Common use of Applicability of Certain Provisions Clause in Contracts

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 be subject to Article 8 9 of the Base Indenture, except that: (ai) the portions of the Indenture from which the Company and the Guarantors shall be released upon Covenant Defeasance pursuant to Section 8.03 9.01(j) 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 apply to the Base IndentureNotes; (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 (cii) Section 8.04 9.02 of the Base Indenture shall be amended by adding changed to insert the words “(including Sections 3.03, 4.04 and 4.07 of the First Supplemental Indenture to this Indenture)” after the words “… the Company and the Trustee may amend this Indenture” in the first sentence thereof; and (iii) Section 9.02 of the Base Indenture shall be changed to remove clauses (a) through (e) thereof and insert the following additional conditionsin place thereof: (a) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver; (b) reduce the principal of or change the fixed maturity of any Note or alter any of the provisions with respect to the redemption of the Notes except as provided above with respect to Sections 3.03, 4.04 and 4.07 of the First Supplemental Indenture to this Indenture and other than notice provisions with respect to any optional redemption by the Company; (c) reduce the rate of or change the time for payment of interest, including default interest, on any Note; (d) no Default or Event of Default has occurred and is continuing on the date of such deposit (other than waive a Default or Event of Default resulting in the payment of principal of, or interest or premium on the Notes (except a rescission of acceleration of the Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and a waiver of the payment default that resulted from the borrowing of funds to be applied to such depositacceleration); (e) such Legal Defeasance or Covenant Defeasance will not result make any Note payable in a breach or violation of, or constitute a default under any material agreement or instrument (money other than that stated in 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 boundNotes; (f) make any change in the Company must deliver provisions of this Indenture relating to waivers of past Defaults or the Trustee an Officers’ Certificate stating that the deposit was not made by the Company with the intent rights of preferring the Holders of Notes over to receive payments of principal of or interest or premium on the other creditors of the Company with the intent of defeating, hindering, delaying or defrauding creditors of the Company or others; andNotes; (g) waive a redemption payment with respect to any note (other than a payment required by Sections 3.03, 4.04 or 4.07 of the Company must deliver First Supplemental Indenture to this Indenture); (h) release any Guarantor from any of its obligations under its Subsidiary Guarantee or this Indenture, except in accordance with the Trustee an Officers’ Certificate terms of this Indenture; or (i) make any change in the preceding amendment 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 waivedwaiver provisions.”

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 Section 4.06 and Article 12 of the Base Indenture, also include Sections 3.03 and 4.01 through 4.10 4.11 and Articles V and X hereofof this Fourth Supplemental Indenture, 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 of this Fourth Supplemental Indenture 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 be subject to Article 8 VIII 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, shall in addition to Sections 4.03 and 4.06 Section 4.03, Section 4.04 and Article 12 XI of the Base Indenture, Indenture also include Section 3.04 and Sections 3.03 and 4.01 through 4.10 4.10, Section 4.12, Section 4.13, Section 4.15, Section 5.01(d) and Articles V and Article X hereof, and shall not include Article 5 of the Base this First Supplemental 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 of this First Supplemental Indenture and shall not include Sections 6.01 (c6.01(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 depositdeposit and the grant of any Lien securing such borrowing); (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 IndentureIndenture and the agreements governing any other Indebtedness being defeased, discharged or replaced) 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.”” Notwithstanding the foregoing, the Opinion of Counsel required by clause (b) of Section 8.04 of the Base Indenture need not be delivered if all Notes not theretofore delivered to the Trustee for cancellation (i) have become due and payable or (ii) will become due and payable on the maturity date or on a Redemption Date within one year (in the case of a redemption) under arrangements satisfactory to the Trustee for the giving of notice of redemption by the Trustee in the name, and at the expense, of the Company.

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 Section 4.06 and Article 12 of the Base Indenture, also include Sections 3.03 3.04 and 4.01 through 4.10 4.11 and Articles V and X hereofof this Sixth Supplemental Indenture, 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 of this Sixth Supplemental Indenture 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 depositdeposit and the grant of any lien securing such borrowing); (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 IndentureIndenture and the agreements governing any other Indebtedness being defeased, discharged or replaced) 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.”” Notwithstanding the foregoing, the opinion of counsel with respect to a legal defeasance required by clause (b) of Section 8.04 of the Base Indenture need not be delivered if all Notes not theretofore delivered to the Trustee for cancellation (i) have become due and payable or (ii) will become due and payable on the maturity date within one year under arrangements satisfactory to the Trustee for the giving of notice of redemption by the Trustee in the name, and at the expense, of the Company.

Applicability of Certain Provisions. The Notes shall be subject to Article 8 9 of the Base Indenture, except that: (ai) the portions of the Indenture from which the Company and the Guarantors shall be released upon Covenant Defeasance pursuant to Section 8.03 9.01(j) 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 apply to the Base IndentureNotes; (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 (cii) Section 8.04 9.02 of the Base Indenture shall be amended by adding changed to insert the words “(including Sections 3.03, 4.04 and 4.07 of the Fifth Supplemental Indenture to this Indenture)” after the words “… the Company and the Trustee may amend this Indenture” in the first sentence thereof; and (iii) Section 9.02 of the Base Indenture shall be changed to remove clauses (a) through (e) thereof and insert the following additional conditionsin place thereof: (a) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver; (b) reduce the principal of or change the fixed maturity of any Note or alter any of the provisions with respect to the redemption of the Notes except as provided above with respect to Sections 3.03, 4.04 and 4.07 of the Fifth Supplemental Indenture to this Indenture and other than notice provisions with respect to any optional redemption by the Company; (c) reduce the rate of or change the time for payment of interest, including default interest, on any Note; (d) no Default or Event of Default has occurred and is continuing on the date of such deposit (other than waive a Default or Event of Default resulting in the payment of principal of, or interest or premium on the Notes (except a rescission of acceleration of the Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and a waiver of the payment default that resulted from the borrowing of funds to be applied to such depositacceleration); (e) such Legal Defeasance or Covenant Defeasance will not result make any Note payable in a breach or violation of, or constitute a default under any material agreement or instrument (money other than that stated in 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 boundNotes; (f) make any change in the Company must deliver provisions of this Indenture relating to waivers of past Defaults or the Trustee an Officers’ Certificate stating that the deposit was not made by the Company with the intent rights of preferring the Holders of Notes over to receive payments of principal of or interest or premium on the other creditors of the Company with the intent of defeating, hindering, delaying or defrauding creditors of the Company or others; andNotes; (g) waive a redemption payment with respect to any note (other than a payment required by Sections 3.03, 4.04 or 4.07 of the Company must deliver Fifth Supplemental Indenture to this Indenture); (h) release any Guarantor from any of its obligations under its Subsidiary Guarantee or this Indenture, except in accordance with the Trustee an Officers’ Certificate terms of this Indenture; or (i) make any change in the preceding amendment 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 waivedwaiver provisions.”

Applicability of Certain Provisions. The Notes shall be subject to Article 8 VIII 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, shall in addition to Sections 4.03 and 4.06 and Article 12 XI of the Base Indenture, Indenture also include Sections 3.03 and 4.01 through 4.10 4.07 and Articles V and X hereofof this First Supplemental Indenture, and shall not include Section 4.03 and Article 5 V 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 (ih) hereof of this First Supplemental Indenture 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 depositdeposit and the grant of any lien securing such borrowing); (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 IndentureIndenture and the agreements governing any other Indebtedness being defeased, discharged or replaced) 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.”” Notwithstanding the foregoing, the Opinion of Counsel with respect to a legal defeasance required by clause (b) of Section 8.04 of the Base Indenture need not be delivered if all Notes not theretofore delivered to the Trustee for cancellation (i) have become due and payable or (ii) will become due and payable on the maturity date within one year under arrangements satisfactory to the Trustee for the giving of notice of redemption by the Trustee in the name, and at the expense, of the Company.

Applicability of Certain Provisions. The Notes shall be subject to Article 8 9 of the Base Indenture, except that: (ai) the portions of the Indenture from which the Company and the Guarantors shall be released upon Covenant Defeasance pursuant to Section 8.03 9.01(j) 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 apply to the Base IndentureNotes; (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 (cii) Section 8.04 9.02 of the Base Indenture shall be amended by adding changed to insert the words “(including Sections 3.03, 4.04 and 4.07 of the Fourth Supplemental Indenture to this Indenture)” after the words “… the Company and the Trustee may amend this Indenture” in the first sentence thereof; and (iii) Section 9.02 of the Base Indenture shall be changed to remove clauses (a) through (e) thereof and insert the following additional conditionsin place thereof: (a) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver; (b) reduce the principal of or change the fixed maturity of any Note or alter any of the provisions with respect to the redemption of the Notes except as provided above with respect to Sections 3.03, 4.04 and 4.07 of the Fourth Supplemental Indenture to this Indenture and other than notice provisions with respect to any optional redemption by the Company; (c) reduce the rate of or change the time for payment of interest, including default interest, on any Note; (d) no Default or Event of Default has occurred and is continuing on the date of such deposit (other than waive a Default or Event of Default resulting in the payment of principal of, or interest or premium on the Notes (except a rescission of acceleration of the Notes by the Holders of at least a majority in aggregate principal amount of the then outstanding Notes and a waiver of the payment default that resulted from the borrowing of funds to be applied to such depositacceleration); (e) such Legal Defeasance or Covenant Defeasance will not result make any Note payable in a breach or violation of, or constitute a default under any material agreement or instrument (money other than that stated in 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 boundNotes; (f) make any change in the Company must deliver provisions of this Indenture relating to waivers of past Defaults or the Trustee an Officers’ Certificate stating that the deposit was not made by the Company with the intent rights of preferring the Holders of Notes over to receive payments of principal of or interest or premium on the other creditors of the Company with the intent of defeating, hindering, delaying or defrauding creditors of the Company or others; andNotes; (g) waive a redemption payment with respect to any note (other than a payment required by Sections 3.03, 4.04 or 4.07 of the Company must deliver Fourth Supplemental Indenture to this Indenture); (h) release any Guarantor from any of its obligations under its Subsidiary Guarantee or this Indenture, except in accordance with the Trustee an Officers’ Certificate terms of this Indenture; or (i) make any change in the preceding amendment 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 waivedwaiver provisions.”

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 Section 4.06 and Article 12 of the Base Indenture, also include Sections 3.03 and 4.01 through 4.10 4.11 and Articles V and X hereofof this Fifth Supplemental Indenture, 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 of this Fifth Supplemental Indenture 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 be subject to Article 8 VIII 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, shall in addition to Sections 4.03 and 4.06 and Article 12 XI of the Base Indenture, Indenture also include Sections 3.03 and 4.01 through 4.10 4.07 and Articles V and X hereofof this Second Supplemental Indenture, and shall not include Section 4.03 and Article 5 V 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 (ih) hereof of this Second Supplemental Indenture 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 depositdeposit and the grant of any lien securing such borrowing); (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 IndentureIndenture and the agreements governing any other Indebtedness being defeased, discharged or replaced) 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.”” Notwithstanding the foregoing, the Opinion of Counsel with respect to a legal defeasance required by clause (b) of Section 8.04 of the Base Indenture need not be delivered if all Notes not theretofore delivered to the Trustee for cancellation (i) have become due and payable or (ii) will become due and payable on the maturity date within one year under arrangements satisfactory to the Trustee for the giving of notice of redemption by the Trustee in the name, and at the expense, of the Company.