OBLIGATIONS INTO FLOATING RATE
OBLIGATIONS; OR (II) ENTER INTO, AND SHALL NOT PERMIT ANY SUBSIDIARY TO ENTER
INTO, ANY FORWARD PURCHASE AND/OR SALE, OR OTHER FORWARD ACQUISITION OR
DISPOSITION, OF ENERGY OR TRANSMISSION RIGHTS, OR ANY ENERGY TOLLING
TRANSACTIONS, AS SELLER OF TOLLING SERVICES, IN EACH CASE, OTHER THAN ANY
PURCHASE, SALE OR OTHER TRANSACTION ENTERED INTO IN THE ORDINARY COURSE OF THE
BORROWER'S OR ANY SUBSIDIARY'S BUSINESS AND NOT FOR SPECULATIVE PURPOSES.
(Q)
INDENTURES.
SUBJECT ANY ADDITIONAL ASSETS (OTHER THAN PURSUANT TO
THE ANY AFTER-ACQUIRED OR SIMILAR CLAUSE) TO THE LIEN OF, OR ISSUE ADDITIONAL
BONDS UNDER, (I) THE ST. JOSEPH POWER & LIGHT INDENTURE, (II) THE INDENTURE OR
MORTGAGE AND DEED OF TRUST DATED AS OF APRIL 1, 2003, BETWEEN THE BORROWER AND
BANK ONE TRUST COMPANY, NA, AS TRUSTEE (AS AMENDED OR SUPPLEMENTED FROM TIME TO
TIME), OR (III) ANY OTHER MORTGAGE INDENTURE ENTERED INTO BY THE
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BORROWER, UNLESS, IN EACH CASE, DONE IN CONNECTION WITH A TRANSACTION PERMITTED
BY THE TERMS OF THIS AGREEMENT.
ARTICLE VI
EVENTS OF DEFAULT
SECTION 6.01.
EVENTS OF DEFAULT.
IF ANY OF THE FOLLOWING EVENTS
("EVENTS OF DEFAULT") SHALL OCCUR AND BE CONTINUING:
(A)
THE BORROWER SHALL FAIL TO PAY (I) ANY PRINCIPAL OF ANY LOAN WHEN
THE SAME BECOMES DUE AND PAYABLE OR (II) ANY INTEREST ON ANY LOAN OR ANY FEE OR
ANY OTHER PAYMENT DUE IN CONNECTION WITH THIS AGREEMENT, ANY NOTE OR ANY OTHER
LOAN DOCUMENT WITHIN THREE (3) DAYS AFTER SUCH INTEREST, FEE OR OTHER PAYMENT
BECOMES DUE AND PAYABLE; OR
(B)
ANY REPRESENTATION OR WARRANTY MADE OR DEEMED MADE BY OR ON BEHALF
OF THE BORROWER HEREIN OR IN ANY OTHER LOAN DOCUMENT OR IN ANY NOTICE,
CERTIFICATE, DOCUMENT OR OTHER INSTRUMENT DELIVERED BY THE BORROWER IN
CONNECTION WITH THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT SHALL PROVE TO HAVE
BEEN INCORRECT IN ANY MATERIAL RESPECT ON OR AS OF THE DATE MADE OR DEEMED MADE;
OR
(C)
THE BORROWER SHALL DEFAULT IN THE OBSERVANCE OR PERFORMANCE OF ANY
AGREEMENT CONTAINED IN SECTION 5.02; OR
(D)
THE BORROWER SHALL DEFAULT IN THE OBSERVANCE OR PERFORMANCE OF ANY
OTHER AGREEMENT CONTAINED IN THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT, AND SUCH
DEFAULT SHALL CONTINUE UNREMEDIED FOR A PERIOD OF THIRTY (30) DAYS AFTER THE
EARLIER OF NOTICE THEREOF BEING PROVIDED BY THE ADMINISTRATIVE AGENT OR THE
REQUIRED LENDERS OR DISCOVERY THEREOF BY A RESPONSIBLE OFFICER OF THE BORROWER;
OR
(E)
THE BORROWER OR ANY MATERIAL SUBSIDIARY SHALL (I) DEFAULT IN ANY
PAYMENT (REGARDLESS OF AMOUNT) OF PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON
ANY DEBT HAVING AN AGGREGATE PRINCIPAL AMOUNT IN EXCESS OF $40,000,000 (OTHER
THAN THE LOANS) BEYOND THE GRACE PERIOD, IF ANY, PROVIDED IN THE INSTRUMENT OR
AGREEMENT UNDER WHICH SUCH DEBT WAS CREATED OR (II) DEFAULT IN THE OBSERVANCE OR
PERFORMANCE OF ANY OTHER AGREEMENT OR CONDITION RELATING TO ANY SUCH DEBT OR
CONTAINED IN ANY INSTRUMENT OR AGREEMENT EVIDENCING, SECURING OR RELATING
THERETO, OR ANY OTHER EVENT SHALL OCCUR