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• (c) Mandatory Redemption upon Determination of Taxability. If, prior to the date on which the lien of this Indenture is discharged in accordance with Article IX hereof, the Trustee receives written notice from any holder or former holder of a Bond stating that (i) such holder or former holder has been notified in writing by the Internal Revenue Service that for any reason the interest on such Bond is includable in the gross income of such holder or former holder (other than during any period in which such holder or former holder is or was a "substantial user" of the Project or a "related person" within the meaning of Section 147(a) of the Code) and (ii) such holder or former holder will afford the Borrower the opportunity to contest the same either directly or in the name of such holder or former holder, and until conclusion of any appellate review, if sought, the Trustee shall promptly give notice thereof to the Borrower, NHC, the Issuer, the Registrar and Paying Agent, the Remarketing Agent and the Credit Facility Provider and the Registrar and Paying Agent shall thereupon give notice thereof to the owner of each Bond then outstanding. The Trustee shall thereafter coordinate any similar notices it may receive from other Bondholders and shall keep informed of the progress of any administrative proceedings or litigation. Upon the occurrence of a Determination of Taxability (as defined in Section 6(d) of the Bonds) and upon receipt of written notice from an Authorized Officer of the Borrower that the Borrower will fulfill its obligation to prepay the Loan Agreement, the Trustee shall, with the written consent of NHC, direct the Registrar and Paying Agent to give notice of the redemption of Bonds, which redemption shall be effected on a Business Day designated in such notice from the Borrower within 60 days after the receipt by the Borrower of notice of such Determination of Taxability. If no such notice from the Borrower is received, such redemption shall be effected on the last Business Day that is not more than 60 days after the receipt by the Borrower of notice of such Determination of Taxability. The Trustee shall direct the Registrar and Paying Agent to give notice of such redemption 35 days before the redemption date. If there is delivered to the Trustee an opinion of Bond Counsel to the effect that, if fewer than all of the Bonds are redeemed, the interest payable on the Bonds remaining outstanding will not be includable in the gross income of any holders thereof for federal income tax purposes (other than during any period in which any such holder is a "substantial user" of the Project or a "related person" within the meaning of Section 147(a) of the Code), only the Bonds, or the aggregate principal amount of Bonds (as the case may be), specified in such opinion shall be redeemed. (d) Timing and Content of Redemption Notices. Each notice of redemption shall be given by the Registrar and Paying Agent to the Bondholders by telephone, telex or other electronic transmission one (1) Business Day before the redemption date of any Credit Facility Bonds or mailed in accordance with the terms of the Bonds at least 30 days before the redemption date of any other Bonds and shall set forth: (i) the date fixed for redemption; (ii) the Redemption Price to be paid; (iii) that such Redemption Price will be paid in accordance with Section 5 of the Bonds; (iv) in the case of Bonds to be redeemed in part only, the potion - 25 -