrower shall have become payable, provided that repay to the Issuer shall have deposited with the Paying Administrative Agent, for the account of the Working Capital Lenders, each Working Capital Loan in full, together with all accrued and unpaid interest thereon and fees and costs and other amounts due and payable under the Loan Documents with respect to such Working Capital Loans, (i) at least once each calendar year, such that there is zero principal outstanding under the Working Capital Loans for at least five (5) consecutive Business Days in any calendar year and (ii) on or before the payment date, sufficient immediately available funds to pay the aggregate principal amount (including premium, if any) due on all Bonds so payable;Maturity Date. (iiig) if To the extent not previously paid from cash applied on a Bondholder shall report Payment Date pursuant to the Paying Agent that any check so mailed Depository Agreement, the Borrower shall repay to the Administrative Agent, for the payment account of the LC Lenders, each LC Loan in full, together with all accrued and unpaid interest or principal has been lost thereon and that fees and costs and other amounts due and payable under the proceeds thereof, have not been received and if the check has not been paid then, upon execution of an indemnity agreement satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver Loan Documents with respect to such Bondholder a new check for like amount; providedLC Loans, however, that it may, at its discretion, defer on the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and (v) have no liability for interest on any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds will be escheated in accordance with applicable law and the Paying Agent’s policies and proceduresMaturity Date.

Payments of Interest and Principal. The Paying Agent All interest under the Loans shall act as Paying be computed on the basis of a year containing three hundred sixty (360) days for the actual number of days elapsed. Payments of interest (and principal after the Change Date) shall be due and payable to the Agent for the Bonds account of each Lender in accordance with the terms and provisions of the Notes, and interest shall accrue at the rate of interest provided in such capacity it shall: the Notes for each Advance thereunder. Borrowers shall provide written notice of payment to Agent one (i1) with funds provided by Issuer, pay the interest upon the Bonds by mailing checks Business Day prior to the persons entitled to receive such interestmaking of any payment of principal, as determined by interest and/or fees under the registry Notes. Each payment of the Issuer maintained by the Paying Agentprincipal, provided that Issuer shall have deposited with the Paying Agentinterest and/or fees, on or before the day upon which interest checks are and any other amounts required to be mailed, sufficient funds to cover payment of such interest; (ii) with funds provided by Issuer, pay the principal amount (including premium, if any) of the Bonds paid to the registered holders of such Bonds, upon the maturity date or earlier redemption date upon which the principal is to become payable and upon delivery to the Paying Agent of a Bond certificate Lenders with respect to which such principal payment the Loans, shall have become payablebe made to the Agent at the Agent's offices located at 125 ▇. ▇▇▇▇ ▇▇▇▇▇▇, provided that ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇r the Issuer shall have deposited with the Paying Agentaccount of each Lender, on or before the payment date, sufficient in Dollars and in immediately available funds before 12:00 p.m. (Boca Raton, Florida time) on the date such payment is due. The Agent shall deem any payment made by or on behalf of the Borrowers that is not made in immediately available funds and prior to pay 12:00 p.m. (Boca Raton, Florida time) to be a non-conforming payment, which shall not be deemed to be received by the aggregate Agent until the later of (a) the time such funds become available funds or (b) the next Business Day. Any non-conforming payment may constitute or become an Event of Default hereunder. Interest shall continue to accrue on any principal amount as to which a non-conforming payment is made until the later of (including premiuma) the date such funds become available funds or (b) the next Business Day. All payments to be made by the Borrowers for the account of the Lenders on account of principal, if any) due on all Bonds so payable; (iii) if a Bondholder interest and/or fees, shall report be made without diminution, setoff, recoupment or counterclaim. The Agent will distribute to the Paying Agent that any check so mailed for Lenders the above set forth payment of interest or principal has been lost and that the proceeds thereof, have not been received and if the check has not been paid then, upon execution of an indemnity agreement satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver to such Bondholder a new check for like amount; provided, however, that it may, at its discretion, defer the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and (v) have no liability for interest on any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds will be escheated in accordance with applicable law the terms and the Paying Agent’s policies and proceduresprovisions of Article 3, Section 3.7 of this Agreement.

Payments of Interest and Principal. The Paying Agent (a) Subject to the provisions of Section 4.05(b) below, each Loan shall act as Paying Agent for bear interest on the Bonds and in such capacity it shall:outstanding principal amount thereof at a rate per annum equal to the Applicable Interest Rate. (b) If (i) with funds provided by Issuer, pay the interest upon the Bonds by mailing checks to the persons entitled to receive such interest, as determined any amount payable by the registry of the Issuer maintained Borrower under any Loan Document is not paid when due, whether at stated maturity, by the Paying Agent, provided that Issuer shall have deposited with the Paying Agent, on acceleration or before the day upon which interest checks are to be mailed, sufficient funds to cover payment of such interest; otherwise or (ii) with funds provided by Issueran Event of Default occurs pursuant to Section 10.01(e) or Section 10.01(f), pay the principal amount all outstanding Obligations shall thereafter bear interest (including premiumpost-petition interest in any proceeding under any Debtor Relief Law), if any) payable on demand, at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws until such defaulted amount shall have been paid in full or shall have been waived (as applicable). Payment or acceptance of the Bonds increased rates of interest provided for in this Section 4.05(b) is not a permitted alternative to timely payment and shall not constitute a waiver of any Event of Default or otherwise prejudice or limit any rights or remedies of any Secured Party. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. (c) Interest on each Loan shall be due and payable in arrears (i) on each Payment Date, (ii) on the Maturity Date, (iii) upon prepayment of any Loans in accordance with Section 4.03 and (iv) at maturity (whether by acceleration or otherwise), provided, that interest payable pursuant to Section 4.05(b) shall be payable on demand. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Debtor Relief Law. (d) On each Payment Date following the expiration of the Availability Period, the Borrower shall pay principal then due on the Loans in accordance with the most recent Amortization Schedule. (e) To the extent not previously paid, the Borrower shall repay to the registered holders Administrative Agent, for the account of such Bondsthe Delayed Draw Lenders, upon each Delayed Draw Loan in full, together with all accrued and unpaid interest thereon and fees and costs and other amounts due and payable under the maturity date or earlier redemption date upon which the principal is to become payable and upon delivery to the Paying Agent of a Bond certificate Loan Documents with respect to which such principal payment Delayed Draw Loans, on the Maturity Date. (f) To the extent not previously paid from cash applied on a Payment Date pursuant to the Depository Agreement, the Borrower shall have become payable, provided that repay to the Issuer shall have deposited with the Paying Administrative Agent, on or before the payment date, sufficient immediately available funds to pay the aggregate principal amount (including premium, if any) due on all Bonds so payable; (iii) if a Bondholder shall report to the Paying Agent that any check so mailed for the payment account of the LC Lenders, each LC Loan in full, together with all accrued and unpaid interest or principal has been lost thereon and that fees and costs and other amounts due and payable under the proceeds thereof, have not been received and if the check has not been paid then, upon execution of an indemnity agreement satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver Loan Documents with respect to such Bondholder a new check for like amount; providedLC Loans, however, that it may, at its discretion, defer on the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and (v) have no liability for interest on any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds will be escheated in accordance with applicable law and the Paying Agent’s policies and proceduresMaturity Date.

Payments of Interest and Principal. The Paying Agent (a) Subject to the provisions of Section 4.05(b) below, each Loan shall act as Paying Agent for bear interest on the Bonds and in such capacity it shall:outstanding principal amount thereof at a rate per annum equal to the Applicable Interest Rate. (b) If (i) with funds provided by Issuer, pay the interest upon the Bonds by mailing checks to the persons entitled to receive such interest, as determined any amount payable by the registry of the Issuer maintained Borrower under any Loan Document is not paid when due, whether at stated maturity, by the Paying Agent, provided that Issuer shall have deposited with the Paying Agent, on acceleration or before the day upon which interest checks are to be mailed, sufficient funds to cover payment of such interest; otherwise or (ii) with funds provided by Issueran Event of Default occurs pursuant to Section 10.01(e) or Section 10.01(f), pay the principal amount all outstanding Obligations shall thereafter bear interest (including premiumpost-petition interest in any proceeding under any Debtor Relief Law), if any) payable on demand, at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws until such defaulted amount shall have been paid in full or shall have been waived (as applicable). Payment or acceptance of the Bonds increased rates of interest provided for in this Section 4.05(b) is not a permitted alternative to timely payment and shall not constitute a waiver of any Event of Default or otherwise prejudice or limit any rights or remedies of any Secured Party. (c) Interest on each Loan shall be due and payable in arrears (i) on each Payment Date, (ii) on the Maturity Date, (iii) upon prepayment of any Loans in accordance with Section 4.03 and (iv) at maturity (whether by acceleration or otherwise), provided, that interest payable pursuant to Section 4.05(b) shall be payable on demand. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Debtor Relief Law. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. (d) On each Payment Date following the expiration of the Availability Period, the Borrower shall pay principal then due on the Loans in accordance with the most recent Amortization Schedule. (e) To the extent not previously paid, the Borrower shall repay to the registered holders Administrative Agent, for the account of such Bondsthe Delayed Draw Lenders, upon each Delayed Draw Loan in full, together with all accrued and unpaid interest thereon and fees and costs and other amounts due and payable under the maturity date or earlier redemption date upon which the principal is to become payable and upon delivery to the Paying Agent of a Bond certificate Loan Documents with respect to which such principal payment Delayed Draw Loans, on the Maturity Date. (f) To the extent not previously paid from cash applied on a Payment Date pursuant to the Depository Agreement, the Borrower shall have become payable, provided that repay to the Issuer shall have deposited with the Paying Administrative Agent, on or before the payment date, sufficient immediately available funds to pay the aggregate principal amount (including premium, if any) due on all Bonds so payable; (iii) if a Bondholder shall report to the Paying Agent that any check so mailed for the payment account of the LC Lenders, each LC Loan in full, together with all accrued and unpaid interest or principal has been lost thereon and that fees and costs and other amounts due and payable under the proceeds thereof, have not been received and if the check has not been paid then, upon execution of an indemnity agreement satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver Loan Documents with respect to such Bondholder a new check for like amount; providedLC Loans, however, that it may, at its discretion, defer on the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and (v) have no liability for interest on any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds will be escheated in accordance with applicable law and the Paying Agent’s policies and proceduresMaturity Date.

Payments of Interest and Principal. (a) The Paying Agent outstanding principal balance of this Debenture shall act as Paying Agent for be due and payable on the Bonds and in such capacity it shall: earlier of (i) with funds provided by Issuer, pay thirty (30) days from the interest upon date the Bonds by mailing checks to the persons entitled to receive such interest, as determined Company's registration statement filed on Form SB-2 is declared effective by the registry of the Issuer maintained by the Paying AgentSecurities and Exchange Commission, provided that Issuer shall have deposited with SBI (as defined in the Paying Agent, on Registration Statement) has not defaulted in its obligation to purchase or before the day upon which interest checks are to be mailed, sufficient funds to cover payment of such interest; (ii) twelve (12) months from the date the Registration Statement is declared effective or (iii) eighteen (18) months from the date of this Debenture (the "Maturity Date"). (b) From the date hereof through the Maturity Date, the unpaid principal balance shall bear interest at the rate of twenty-four percent (24%) per annum. The Interest shall be due and payable on the first business day of each month commencing April 1, 2004 and continuing each month thereafter until the obligations described herein have been satisfied. (c) If the Company should fail to pay any installment of principal or interest, or other amounts payable pursuant to this Debenture, within ten (10) days when due, including when due as a result of acceleration or if Holder should for any reason be required to pay over any amount collected on this Debenture to another creditor of the Company, the Company shall pay additional interest on all such defaulted amounts at the lesser of the then applicable interest rate plus two percent (2%) per annum or the maximum rate permitted by law from the date of default to the date of payment. Amounts payable under this Section shall be payable on demand. (d) If the Company should fail to pay any installment of principal or interest, or the amounts payable pursuant to this Debenture, within ten (10) days of when due, the Holder shall have the right to convert all or part of this Debenture, at any time or from time to time, into shares of the Company's common stock. The Holder must deliver notice of his, their or its intent to convert (the "Notice of Conversion") in accordance with funds provided by Issuer, pay the principal amount Section 9 of this Debenture. The conversion price shall be equal to seventy-five percent (including premium, if any75%) of the Bonds lowest bid price for the Company's common stock for the five (5) trading days preceding the date of the Notice of Conversion. (e) All amounts payable hereunder shall be made by the Company by wire transfer or by any other method approved in advance by ▇▇▇▇▇▇ at the place designated by ▇▇▇▇▇▇ in writing to the registered holders of such Bonds, upon the maturity date or earlier redemption date upon which the principal is to become payable and upon delivery to the Paying Agent of a Bond certificate with respect to which such principal payment shall have become payable, provided that the Issuer shall have deposited with the Paying Agent, on or before the payment date, sufficient Company in immediately available and freely transferable funds to pay the aggregate principal amount (including premium, if any) due on all Bonds so payable; (iii) if a Bondholder shall report to the Paying Agent that any check so mailed for the payment at such place of interest or principal has been lost and that the proceeds thereof, have not been received and if the check has not been paid then, upon execution of an indemnity agreement satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver to such Bondholder a new check for like amount; provided, however, that it may, at its discretion, defer the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and (v) have no liability for interest on any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds will be escheated in accordance with applicable law and the Paying Agent’s policies and procedures.

Payments of Interest and Principal. The Paying Agent (a) Subject to the provisions of Section 4.05(b) below, each Loan shall act as Paying Agent for bear interest on the Bonds and in such capacity it shall:outstanding principal amount thereof at a rate per annum equal to the Applicable Interest Rate. (b) If (i) with funds provided by Issuer, pay the interest upon the Bonds by mailing checks to the persons entitled to receive such interest, as determined any amount payable by the registry of the Issuer maintained Borrower under any Loan Document is not paid when due, whether at stated maturity, by the Paying Agent, provided that Issuer shall have deposited with the Paying Agent, on acceleration or before the day upon which interest checks are to be mailed, sufficient funds to cover payment of such interest; otherwise or (ii) with funds provided by Issueran Event of Default occurs pursuant to Section 10.01(e) or Section 10.01(f), pay the principal amount all outstanding Obligations shall thereafter bear interest (including premiumpost-petition interest in any proceeding under any Debtor Relief Law), if any) payable on demand, at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws until such defaulted amount shall have been paid in full shall have been waived (as applicable). Payment or acceptance of the Bonds increased rates of [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. interest provided for in this Section 4.05(b) is not a permitted alternative to timely payment and shall not constitute a waiver of any Event of Default or otherwise prejudice or limit any rights or remedies of any Secured Party. (c) Interest on each Loan shall be due and payable in arrears (i) on each Payment Date, (ii) on the Maturity Date, (iii) upon prepayment of any Loans in accordance with Section 4.03 and (iv) at maturity (whether by acceleration or otherwise), provided, that interest payable pursuant to Section 4.05(b) shall be payable on demand. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Debtor Relief Law. (d) On each Payment Date following the expiration of the Availability Period, the Borrower shall pay principal then due on the Loans in accordance with the most recent Amortization Schedule. (e) To the extent not previously paid, the Borrower shall repay to the registered holders Administrative Agent, for the account of such Bondsthe Revolving Lenders, upon each Revolving Loan in full, together with all accrued and unpaid interest thereon and fees and costs and other amounts due and payable under the maturity date or earlier redemption date upon which the principal is to become payable and upon delivery to the Paying Agent of a Bond certificate Loan Documents with respect to which such principal payment Revolving Loans, on the Maturity Date. (f) To the extent not previously paid from cash applied on a Payment Date pursuant to the Depository Agreement, the Borrower shall have become payable, provided that repay to the Issuer shall have deposited with the Paying Administrative Agent, on or before the payment date, sufficient immediately available funds to pay the aggregate principal amount (including premium, if any) due on all Bonds so payable; (iii) if a Bondholder shall report to the Paying Agent that any check so mailed for the payment account of the LC Lenders, each LC Loan in full, together with all accrued and unpaid interest or principal has been lost thereon and that fees and costs and other amounts due and payable under the proceeds thereof, have not been received and if the check has not been paid then, upon execution of an indemnity agreement satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver Loan Documents with respect to such Bondholder a new check for like amount; providedLC Loans, however, that it may, at its discretion, defer on the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and (v) have no liability for interest on any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds will be escheated in accordance with applicable law and the Paying Agent’s policies and proceduresMaturity Date.

Payments of Interest and Principal. The Paying Agent Borrowers shall act make payments of interest and principal on the Notes as Paying Agent for the Bonds and in such capacity it shallfollows: (i) On each Due Date commencing with the first Due Date, and on each Due Date thereafter through and including the Maturity Date for any Component then outstanding (except as modified by clause (ii) of this Section 2.4(A)), the Borrowers shall make (a) first, payment of all Administrative Fees then due and owing under the Loan Documents, which funds provided shall be applied as permitted by Issuerthe Trust Agreement, pay (b) second, a payment of interest at the interest upon applicable Component Rate on each Component for the Bonds by mailing checks Interest Accrual Period ending immediately following such Due Date, and (c) third, a payment of principal on the Loan, if any, each of which shall be paid in accordance with Section 3.3(a) of the Cash Management Agreement. Notwithstanding the foregoing, during the continuance of an Event of Default, payments shall be applied to the persons entitled to receive such interest, as determined Obligations in accordance with Section 3.3(e) of the Cash Management Agreement. Upon repayment by the registry Borrowers in full of all of their Obligations under the Loan Documents, those limited liability company certificates delivered to the Lender shall be returned to the Borrowers pursuant to the terms of the Issuer maintained by the Paying Agent, provided that Issuer shall have deposited with the Paying Agent, on or before the day upon which interest checks are to be mailed, sufficient funds to cover payment of such interest;Pledge Agreement. (ii) with funds Commencing on the first Due Date after the commencement of an Amortization Period, and on each Due Date during such Amortization Period, 100% of Excess Cash Flow on such Due Date shall be due. Until paid as provided by Issuer, pay the principal amount (including premium, if any) for in Section 3.3 of the Bonds Cash Management Agreement, payment of interest accruing in an amount equal to the registered holders excess of (x) the applicable ARD Component Rate for each Component over (y) the applicable Component Rate for such BondsComponent, upon shall be deferred (the maturity date or earlier redemption date upon which the principal is to become payable and upon delivery to the Paying Agent of a Bond certificate with respect to which such principal payment “Post-ARD Additional Interest”). Post-ARD Additional Interest shall have become payable, provided that the Issuer shall have deposited with the Paying Agent, on or before the payment date, sufficient immediately available funds to pay the aggregate principal amount (including premium, if any) due on all Bonds so payable;not bear interest. (iii) if If a Bondholder shall report Value Reduction Amount is determined to the Paying Agent that any check so mailed for the payment of interest or principal has been lost and that the proceeds thereof, have not been received and if the check has not been paid then, upon execution of an indemnity agreement satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver to such Bondholder a new check for like amount; provided, however, that it may, at its discretion, defer the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and (v) have no liability for interest on any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds will be escheated exist in accordance with applicable law the Trust Agreement, commencing on the first Due Date after such Value Reduction Amount is in effect, the interest due on any Component shall be the amount of accrued and unpaid interest on such Component calculated as if the Paying Agent’s policies Component Principal Balance thereof had been reduced by the portion of the Value Reduction Amount allocated to such Component. The Value Reduction Amount shall be applied to the principal amounts of the Components in inverse order of alphabetical designation, and proceduresamong the Components of the same alphabetical designation pro rata based on the Component Principal Balance. Until paid as provided for in Section 3.3 of the Cash Management Agreement, interest accrued and not paid as a consequence of a Value Reduction Amount shall be deferred and, on each Due Date, shall be added to any interest previously deferred pursuant to this sentence and remaining unpaid (“Value Reduction Accrued Interest”). Value Reduction Accrued Interest shall not bear interest.

Payments of Interest and Principal. The Paying Agent shall act as Paying Agent for the Bonds or Notes and in such capacity as it shall: (i) with funds provided by Issuer, pay the interest upon the Bonds or Notes by mailing checks to the persons entitled to receive such interest, as determined by the registry of the Issuer maintained by the Paying Agent, provided that Issuer shall have deposited with the Paying Agent, on or before the day upon which interest checks are to be mailed, sufficient funds to cover payment of such interest; (ii) with funds provided by Issuer, pay the principal amount (including premium, if any) of the Bonds or Notes to the registered holders of such BondsBonds or Notes, upon the maturity date or earlier redemption date upon which the principal is to become payable and upon delivery to the Paying Agent of a Bond Note certificate with respect to which such principal payment shall have become payable, provided that the Issuer shall have deposited with the Paying Agent, on or before the payment date, sufficient immediately available funds to pay the aggregate principal amount (including premium, if any) due on all Bonds or Notes so payable; (iii) if a Bondholder or Noteholder shall report to the Paying Agent that any check so mailed for the payment of interest or principal has been lost and that the proceeds thereof, have not been received and if the check has not been paid then, upon execution of an indemnity agreement agreement, in form satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver to such Bondholder or Noteholder a new check for like amount; provided, however, that it may, at its discretion, defer the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds or Notes surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and (v) have no liability for interest on any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds or Notes will be escheated in accordance with applicable law and the Paying Agent’s policies and procedureslaw.

Payments of Interest and Principal. The Paying Agent (a) Subject to the provisions of Section 4.05(b) below, each Loan shall act as Paying Agent for bear interest on the Bonds and in such capacity it shall:outstanding principal amount thereof at a rate per annum equal to the Applicable Interest Rate. (b) If (i) with funds provided by Issuer, pay the interest upon the Bonds by mailing checks to the persons entitled to receive such interest, as determined any amount payable by the registry of the Issuer maintained Borrower under any Loan Document is not paid when due, whether at stated maturity, by the Paying Agent, provided that Issuer shall have deposited with the Paying Agent, on acceleration or before the day upon which interest checks are to be mailed, sufficient funds to cover payment of such interest; otherwise or (ii) with funds provided by Issueran Event of Default occurs pursuant to Section 10.01(e) or Section 10.01(f), pay the principal amount all outstanding Obligations shall thereafter bear interest (including premiumpost-petition interest in any proceeding under any Debtor Relief Law), if any) payable on demand, at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws until such defaulted amount shall have been paid in full shall have been waived (as applicable). Payment or acceptance of the Bonds increased rates of interest provided for in this Section 4.05(b) is not a permitted alternative to timely payment and shall not constitute a waiver of any Event of Default or otherwise prejudice or limit any rights or remedies of any Secured Party. (c) Interest on each Loan shall be due and payable in arrears (i) on each Payment Date, (ii) on the Maturity Date, (iii) upon prepayment of any Loans in accordance with Section 4.03 and (iv) at maturity (whether by acceleration or otherwise), provided, that interest payable pursuant to Section 4.05(b) shall be payable on demand. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Debtor Relief Law. (d) On each Payment Date following the expiration of the Availability Period, the Borrower shall pay principal then due on the Loans in accordance with the most recent Amortization Schedule. (e) To the extent not previously paid, the Borrower shall repay to the registered holders Administrative Agent, for the account of such Bondsthe Revolving Lenders, upon each Revolving Loan in full, together with all accrued and unpaid interest thereon and fees and costs and other amounts due and payable under the maturity date or earlier redemption date upon which the principal is to become payable and upon delivery to the Paying Agent of a Bond certificate Loan Documents with respect to which such principal payment shall have become payableRevolving Loans, provided that on the Issuer shall have deposited Maturity Date. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Paying Securities and Exchange Commission. (f) To the extent not previously paid from cash applied on a Payment Date pursuant to the Depository Agreement, the Borrower shall repay to the Administrative Agent, on or before the payment date, sufficient immediately available funds to pay the aggregate principal amount (including premium, if any) due on all Bonds so payable; (iii) if a Bondholder shall report to the Paying Agent that any check so mailed for the payment account of the LC Lenders, each LC Loan in full, together with all accrued and unpaid interest or principal has been lost thereon and that fees and costs and other amounts due and payable under the proceeds thereof, have not been received and if the check has not been paid then, upon execution of an indemnity agreement satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver Loan Documents with respect to such Bondholder a new check for like amount; providedLC Loans, however, that it may, at its discretion, defer on the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and (v) have no liability for interest on any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds will be escheated in accordance with applicable law and the Paying Agent’s policies and proceduresMaturity Date.

Payments of Interest and Principal. The Paying Agent (a) Subject to the provisions of Section 4.05(b) below, each Loan shall act as Paying Agent for bear interest on the Bonds and in such capacity it shall:outstanding principal amount thereof at a rate per annum equal to the Applicable Interest Rate. (b) If (i) with funds provided by Issuer, pay the interest upon the Bonds by mailing checks to the persons entitled to receive such interest, as determined any amount payable by the registry of the Issuer maintained Borrower under any Loan Document is not paid when due, whether at stated maturity, by the Paying Agent, provided that Issuer shall have deposited with the Paying Agent, on acceleration or before the day upon which interest checks are to be mailed, sufficient funds to cover payment of such interest; otherwise or (ii) with funds provided by Issueran Event of Default occurs pursuant to Section 10.01(e) or Section 10.01(f), pay the principal amount all outstanding Obligations shall thereafter bear interest (including premiumpost-petition interest in any proceeding under any Debtor Relief Law), if any) payable on demand, at a fluctuating interest rate per annum at all times equal to the Default Rate to the fullest extent permitted by applicable Laws until such defaulted amount shall have been paid in full shall have been waived (as applicable). Payment or acceptance of the Bonds increased rates of interest provided for in this Section 4.05(b) is not a permitted alternative to timely payment and shall not constitute a waiver of any Event of Default or otherwise prejudice or limit any rights or remedies of any Secured Party. (c) Interest on each Loan shall be due and payable in arrears (i) on each Payment Date, (ii) on the Maturity Date, (iii) upon prepayment of any Loans in accordance with Section 4.03 and (iv) at maturity (whether by acceleration or otherwise), provided, that interest payable pursuant to Section 4.05(b) shall be payable on demand. Interest hereunder shall be due and payable in accordance with the terms hereof before and after judgment, and before and after the commencement of any proceeding under any Debtor Relief Law. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission. (d) On each Payment Date following the expiration of the Availability Period, the Borrower shall pay principal then due on the Loans in accordance with the most recent Amortization Schedule. (e) To the extent not previously paid, the Borrower shall repay to the registered holders Administrative Agent, for the account of such Bondsthe Revolving Lenders, upon each Revolving Loan in full, together with all accrued and unpaid interest thereon and fees and costs and other amounts due and payable under the maturity date or earlier redemption date upon which the principal is to become payable and upon delivery to the Paying Agent of a Bond certificate Loan Documents with respect to which such principal payment Revolving Loans, on the Maturity Date. (f) To the extent not previously paid from cash applied on a Payment Date pursuant to the Depository Agreement, the Borrower shall have become payable, provided that repay to the Issuer shall have deposited with the Paying Administrative Agent, on or before the payment date, sufficient immediately available funds to pay the aggregate principal amount (including premium, if any) due on all Bonds so payable; (iii) if a Bondholder shall report to the Paying Agent that any check so mailed for the payment account of the LC Lenders, each LC Loan in full, together with all accrued and unpaid interest or principal has been lost thereon and that fees and costs and other amounts due and payable under the proceeds thereof, have not been received and if the check has not been paid then, upon execution of an indemnity agreement satisfactory to the Paying Agent and the Issuer, stop payment upon such check, and issue and deliver Loan Documents with respect to such Bondholder a new check for like amount; providedLC Loans, however, that it may, at its discretion, defer on the issuance of the new check for a reasonable period of time; (iv) record the fact of payment and cancel Bonds surrendered to it for payment, coincident with such payment being made to the person thereto entitled; and (v) have no liability for interest on any funds received by it; any unclaimed funds remaining in the possession of the Paying Agent for payment of the Bonds will be escheated in accordance with applicable law and the Paying Agent’s policies and proceduresMaturity Date.