Section 1.02. Except where the context otherwise requires, the following terms have the following meanings wherever used in this Agreement or any Schedule to this Agreement:
(a) The term "RWE" shall mean Rheinisch-Westfälisches Elektrizitätswerk Aktiengesellschaft, a company organized and existing under the laws of the Federal Republic of Germany;
(b) The term " EVS " shall mean Energie-Versorgung Schwaben A.G., a company organized and existing under the laws of the Federal Republic of Germany;
(c) The term "Illwerke-Agreement " shall mean the agreement dated July 1, 1953, known as the " Illwerke-Vertrag 1952," between the Borrower, RWE, and EVS;
(d) The term "Assignment" shall mean the assignment provided for in Section 5.03 (b) of this Agreement;
(e) The term "Mortgage" shall mean collectively the original mortgage, and any supplemental mortgage, created pursuant to Section 5.04 (a) of this Agreement.
Article I
THE LOAN
Section 2.01. The Bank agrees to lend to the Borrower, on the terms and conditions in this Agreement set forth or referred to, an amount in various currencies equivalent to ten million dollars ($10,000,000).
Section 2.02. The Bank shall open a Loan Account on its books in the name of the Borrower and shall credit to such Account the amount of the Loan. The amount of the Loan may be withdrawn from the Loan Account as provided in, and subject to the rights of cancellation and suspension set forth in, the Loan Regulations.
Section 2.03. The Borrower shall pay to the Bank a commitment charge at the rate of three-fourths of one per cent (3/4 of 1%) per annum on the principal amount of the Loan not so withdrawn from time to time. The date specified for the purpose of Section 2.02 of the Loan Regulations is a date 90 days after the date of this Agreement or the Effective Date, whichever shall be the earlier.
Section 2.04. The Borrower shall pay interest at the rate of four and three-fourths per cent (4¾%) per annum on the principal amount of the Loan so withdrawn and outstanding from time to time.
Section 2.05. Except as the Bank and the Borrower shall otherwise agree, the charge payable for special commitments entered into by the Bank at the request of the Borrower pursuant to Section 4.02 of the Loan Regulations shall be at the rate of one-half of one per cent (1/2 of 1%) per annum on the principal amount of any such special commitments outstanding from time to time.
Section 2.06. Interest and other charges shall be payable semi-annually on May 1st and November 1st in each year.
Section 2.07. The Borrower shall repay the principal of the Loan in accordance with the amortization schedule set forth in Schedule 1[1] to this Agreement.
- ↑ See p. 398 of this volume.
