Applicability of Certain Provisions. The Notes shall be subject to Article 8 of the Base Indenture, except that:
(a) the portions of the Indenture from which the Company and the Guarantors shall be released upon Covenant Defeasance pursuant to Section 8.03 of the Base Indenture shall, in addition to Sections 4.03 and 4.06 and Article 12 of the Base Indenture, also include Sections 3.03 and 4.01 through 4.10 and Articles V and X hereof, and shall not include Article 5 of the Base Indenture;
(b) the provisions of the Indenture which, upon Covenant Defeasance, shall not constitute Events of Default shall include Sections 6.01(c), (d), (e), (f) and (i) hereof and shall not include Sections 6.01 (c), (d) and (g) of the Base Indenture; and
(c) Section 8.04 of the Base Indenture shall be amended by adding the following additional conditions:
(d) no Default or Event of Default has occurred and is continuing on the date of such deposit (other than a Default or Event of Default resulting from the borrowing of funds to be applied to such deposit);
(e) such Legal Defeasance or Covenant Defeasance will not result in a breach or violation of, or constitute a default under any material agreement or instrument (other than the Indenture) to which the Company or any of its Subsidiaries is a party or by which the Company or any of its Subsidiaries is bound;
(f) the Company must deliver to the Trustee an Officers’ Certificate stating that the deposit was not made by the Company with the intent of preferring the Holders of Notes over the other creditors of the Company with the intent of defeating, hindering, delaying or defrauding creditors of the Company or others; and
(g) the Company must deliver to the Trustee an Officers’ Certificate and an Opinion of Counsel, each stating that all conditions precedent relating to the Legal Defeasance or the Covenant Defeasance have been complied with or waived.”
Applicability of Certain Provisions. The Notes shall not be subject to Article 10 of the Base Indenture.
Applicability of Certain Provisions. The Notes shall be subject to Article 13 of the Base Indenture, except that Section 13.01 of the Base Indenture shall be amended to add the following provisions after paragraph (c) thereof:
Applicability of Certain Provisions. Prepayments required by this Section 2.2(b) are subject to all of the terms and conditions applicable to prepayments generally pursuant to Section 3.3, except that prepayments under Section 2.2(b)(ii) may be in any principal amount.
Applicability of Certain Provisions. If Party B is a natural person, those provisions relating solely to non natural persons shall not apply to Party B.
Applicability of Certain Provisions. The provisions of Section 2.08 of the Base Indenture shall apply to the Debentures except to the extent such provisions are inconsistent with this Article II, in which case this Article II shall govern.
Applicability of Certain Provisions. (a) The Debentures shall not be subject to Article 10 of the Base Indenture.
(b) The Debentures shall not be guaranteed and shall not be subject to Article 12 of the Base Indenture.
Applicability of Certain Provisions. The Debentures shall be subject to Article 8 of the Base Indenture, except that Section 8.03 shall not apply to the Debentures.
Applicability of Certain Provisions. The Debentures shall be subject to Article 9 of the Base Indenture, except that any supplemental indenture modifying the Base Indenture with respect to the Debentures or this Third Supplemental Indenture will not be effective until the holders of a majority in aggregate stated liquidation amount of Trust PIERS and Trust Common Securities, voting together as a class, shall have consented to such supplemental indenture; provided, that if the consent of the Holder of each outstanding Debenture is required, any supplemental indenture will not be effective until each holder of the Trust PIERS and Trust Common Securities shall have consented to such supplemental indenture.
Applicability of Certain Provisions. The Notes shall be subject to Article IX of the Base Indenture, except that:
(a) Section 9.01 of the Base Indenture shall be changed to remove clauses (a) through (j) thereof and insert the following in place thereof:
(a) to cure any ambiguity, defect or inconsistency;
(b) to provide for uncertificated Notes in addition to or in place of certificated Notes;
(c) to provide for the assumption of the Company’s or a Guarantor’s obligations to Holders of Notes in the case of a merger or consolidation or sale of all or substantially all of the Company’s or a Guarantor’s assets;
(d) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Indenture of any such Holder;
(e) to comply with requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act;
(f) to allow any Guarantor to execute a supplemental indenture and/or a Subsidiary Guarantee with respect to the Notes;
(g) to evidence and provide the acceptance of the appointment of a successor trustee under the Indenture;
(h) to mortgage, pledge, hypothecate or grant a security interest in favor of the Trustee for the benefit of the Holders of Notes as additional security for the payment and performance of the Company’s or a Guarantor’s obligations;
(i) to release a Guarantor from its Subsidiary Guarantee pursuant to the terms of the Indenture when permitted or required pursuant to the terms of this First Supplemental Indenture; or
(j) to conform the text of this First Supplemental Indenture, the Notes or the Subsidiary Guarantees to any provision of the “Description of Notes” contained in the prospectus supplement dated November 19, 2015, to the extent that such provision in this First Supplemental Indenture was intended to be a substantially verbatim recitation of a provision of the “Description of Notes”.
