Basin Electric Power Cooperative - Page 16

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               County will issue the Refunding Bonds and purchase the                 
               Refunding Series B Secured Note from the Owner Trustee                 
               with the proceeds of the Refunding Bonds, (ii) the                     
               Owner Trustee will prepay the Initial Series B Secured                 
               Note with the proceeds of the sale of the Refunding                    
               Series B Secured Note and Supplemental Rent paid by the                
               Lessee, (iii) the County will use the funds received                   
               from the Owner Trustee in respect of the prepayment of                 
               the Initial Series B Secured Notes to redeem the Bonds                 
               * * *.                                                                 
               The modified 1985 sale and leaseback detailed the calcula-             
          tion of petitioner’s annual basic rent obligation in pertinent              
          part as follows:                                                            
               (3) the amount of Basic Rent payable on each Basic                     
               Rent Payment Date following such refinancing [of the                   
               1984 tax-exempt bonds] shall be reduced by the amount                  
               of Bond Premium, Owner Participant’s Refunding Transac-                
               tion Expenses and Lessee’s [petitioner’s] Refunding                    
               Transaction Expenses paid by the Lessee in connection                  
               with such refinancing and not previously taken into                    
               account in any adjustment to Basic Rent plus interest                  
               at the Weighted Average Cost of Capital [8.34 percent],                
               compounded semi-annually, on any such amounts paid by                  
               the Lessee from the date of payment by the Lessee to                   
               the date of recovery through a reduction in Basic Rent                 
               pursuant to this Clause 3;                                             
               (4) after the Lessee has recovered the amounts de-                     
               scribed in paragraph (3) above, the amount of Basic                    
               Rent payable on any Basic Rent Payment Date following                  
               such refinancing shall be reduced by an amount equal to                
               80% of the difference between the interest that would                  
               have been payable on such Basic Rent Payment Date with                 
               respect to the prepaid Series B Secured Note and the                   
               interest payable on such Basic Rent Payment Date with                  
               respect to the Series B Refunding Note;                                
               As described in the foregoing excerpt from the modified 1985           
          sale and leaseback, the 1992 amendments did not effect a reduc-             
          tion in petitioner’s minimum annual basic rent obligation until             
          the redemption of the 1984 tax-exempt bonds and the issuance of             





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Last modified: May 25, 2011