Applicability of Certain Provisions. (a) The Notes shall be subject to Article Sixteen of the Base Indenture, except that:
(i) reference in Section 1601 of the Base Indenture to “obligations” shall be replaced with “Obligations”;
(ii) the language “(except that Holders of Notes may receive and retain Permitted Junior Securities and payments made from the trust as set forth under Article IX of the First Supplemental Indenture)” shall be inserted between “…any distribution of assets or proceeds” and “in the event of any distribution to creditors…” in Section 1602(a) of the Base Indenture.
(b) The provisions of Section 1602(c) of the Base Indenture shall be replaced in their entirety by the following: “If the Trustee or any Holder of the Notes receives a payment in respect of the Notes (except in Permitted Junior Securities or from the trust as set forth in Article IX of the First Supplemental Indenture) when:
(1) the payment is prohibited by these subordination provisions, and
(2) the Trustee or the Holder has actual knowledge that the payment is prohibited, then the Trustee or the Holder, as the case may be, shall hold the payment in trust for the benefit of the holders of Senior Debt of the Company and shall deliver notice thereof to the agent or representative of the holders of Senior Debt. Upon the proper written request of the agent or representative of the holders of Designated Senior Debt of the Company, or, if no such Designated Senior Debt exists, the holders of Senior Debt of the Company, the Trustee or the Holder, as the case may be, shall deliver the amounts in trust to the holders of Senior Debt of the Company or their proper representative.”
(c) The provisions in Section 1603 of the Base Indenture shall be replaced in their entirety by the following:
(a) The Company also may not make any payment in respect of the Notes or any distribution of assets or proceeds (except in Permitted Junior Securities or from the trust set forth under Article IX of the First Supplemental Indenture) if:
(1) a payment default on Designated Senior Debt of the Company occurs and is continuing beyond any applicable grace period; or
(2) any other default occurs and is continuing on any series of Designated Senior Debt of the Company that permits holders of that series of Designated Senior Debt of the Company to accelerate its maturity and the Trustee receives a Payment Blockage Notice from the Company or any agent or representative with respect to such Designated Senior Debt.
(b) Payments on the Notes may ...
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. The Notes shall not be subject to Article 10 of the Base Indenture.
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. (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 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. 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. For avoidance of doubt, the provisions of Sections 9 and 15 of the Third Amendment hereby are made applicable to the Expansion Premises and the New Building Premises, including, without limitation, the provisions of Section 9(e) thereof.
