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<br />16 <br /> <br />Interest Period Reset Date, to be the lowest interest rate, for the period from the Interest Period <br />Reset Date to the final maturity date of the Project Bonds, in the judgment of the Remarketing <br />Agent (taking into consideration current transactions and comparable securities with which the <br />Remarketing Agent is involved or of which it is aware and prevailing financial market conditions) <br />at which, as of such Interest Rate Determination Date, the applicable Project Bonds could be <br />remarketed at par, plus accrued interest (if any), on the Interest Period Reset Date, or (b) in the <br />event that the Remarketing Agent has been removed or has resigned and no successor has been <br />appointed or the Remarketing Agent has failed to determine the Fixed Interest Rate for whatever <br />reason, or the Fixed Interest Rate cannot be determined pursuant to clause (a) for whatever reason, <br />the interest rate then in effect with respect to the applicable Project Bonds, without adjustment; <br />provided that in no event shall the Fixed Interest Rate exceed 9% per annum. <br />“Fixed Interest Rate Commencement Date” means the Interest Period Reset Date from and <br />after which the Project Bonds shall bear interest at the Fixed Interest Rate, as that date shall be <br />established as provided in Section 2.03 hereof. <br />“Governmental Authority” means the government of the United States or any other nation, <br />or of any political subdivision thereof, whether state or local, and any department, commission, <br />board, bureau, agency, authority, instrumentality, regulatory body, court, central bank or other <br />entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or <br />functions of or pertaining to government (including any supra national bodies such as the European <br />Union or the European Central Bank) and any group or body charged with setting financial <br />accounting or regulatory capital rules or standards (including the Financial Accounting Standards <br />Board, the Bank for International Settlements or the Basel Committee on Banking Supervision or <br />any successor or similar authority to any of the foregoing). <br />“Government Obligations” means direct obligations of (including obligations issued or <br />held in book-entry form on the books of) the Department of the Treasury of the United States of <br />America. <br />“Holder” or “Holder of a Bond” or “Bondholder” means the Person in whose name a Bond <br />is registered on the Register. <br />“Indenture” means this Second Amended and Restated Indenture, as amended or <br />supplemented from time to time. <br />“Indirect Participant” means a Person utilizing the book-entry system of the Depository by, <br />directly or indirectly, clearing through or maintaining a custodial relationship with a Direct <br />Participant. <br />“Initial BSBY Rate Bond Purchaser” means Citizens Bank, N.A., a national banking <br />association (successor by merger to Citizens Bank of Pennsylvania), as the purchaser and Holder <br />with respect to the Bonds as of January 3, 2012, and its successors and assigns. <br />“Initial BSBY Rate Period” means the period from May , 2022, to, and including, the <br />Initial BSBY Rate Period Termination Date.