Common use of Certain Other Restrictions Clause in Contracts

Certain Other Restrictions. (a) For so long as any Series ___Notes are Outstanding and any Rating Agency is then rating the Series ___Notes, the Issuer will not engage in certain proscribed transactions set forth in the Rating Agency Guidelines, unless it has received written confirmation from each such Rating Agency that proscribes the applicable transaction in its Rating Agency Guidelines that any such action would not impair the rating then assigned by such Rating Agency to Series ___Notes. (b) For so long as any Series ___Notes are Outstanding, the Issuer will not declare, pay or set apart for payment any dividend or other distribution (other than a dividend or distribution paid in shares of, or options, warrants or rights to subscribe for or purchase, common shares or other shares of capital stock of the Issuer) upon any class of shares of capital stock of the Issuer, unless, in every such case, immediately after such transaction, the 1940 Act Senior Notes Asset Coverage would be achieved after deducting the amount of such dividend, distribution, or purchase price, as the case may be; provided, however, that dividends may be declared upon any preferred shares of capital stock of the Issuer if the Series ___Notes and any other senior securities representing indebtedness of the Issuer have an asset coverage of at least 200% at the time of declaration thereof, after deducting the amount of such dividend. (c) A declaration of a dividend or other distribution on or purchase or redemption of any common or preferred shares of capital stock of the Issuer is prohibited (i) at any time that an Event of Default under the Indenture has occurred and is continuing, (ii) if after giving effect to such declaration, the Issuer would not have Eligible Assets with an aggregate Discounted Value at least equal to the Senior Notes Basic Maintenance Amount or the 1940 Act Senior Notes Asset Coverage, or (iii) the Issuer has not redeemed the full amount of Series ___Notes required to be redeemed by any provisions for mandatory redemption contained herein.

Certain Other Restrictions. (a) For Notwithstanding any other provision in this Declaration, for so long as there are any Series ___Notes are Outstanding ARPS and Moody's, S&P or any Other Rating Agency which so requires is then rating the Series ___Notessuch ARPS, the Issuer Trust will not engage in certain proscribed transactions set forth in the Rating Agency Guidelinesnot, unless it has received written confirmation from each Moody's (if Moody's is then rating ARPS), S&P (if S&P is then rating ARPS) axx (xx applicable) such Other Rating Agency that proscribes the applicable transaction in its Rating Agency Guidelines that any such action would not impair the rating then assigned by such Rating Agency rating agency to Series ___Notes.a Series, engage in any one or more of the following activities or transactions: (a) purchase or sell futures contracts or options thereon with respect to portfolio securities or write unsecured put or uncovered call options on portfolio securities; (b) For so long as issue additional ARPS or any Series ___Notes are OutstandingShares ranking prior to or on a parity with ARPS with respect to the payment of dividends or the distribution of assets upon dissolution, the Issuer will not declare, pay liquidation or set apart for payment any dividend or other distribution (other than a dividend or distribution paid in shares of, or options, warrants or rights to subscribe for or purchase, common shares or other shares of capital stock termination of the Issuer) upon any class of shares of capital stock of the Issuer, unless, in every such case, immediately after such transaction, the 1940 Act Senior Notes Asset Coverage would be achieved after deducting the amount of such dividend, distribution, or purchase price, as the case may be; provided, however, that dividends may be declared upon any preferred shares of capital stock of the Issuer if the Series ___Notes and any other senior securities representing indebtedness of the Issuer have an asset coverage of at least 200% at the time of declaration thereof, after deducting the amount of such dividend.Trust; (c) A declaration engage in any short sales of securities; (d) merge or consolidate into or with any other Person; (e) utilize any pricing service other than FT Interactive Data, Reuters, Telekurs, Bloomberg Financial Markets, J.J. Kenney Pricing Service, Merrill Lynch Securities Pricing Sexxxxx xx Xxidge Data Corp., ox xxx xtxxx xricing service then permitted by S&P and Moody's, or fail to notify S&P and Moody's upon a dividend or other distribution on or purchase or redemption of any common or preferred shares of capital stock change of the Issuer Trust's then-current pricing service provider; or (f) enter into any interest rate swap or cap agreement, unless: (1) the value of such agreement is prohibited marked to market daily by the counterparty; (i2) at any time that an Event upon failure of Default under the Indenture has occurred and is continuing, (ii) if after giving effect trust to such declaration, the Issuer would not have maintain Eligible Assets with an aggregate Discounted Value at least equal to the Senior Notes ARPS Basic Maintenance Amount, the Trust will have the right to terminate such agreement and the Trust shall terminate such agreement; (3) the counterparty to such agreement agrees that it will not institute against the Trust any bankruptcy, reorganization, insolvency, arrangement or liquidation proceedings under the laws of the United States or any state thereof; and (4) the Trust obtains such rating agency confirmation with respect to any amendment to, or transfer of, such agreement. For purposes of valuation of Moody's Eligible Assets: (A) if the Trust writes a call option, the underlying asset will be valued as follows: (1) if the option is exchange-traded and may be offset readily or if the option expires before the earliest possible redemption of ARPS, at the lower of the Discounted Value of the underlying security of the option and the exercise price of the option or (2) otherwise, it has no value; (B) if the Trust writes a put option, the underlying asset will be valued as follows: the lesser of (1) exercise price and (2) the Discounted Value of the underlying security; and (C) call or put option contracts which the Trust buys have no value. For so long as ARPS are rated by Moody's: (A) the Trust will not engage in options transactions for leveraging or speculative purposes; (B) the Trust will not write or sell any anticipatory contracts pursuant to which the Trust hedges the anticipated purchase of an asset prior to completion xx xxxh purchase; (C) the Trust will not enter into an option transaction with respect to portfolio securities unless, after giving effect thereto, the Trust would continue to have Eligible Assets with an aggregate Discounted Value equal to or greater than the ARPS Basic Maintenance Amount; (D) the Trust will not enter into an option transaction with respect to portfolio securities unless after giving effect to such transaction the Trust would continue to be in compliance with the provisions relating to the ARPS Basic Maintenance Amount; (E) for purposes of the ARPS Basic Maintenance Amount or the 1940 Act Senior Notes Asset Coverage, or assets in margin accounts are not Eligible Assets; (iiiF) the Issuer has Trust shall write only exchange-traded options on exchanges approved by Moody's; (G) where delivery may be made to the Trust with any of a class of securities, the Trust shall assume for purposes of the ARPS Basic Maintenance Amount that it takes delivery of that security which yields it the least value; (H) the Trust will not redeemed engage in forward contracts; and (I) there shall be a quarterly audit made of the full amount of Series ___Notes required Trust's options transactions by the Trust's independent accountants to be redeemed by any provisions for mandatory redemption contained hereinconfirm that the Trust is in compliance with these standards.

Certain Other Restrictions. (a) For so long as any Series ___Notes shares of ATP are Outstanding and Moody's, Fitch or any Other Rating Agency which so requires is then rating the Series ___Notessuch shares, the Issuer Corporation will not engage in certain proscribed transactions set forth in the Rating Agency Guidelinesnot, unless it has received written confirmation from each Moody's (if Xxxxx'x is then rating the ATP), Fitch (if Fitch is then rating the ATP) and (if applicable) such Other Rating Agency that proscribes the applicable transaction in its Rating Agency Guidelines that any such action would not impair the rating then assigned by such Rating Agency rating agency to Series ___Notes.the ATP, engage in any one or more of the following transactions: (a) purchase or sell futures contracts or options thereon with respect to portfolio securities or write unsecured put or uncovered call options on portfolio securities, engage in options transactions involving cross-hedging, or enter into any swap transaction; (b) For so long as any Series ___Notes are Outstandingborrow money, except that the Issuer will not declareCorporation may, pay or set apart without obtaining the written confirmation described above, borrow money for payment any dividend or other distribution (other than a dividend or distribution paid in shares of, or options, warrants or rights the purpose of clearing securities transactions; provided that the ATP Basic Maintenance Amount would continue to subscribe for or purchase, common shares or other shares of capital stock of the Issuer) upon any class of shares of capital stock of the Issuer, unless, in every such case, immediately after such transaction, the 1940 Act Senior Notes Asset Coverage would be achieved after deducting the amount of such dividend, distribution, or purchase price, as the case may be; provided, however, that dividends may be declared upon any preferred shares of capital stock of the Issuer if the Series ___Notes and any other senior securities representing indebtedness of the Issuer have an asset coverage of at least 200% at the time of declaration thereof, after deducting the amount of such dividend. (c) A declaration of a dividend or other distribution on or purchase or redemption of any common or preferred shares of capital stock of the Issuer is prohibited (i) at any time that an Event of Default under the Indenture has occurred and is continuing, (ii) if satisfied after giving effect to such declarationborrowing and if the borrowing matures in not more than 60 days and is non-redeemable; (c) issue any class or series of stock ranking prior to or on a parity with the ATP with respect to the payment of dividends or the distribution of assets upon dissolution, liquidation or winding up of the Corporation, or reissue any shares of ATP previously purchased or redeemed by the Corporation; (d) engage in any short sales of securities; (e) lend portfolio securities; or (f) merge or consolidate into or with any other corporation. (1) if the option is exchange-traded and may be offset, readily or if the option expires before the earliest possible redemption of the ATP, at the lower of the Discounted Value of the underlying security of the option and the exercise price of the option or (2) otherwise, it has no value; (B) if the Corporation writes a put option, the Issuer underlying asset will be valued as follows: the lesser of (1) exercise price and (2) the Discounted Value of the underlying security; and (C) call or put option contracts which the Corporation buys have no value. For so long as ATP are rated by Moody's or Fitch: (A) the Corporation will not engage in options transactions for leveraging or speculative purposes; (B) the Corporation will not write or sell any anticipatory contracts pursuant to which the Corporation xxxxxx the anticipated purchase of an asset prior to completion of such purchase; (C) the Corporation will not enter into an option transaction with respect to portfolio securities unless, after giving effect thereto, the Corporation would not continue to have Eligible Assets with an aggregate Discounted Value at least equal to or greater than the Senior Notes ATP Basic Maintenance Amount; (D) the Corporation will not enter into an option transaction with respect to portfolio securities unless after giving effect to such transaction the Corporation would continue to be in compliance with the provisions relating to the ATP Basic Maintenance Amount; (E) for purposes of the ATP Basic Maintenance Amount or the 1940 Act Senior Notes Asset Coverage, or assets in margin accounts are not Eligible Assets; (iiiF) the Issuer has not redeemed Corporation shall write only exchange-traded options on exchanges approved by Moody's (if Xxxxx'x is then rating the full amount ATP) and Fitch (if Fitch is then rating the ATP); (G) where delivery may be made to the Corporation with any of Series ___Notes required to be redeemed by any provisions a class of securities, the Corporation shall assume for mandatory redemption contained herein.purposes of the ATP Basic Maintenance Amount that it takes delivery of that security which yields it the least

Certain Other Restrictions. (a) For so long as any shares of ATP Series ___Notes C are Outstanding and Moody's, Fitch or any Other Rating Agency which so requires is then rating the Series ___Notessuch shares, the Issuer Corporation will not engage in certain proscribed transactions set forth in the Rating Agency Guidelinesnot, unless it has received written confirmation from each Moody's (if Xxxxx'x is then rating ATP Series C), Fitch (if Fitch is then rating ATP Series C) and (if applicable) such Other Rating Agency that proscribes the applicable transaction in its Rating Agency Guidelines that any such action would not impair the rating then assigned by such Rating Agency rating agency to ATP Series ___Notes.C, engage in any one or more of the following transactions: (a) purchase or sell futures contracts or options thereon with respect to portfolio securities or write unsecured put or uncovered call options on portfolio securities, engage in options transactions involving cross-hedging, or enter into any swap transaction; (b) For so long as any Series ___Notes are Outstandingborrow money, except that the Issuer will not declareCorporation may, pay or set apart without obtaining the written confirmation described above, borrow money for payment any dividend or other distribution (other than a dividend or distribution paid in shares of, or options, warrants or rights the purpose of clearing securities transactions; provided that the ATP Basic Maintenance Amount would continue to subscribe for or purchase, common shares or other shares of capital stock of the Issuer) upon any class of shares of capital stock of the Issuer, unless, in every such case, immediately after such transaction, the 1940 Act Senior Notes Asset Coverage would be achieved after deducting the amount of such dividend, distribution, or purchase price, as the case may be; provided, however, that dividends may be declared upon any preferred shares of capital stock of the Issuer if the Series ___Notes and any other senior securities representing indebtedness of the Issuer have an asset coverage of at least 200% at the time of declaration thereof, after deducting the amount of such dividend. (c) A declaration of a dividend or other distribution on or purchase or redemption of any common or preferred shares of capital stock of the Issuer is prohibited (i) at any time that an Event of Default under the Indenture has occurred and is continuing, (ii) if satisfied after giving effect to such declarationborrowing and if the borrowing matures in not more than 60 days and is non-redeemable; (c) except in connection with a refinancing of the ATP (including the ATP Series C), issue any class or series of stock ranking prior to or on a parity with ATP Series C with respect to the payment of dividends or the distribution of assets upon dissolution, liquidation or winding up of the Corporation, or reissue any shares of ATP Series C previously purchased or redeemed by the Corporation; (d) engage in any short sales of securities; (e) lend portfolio securities; or (f) merge or consolidate into or with any other corporation. For purposes of valuation of Moody's Eligible Assets and Fitch Eligible Assets: (A) if the Corporation writes a call option, the Issuer underlying asset will be valued as follows: (1) if the option is exchange-traded and may be offset readily or if the option expires before the earliest possible redemption of ATP Series C, at the lower of the Discounted Value of the underlying security of the option and the exercise price of the option or (2) otherwise, it has no value; (B) if the Corporation writes a put option. the underlying asset Will be valued as follows: the lesser of (1) exercise price and (2) the Discounted Value of the underlying security; and (C) call or put option contracts which the Corporation buys have no value. For so long as ATP Series C is rated by Moody's or Fitch: (A) the Corporation will not engage in options transactions for leveraging or speculative purposes; (B) the Corporation will not write or sell any anticipatory contracts pursuant to which the Corporation xxxxxx the anticipated purchase of an asset prior to completion of such purchase; (C) the Corporation will not enter into an !option transaction with respect to portfolio securities unless, after giving effect thereto, the Corporation would not continue to have Eligible Assets with an aggregate Discounted Value at least equal to or greater than the Senior Notes ATP Basic Maintenance Amount; (D) the Corporation will not enter into an option transaction with respect to portfolio securities unless after giving effect to such transaction the Corporation would continue to be in compliance with the provisions relating to the ATP Basic Maintenance Amount; (E) for purposes of the ATP Basic Maintenance Amount or the 1940 Act Senior Notes Asset Coverage, or assets in margin accounts are not Eligible Assets; (iiiF) the Issuer has Corporation shall write only exchange-traded options on exchanges approved by Moody's if Xxxxx'x is then rating ATP Series C) and Fitch (if Fitch is then rating ATP Series C); (G) where delivery may be made to the Corporation with any of a class of securities, the Corporation shall assume for purposes of the ATP Basic Maintenance Amount that it takes delivery of that security which yields it the least value; (H) the Corporation will not redeemed engage in forward contracts; and (I) there shall be a quarterly audit made of the full amount of Series ___Notes required Corporation's options transactions by the Corporation's independent accountants to be redeemed by any provisions for mandatory redemption contained hereinconfirm that the Corporation is in compliance with these standards.