Common use of Collection of Indebtedness and Suits Clause in Contracts

Collection of Indebtedness and Suits. for Enforcement by ------------------------------------------------------- Trustee. Article Five of the Original Indenture is hereby amended by deleting ------- from Section 503 of the Original Indenture (i) the paragraph beginning with the words "If the Company fails" and (ii) the paragraph beginning with the words "If an Event of Default with respect", and inserting the following in lieu thereof: If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid against the Company, Century or both, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company upon such Securities and Century upon the Guaranty and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company upon such Securities and/or the property of Century upon such Guaranty, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy, including, without limitation, the enforcement of the Guaranty against Century.

Collection of Indebtedness and Suits. for Enforcement by ------------------------------------------------------- Trustee. Article Five of the Original Indenture is hereby amended by deleting ------- from Section 503 of the Original Indenture (i) the paragraph beginning with the words "If the The Company fails" and (ii) the paragraph beginning with the words "If each Guarantor covenant that if an Event of Default with respect"specified in Section 5.01(a) or 5.01(b) shall have occurred and be continuing, the Company and each Guarantor will, jointly and severally, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holders of such Notes, the whole amount then due and payable on such Notes for principal, premium, if any, and inserting interest, with interest upon the following overdue principal, premium, if any, and, to the extent that payment of such interest shall be legally enforceable, upon overdue installments of interest, at the rate then borne by the Notes; and, in lieu thereof: addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. If the Company fails and each Guarantor fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may may, but is not obligated under this paragraph to, institute a judicial proceeding for the collection of the sums so due and unpaid against the Companyand may, Century or bothbut is not obligated under this paragraph to, may prosecute such proceeding to judgment or final decree decree, and may may, but is not obligated under this paragraph to, enforce the same against the Company upon such Securities and Century Company, any Guarantor or any other obligor upon the Guaranty Notes and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any Guarantor or any other obligor upon such Securities and/or the property of Century upon such GuarantyNotes, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion but is not obligated under this paragraph to, (i) proceed to protect and enforce its rights and the rights of the Holders of Securities of such series under this Indenture or any Guarantee by such appropriate private or judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement contained in this Indenture or in aid of the exercise of any power granted herein, including, without limitation, seeking recourse against any Guarantor or (ii) proceed to protect and enforce any other proper remedy, including, without limitation, the enforcement seeking recourse against any Guarantor. No recovery of any such judgment upon any property of the Guaranty against CenturyCompany or any Guarantor shall affect or impair any rights, powers or remedies of the Trustee or the Holders.

Collection of Indebtedness and Suits. for Enforcement by ------------------------------------------------------- Indenture Trustee. Article Five of Subject to the Original Indenture is hereby amended by deleting ------- from Section 503 of the Original Indenture (i) the paragraph beginning with the words "If the Company fails" and (ii) the paragraph beginning with the words "If following sentence, if an Event of Default with respect", and inserting the following in lieu thereof: If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, may institute a judicial proceeding for the collection of the sums so due and unpaid against the Company, Century or both, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company upon such Securities and Century upon the Guaranty and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company upon such Securities and/or the property of Century upon such Guaranty, wherever situated. If an Event of Default ----------------- with respect to Securities of any series the Notes occurs and is continuing, the Indenture Trustee may in its discretion may, with the prior written consent of the Insurer, and shall, at the written direction of the Insurer, proceed to protect and enforce its rights and the rights of the Holders of Securities of such series Noteholders and the Insurer by such any Proceedings the Indenture Trustee deems appropriate judicial proceedings as the Trustee shall deem most effectual to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy, including, without limitation, . Any proceedings brought by the enforcement Indenture Trustee on behalf of the Guaranty Noteholders and the Insurer or any Noteholder against Centurythe Trust shall be limited to the preservation, enforcement and foreclosure of the liens, assignments, rights and security interests under the Indenture and no attachment, execution or other unit or process shall be sought, issued or levied upon any assets, properties or funds of the Trust, other than the Trust Estate. If there is a foreclosure of any such liens, assignments, rights and security interests under this Indenture, by private power of sale or otherwise, no judgment for any deficiency upon the indebtedness represented by the Notes may be sought or obtained by the Indenture Trustee or any Noteholder against the Trust. The Indenture Trustee shall be entitled to recover the costs and expenses expended by it pursuant to this Article V including reasonable compensation, expenses, disbursements and advances of the Indenture Trustee, its agents and counsel.

Collection of Indebtedness and Suits. for Enforcement by ------------------------------------------------------- Trustee. Article Five of the Original Indenture is hereby amended by deleting ------- from Section 503 of the Original Indenture (i) the paragraph beginning with the words "If the The Company fails" and (ii) the paragraph beginning with the words "If covenants that if an Event of Default with respect"in payment of ------- principal, premium, or interest (including Contingent Payments) specified in Section 7.1(1) and (2) occurs and is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal and interest (including Contingent Payments), and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal and on any overdue interest (including Contingent Payments), at the rate borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including compensation to, and inserting expenses, disbursements and advances of the following in lieu thereof: Trustee, its agents and counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid against the Company, Century or bothunpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company upon such Securities and Century or any other obligor upon the Guaranty Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon such Securities and/or the property of Century upon such GuarantySecurities, wherever situated. If an Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy, including, without limitation, the enforcement of the Guaranty against Century.

Collection of Indebtedness and Suits. for Enforcement by ------------------------------------------------------- Trustee. Article Five ------- The Issuers covenant that, with respect to a series of the Original Indenture is hereby amended by deleting ------- from Section 503 of the Original Indenture (i) the paragraph beginning with the words "If the Company fails" and (ii) the paragraph beginning with the words "If Securities, if an Event of Default in payment of principal, premium, or interest specified in Section 6.1(1) or (2) occurs and is continuing with respect"respect to such series of Securities, the Issuers shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such series of Securities, the whole amount then due and payable on such series of Securities for principal, premium (if any) and interest and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any) and on any overdue interest, at the rate borne by such series of Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including compensation to, and inserting expenses, disbursements and advances of the following in lieu thereof: Trustee, its agents and counsel. If the Company fails Issuers fail to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trusttrust in favor of the Holders of such series of Securities, may institute a judicial proceeding for the collection of the sums so due and unpaid against the Company, Century or bothunpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company Issuers or any other obligor upon such series of Securities and Century upon the Guaranty and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company Issuers or any other obligor upon such Securities and/or the property series of Century upon such GuarantySecurities, wherever situated. If an Event of Default occurs and is continuing with respect to Securities a series of any series occurs and is continuingSecurities, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series of Securities by such appropriate judicial proceedings as the Trustee shall deem most effectual effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy, including, without limitation, the enforcement of the Guaranty against Century.