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Section 6(c) of this Appendix such adjustment shall not have taken effect, then an <br /> Auction shall not be held on the Auction Date immediately preceding the next <br /> succeeding Auction Period and the Applicable ARS Rate for such next succeeding <br /> Auction Period shall equal the sum of the Maximum Rate on such Auction Date and <br /> the Service Charge Rate on such Auction Date; <br /> (ii) if, at the close of business on the Auction Record Date all outstanding <br /> ARS are Fixed, then an Auction shall not be held with respect to the succeeding <br /> Auction Period and the Applicable ARS Rate for such Auction Period shall equal the <br /> Fixed Rate on the Business Day immediately preceding the first day of such Auction <br /> Period; and <br /> (iii) if, on any Auction Date, an Auction is not held for any reason other than <br /> because all outstanding ARS are Fixed, then the Applicable ARS Rate for the next <br /> succeeding Auction Period shall equal the sum of the Maximum Rate on such <br /> Auction Date and the Service Charge Rate on such Auction Date. <br /> Notwithstanding the foregoing: <br /> (x) if the ownership of ARS is no longer maintained in book-entry form by <br /> the Securities Depository, the Applicable ARS Rate for any Auction Period <br /> commencing after the delivery of certificates representing ARS pursuant to Section <br /> 3.01 of the Indenture shall equal the Maximum Rate on the Business Day <br /> immediately preceding the first day of such succeeding Auction Period; or <br /> (y) if a Payment Default shall have occurred, the Applicable ARS Rate for <br /> each Auction Period commencing on or immediately after the occurrence of such <br /> Payment Default to and including the Auction Period, if any, during which, or <br /> commencing less than two Business Days after, such Payment Default is cured in <br /> accordance with this Appendix, shall equal the Non-Payment Rate plus the Service <br /> Charge Rate; the Applicable ARS Rate for each Auction Period commencing at least <br /> two Business Days after any cure or waiver of a Payment Default shall be the rate <br /> determined through implementation of the Auction Procedures plus the Service <br /> Charge Rate. <br /> (d) Applicable IRS Rate. For each maturity of Regular IRS, the Applicable <br /> IRS Rate for each Auction Period shall be equal to the result taken to one thousandth (.001) <br /> of 1% (without rounding), of (A) the applicable Fixed Rate multiplied by two, minus (ii) <br /> the Applicable ARS Rate for such maturity for such Auction Period multiplied by the <br /> Applicable Day Count Fraction. Interest on the IRS shall be computed on the basis of the <br /> number of days elapsed (based on twelve 30-day months) in a year of 360 days. For <br /> purposes of the Applicable IRS Rate, the Applicable ARS Rate is multiplied by the <br /> Applicable Day Count Fraction in order to adjust such rate (which is calculated on the basis <br /> of actual days elapsed) to a rate per annum calculated on the basis of twelve 30-day <br /> months. <br /> LA1-63221.5 A-12 <br />