Applicability of Indenture. The provisions of the Indenture are hereby ratified, approved and confirmed, except as otherwise expressly modified by this Supplemental Indenture. The representations, warranties and covenants contained in the Indenture (except as expressly modified herein) are hereby reaffirmed with the same force and effect as if fully set forth herein and made again as of the date hereof.
Applicability of Indenture. For the avoidance of doubt, any adjustment, notice or other provision contained in this Master Confirmation or any Confirmation hereunder related to or referencing the Indenture or the Convertible Notes shall continue to apply to the Units (including, for the avoidance of doubt, Designated Repurchase Units) irrespective of whether any Convertible Notes remain outstanding.
Applicability of Indenture. Except as otherwise -------------------------- provided herein, the 2001 Convertible Securities shall be subject to the provisions of the Indenture. Any references in the Indenture to "the principal amount of the Securities" shall be construed to include, where applicable, the Restated Principal Amount following the occurrence of a Tax Event and, in respect to Section 502 of the Indenture ("Acceleration of Maturity, Recission, Annulment"), the Accreted Value of the 2001 Convertible Securities. In Section 902(1) of the Indenture, the reference to "any such payment on or after the Stated Maturity thereof" in the second to last line of such subsection shall be construed to include, as applicable, any payment with respect to any 2001 Convertible Securities on or after a Purchase Date or a Change in Control Purchase Date, as the case may be.
Applicability of Indenture. 22 APPENDIX A - AUCTION PROCEDURES APPENDIX B - FORM OF NOTES APPENDIX C - FORM OF TRUSTEE AUTHENTICATION CERTIFICATE SUPPLEMENTAL INDENTURE OF TRUST THIS SUPPLEMENTAL INDENTURE OF TRUST (this "Supplemental Indenture") dated as of January __, 2005, is by and between ENERGY INCOME AND GROWTH FUND, a voluntary association with transferable shares, commonly referred to as a "Massachusetts business trust," established and existing under the laws of the Commonwealth of Massachusetts (the "Issuer") and Deutsche Bank National Trust Company, a national banking association duly organized and operating under the laws of the United States of America (together with its successors, the "Trustee"), as successor trustee hereunder (all capitalized terms used in these preambles, recitals and granting clauses shall have the same meanings assigned thereto in Article I hereof);
Applicability of Indenture. The provisions of the Indenture shall not be binding upon the Company at any time unless at such time there are Securities outstanding.
Applicability of Indenture. The provisions of the Indenture are hereby ratified, approved and confirmed, except as otherwise expressly modified by this Supplemental
Applicability of Indenture. Except as otherwise provided herein, the Notes shall be subject to the provisions of the Indenture.
Applicability of Indenture. 18 APPENDIX A AUCTION PROCEDURES APPENDIX B FORM OF NOTES APPENDIX C FORM OF TRUSTEE AUTHENTICATION CERTIFICATE SUPPLEMENTAL INDENTURE OF TRUST THIS SUPPLEMENTAL INDENTURE OF TRUST (this "Supplemental Indenture") dated as of June [__], 2004, is by and between TORTOISE ENERGY INFRASTRUCTURE CORPORATION, a Maryland corporation (the "Issuer") and BNY MIDWEST TRUST COMPANY N.A., a national banking association duly organized and operating under the laws of the United States of America (together with its successors, the "Trustee"), as successor trustee hereunder (all capitalized terms used in these preambles, recitals and granting clauses shall have the same meanings assigned thereto in Article I hereof);
Applicability of Indenture. APPENDIX A
Applicability of Indenture
