Common use of Applicable to Paying Agents Clause in Contracts

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Sixteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDED, HOWEVER, that Section 1612 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent. ARTICLE SEVENTEEN - CONVERSION OF SECURITIES

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" ------- as used in this Article Sixteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Seventeen in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that Section 1612 1712 shall not apply to the Company or any -------- ------- Affiliate of the Company if it or such Affiliate acts as Paying Agent. 110 ARTICLE SEVENTEEN - CONVERSION OF SECURITIESEIGHTEEN

Applicable to Paying Agents. In case at any time any ----------------------------------- Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Sixteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that Section 1612 shall not apply -------- ------- to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent. ARTICLE SEVENTEEN - CONVERSION OF SECURITIES.

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article Sixteen Thirteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully fully, for all intents and purposes purposes, as if such Paying Agent were named in this Article Thirteen in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that this Section 1612 1316 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent. ARTICLE SEVENTEEN - CONVERSION OF SECURITIES.

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" ------- as used in this Article Sixteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Seventeen in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that Section 1612 1712 shall not apply to the Company or any -------- ------- Affiliate of the Company if it or such Affiliate acts as Paying Agent. ARTICLE SEVENTEEN - CONVERSION OF SECURITIESEIGHTEEN

Applicable to Paying Agents. In case at any -------------------------------------- time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Sixteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that Section 1612 Sections 10.09 and 10.11 shall not apply to the -------- ------- Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent. ARTICLE SEVENTEEN - CONVERSION OF SECURITIES.

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article Sixteen shall in such case (except with respect to delivery of notices and unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that Section 1612 1211 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent. ARTICLE SEVENTEEN - CONVERSION OF SECURITIES.

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunderunder this Indenture, the term "Trustee" as used in this Article Sixteen Fourteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Fourteen in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that Section 1612 1426 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent. ARTICLE SEVENTEEN - CONVERSION OF SECURITIES.

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as ------- used in this Article Sixteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Seventeen in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, -------- ------- that Section 1612 1712 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent. 109 ARTICLE SEVENTEEN - CONVERSION OF SECURITIESEIGHTEEN

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Sixteen shall in such case (unless otherwise expressly stated or the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Sixteen in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that Section 1612 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent. ARTICLE SEVENTEEN - CONVERSION OF SECURITIES.

Applicable to Paying Agents. (a) In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Sixteen Fourteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Fourteen in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that this Section 1612 1409 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent. ARTICLE SEVENTEEN - CONVERSION OF SECURITIES.

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as used in this Article Sixteen shall in such case (unless otherwise expressly stated or the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Sixteen in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, that 95 Section 1612 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent. ARTICLE SEVENTEEN - CONVERSION OF SECURITIES.

Applicable to Paying Agents. In case at any time any Paying Agent other than the Trustee shall have been appointed by the Company and be then acting hereunder, the term "Trustee" as ------- used in this Article Sixteen shall in such case (unless the context otherwise requires) be construed as extending to and including such Paying Agent within its meaning as fully for all intents and purposes as if such Paying Agent were named in this Article Seventeen in addition to or in place of the Trustee; PROVIDEDprovided, HOWEVERhowever, -------- ------- that Section 1612 1712 shall not apply to the Company or any Affiliate of the Company if it or such Affiliate acts as Paying Agent. ARTICLE SEVENTEEN - CONVERSION OF SECURITIESEIGHTEEN