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(a) The sum of (i) the principal amount of the <br />Original Bonds, (ii) the outstanding face amount of <br />prior issues, if any, described in Section 144(a)(2) <br />of the Code and (iii) the amount of capital expendi- <br />tures with respect to "facilities" as defined in <br />Section 144(a)(4)(B) of the Code, other than those <br />financed or to be financed out of proceeds of the <br />Original Bonds or any such prior issues or those <br />mentioned in Section 144(a)(C) of the Code ("Capital <br />Expenditures"), made during the six-year period begin- <br />ning three years preceding the date of delivery of the <br />Original Bonds to the original purchaser thereof and <br />ending three years after such date of delivery did not <br />and will not exceed $10,000,000. <br /> <br /> (b) The Company, and any other principal users <br />of the Project, filed a copy of such election made by <br />the Issuer with its federal income tax returns for <br />1984, 1985 and 1986. <br /> <br /> (D) Section 7.1 of the Original Agreement shall be deleted and in <br />its place the following shall be substituted: <br /> <br /> Section 7.1 Events of Default. Each of the following shall be <br />an Event of Default: <br /> <br /> (a) The company shall fail to pay any Loan <br />Payment on or prior to the date on which that Loan <br />Payment is due and payable and continuing for a period <br />of ten days thereafter; provided, however, that no <br />Event of Default shall occur if, in lieu of any Loan <br />Payment, the Company pays on or prior to the date on <br />which that payment is due an amount equal to the <br />Alternate Loan Payment and if the Company pays the <br />Final Payment on September 1, 2002; <br /> <br /> (b) The Company shall fail to deliver to the <br />Trustee, or cause to be delivered on its behalf, the <br />moneys needed to redeem any outstanding Project Bonds <br />in the manner and upon the date requested in writing <br />by the Trustee as provided in Section 6.1, 6.2, 6.3 or <br />6.4 of this Agreement; <br /> <br /> (c) The Company shall fail. to observe and per- <br />form any other agreement, term or condition contained <br />in this Agreement, and the continuation of such <br />failure for a period of thirty days after notice <br />thereof shall have been given to the Company by the <br />Issuer or the Trustee, or for such longer period as <br />the Issuer and the Trustee may agree to in writing; <br />provided, that if the failure is other than the pay- <br />ment of money and is of such nature that it can be <br /> <br />- 14 - <br /> <br /> <br />