Certain Indenture Covenants Clause Samples

Certain Indenture Covenants. Sections 4 and 5 of the Supplemental Terms to those certain 9% Senior Notes due August 1, 2009 of the Borrower issued under the Indenture dated as of July 29, 1999 between the Borrower and ▇▇▇▇▇▇ Trust Company of New York, as trustee (the “9% Senior Notes dues August 1, 2009”) relating to “Limitation on Sale and Leaseback Transactions” and “Limitation on Liens” are incorporated herein by reference with the same effect as if set forth herein in their entirety (together with the related definitions used therein); provided wherever the term “Notes” is referred to therein it shall instead refer to the existing and future indebtedness arising under this Agreement when incorporated herein by reference. The Borrower shall, and shall cause its subsidiaries, to comply with such incorporated covenants to ensure that all existing and future indebtedness under this Agreement is secured equally and ratably by any Liens (as defined therein) securing other Indebtedness or Attributable Debt (each as defined and as provided therein). Borrower further agrees to comply, and to cause its subsidiaries to comply, with any and all other existing or future restrictions, if any, on indebtedness, liens or sale and leaseback transactions under that certain Indenture dated as of July 29, 1999 between Borrower and ▇▇▇▇▇▇ Trust Company of New York, as trustee, and related documents, all as may be amended from time to time, which restrictions, if any, are incorporated herein by reference.