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<br />of Credit or the Confirming Letter of Credit until all outstanding draws thereunder have been
<br />honored.
<br />
<br />Section 2.13. Rates Generally; Certain Provisions Relating to the Bonds during the BSBY
<br />Rate Period. Bonds in the BSBY Rate Mode shall bear interest at the BSBY Rate, as determined
<br />by the BSBY Rate Calculation Agent on each BSBY Rate Adjustment Date. During the Initial
<br />BSBY Rate Period, the following additional terms and provisions shall apply with respect to the
<br />Bonds:
<br />
<br />(a) Rates Generally. BSBY Rate Calculation Agent does not warrant or
<br />accept responsibility for, and shall not have any liability with respect to (i) administration,
<br />construction, calculation, publication, continuation, discontinuation, movement, or
<br />regulation of, or any other matter related to, the Alternate Base Rate, the Benchmark
<br />(including, in the case of the BSBY Screen Rate, the Alternative Calculation Waterfall
<br />defined or set forth in BSBY’s index methodology and rulebook, as published on the BSBY
<br />Website), or any alternative, successor or replacement rate thereto (including any
<br />Benchmark Replacement), any component definition thereof or rates referred to in the
<br />definition thereof, including whether any Benchmark is similar to, or will produce the same
<br />value or economic equivalence of, any other rate or whether financial instruments
<br />referencing or underlying the Benchmark will have the same volume or liquidity as those
<br />referencing or underlying any other rate, (ii) the impact of any regulatory statements about,
<br />or actions taken with respect to any Benchmark (or component thereof), (iii) changes made
<br />by any administrator to the methodology used to calculate any Benchmark (or component
<br />thereof) or (iv) the effect, implementation or composition of any Conforming Changes.
<br />BSBY Rate Calculation Agent and its affiliates or other related entities may engage in
<br />transactions that affect the calculation of the Alternate Base Rate, the Benchmark, any
<br />alternative, successor or replacement rate (including any Benchmark Replacement) or any
<br />relevant adjustments thereto, in each case, in a manner adverse to Borrower. BSBY Rate
<br />Calculation Agent does not warrant or accept responsibility for, and shall not have any
<br />liability with respect to, such transactions. BSBY Rate Calculation Agent may select
<br />information sources or services in its reasonable discretion to ascertain the Alternate Base
<br />Rate, the Benchmark, or any alternative, successor or replacement rate (including any
<br />Benchmark Replacement), in each case pursuant to the terms of the Agreement and the
<br />Note, and shall have no liability to Borrower, any Holder or any other person or entity for
<br />damages of any kind, including direct or indirect, special, punitive, incidental or
<br />consequential damages, costs, losses or expenses (whether in tort, contract or otherwise
<br />and whether at law or in equity), for any error or calculation of any such rate (or component
<br />thereof) provided by any such information source or service.
<br />(b) Disclosures Regarding BSBY. Each party to this Indenture
<br />acknowledges and understands that:
<br />(i) BSBY is administered, constructed, calculated and published by
<br />Bloomberg and its administration, construction, calculation, publication, continuation,
<br />discontinuation, movement, and regulation is not controlled by the BSBY Rate Calculation
<br />Agent and may change without prior notice to the BSBY Rate Calculation Agent,
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