Common use of Conflict with Trust Indenture Act Clause in Contracts

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is or another provision hereof required under such Act to be a part included in this Indenture by any of and govern this Indenturethe provisions of the Trust Indenture Act, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act Act, which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a another provision hereof which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act which is Act, such required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof of this Indenture limits, qualifies qualifies, or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such the Trust Indenture Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act hereunder to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a another provision hereof which is required to be included in this Indenture by any of the provisions of the Trust Indenture Act which is Act, such required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to shall be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof of this Indenture limits, qualifies or conflicts with a another provision of the Trust Indenture Act hereof which is required under such Act or deemed to be a part of and govern this Indenture, the latter provision shall control. If any provision of included in this Indenture modifies by, or excludes is otherwise governed by, any provision of the Trust Indenture Act which may be so modified or excludedAct, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the latter provision Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may becontrol.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a any provision of the Trust Indenture Act or another provision hereof which is required under such Act to be a part included in this Indenture by any of and govern this Indenturethe provisions of the Trust Indenture Act, such provision of the latter provision Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter former provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Supplemental Indenture, the latter provision shall control. If any provision of this Supplemental Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Supplemental Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is or another provision that would be required or deemed under such Act to be a part of and govern this IndentureIndenture if this Indenture were subject thereto, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such the Trust Indenture Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern the Original Indenture or this IndentureSupplement, the latter provision shall control. If any provision of this Indenture hereof modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture Supplement as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter required provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such the Trust Indenture Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act Act, which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof of this Indenture limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter former provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may beapply.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be. To the extent a Security conflicts with a provision in the Indenture, the Indenture governs.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern the Indenture or this IndentureSupplement, the latter provision shall control. If any provision of this Indenture hereof modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture Supplement as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a any provision of the Trust Indenture Act which is or another provision hereof required under such Act to be a part included in this Indenture by any of and govern this Indenturethe provisions of the Trust Indenture Act, such provision of the latter provision Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter such provision of this Indenture shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may begiven effect.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a another provision of hereof that is required under the Trust Indenture Act which is required under such Act to be a part included in this Indenture by any of and govern this Indenturethe provisions of such Act, the latter such required provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, such provision of the latter provision Act as so modified or excluded, as the case may be, shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may beIndenture.

Conflict with Trust Indenture Act. If any provision hereof of this Indenture limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act Act, which is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act Act, which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act act to be a part of and govern this Indenture, the latter provision of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision of the Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act thereunder to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a any provision of the Trust Indenture Act which is required under such Act automatically deemed to be a part included in this Indenture by any of and govern this Indenturethe provisions of the Trust Indenture Act, such provision of the latter provision Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter former provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act thereunder to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this First Supplemental Indenture, the latter provision shall control. If any provision of this First Supplemental Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this First Supplemental Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act hereunder to be a part of and govern this IndentureIndenture with respect to one or more series of Securities, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excludedexcluded with respect to a series of Securities, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a another provision which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act which is Act, such required under such Act or deemed to be a part of and govern this Indenture, the latter included provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof of this Indenture limits, qualifies or conflicts with a another provision of the Trust Indenture Act hereof which is required under such Act or deemed to be a part of and govern this Indenture, the latter provision shall control. If any provision of included in this Indenture modifies by, or excludes is otherwise governed by, any provision of the Trust Indenture Act which may be so modified or excludedAct, such other provision shall control; and if any provision hereof otherwise conflicts with the Trust Indenture Act, the latter provision Trust Indenture Act shall control. For purposes of this Section, the Indenture shall be deemed to apply to this be at all times qualified under the Trust Indenture as so modified or to be excluded, as the case may beAct.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts con- flicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this IndentureInden- ture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified mod- ified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If (a) any provision hereof of this Indenture limits, qualifies or conflicts with a another provision hereof which is required or deemed to be included in this Indenture by, or is otherwise governed by, any of the provisions of the Trust Indenture Act which is required under Act, such Act to be a part of and govern this Indenture, the latter other provision shall control. If ; and (b) any provision of this hereof otherwise conflicts with the Trust Indenture modifies or excludes any provision of Act, the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed control unless otherwise provided as contemplated by Section 301 with respect to apply to this Indenture as so modified or to be excluded, as the case may beany series of Securities.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision the duties imposed by any of Sections 310 to 317, inclusive, of the Trust Indenture Act which is required under through operation of Section 318(c) thereof, such Act to be a part of and govern this Indenture, the latter provision imposed duties shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies qualifies, modifies, excludes or conflicts with a another provision hereof which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act which is Act, such required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be. For the avoidance of doubt, Section 310 of the Trust Indenture Act shall not apply to this Indenture.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture only as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision --------------------------------- hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern the Indenture or this IndentureSecond Supplement, the latter provision shall control. If any provision of this Indenture hereof modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture Second Supplement as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision provisions shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision ---------------------------------- hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies qualities or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter Trust Indenture Act provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required or deemed under such the Trust Indenture Act to be a part of and govern this Supplemental Indenture, the latter provision shall control. If any provision of this Supplemental Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Supplemental Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter provision Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter then such provision shall be deemed to apply to of this Indenture as so modified or to be excluded, as the case may beshall control.

Conflict with Trust Indenture Act. If any provision hereof of this Indenture limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act thereunder to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, --------------------------------- qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern the Indenture or this IndentureSupplement, the latter provision shall control. If any provision of this Indenture hereof modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture Supplement as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision provi- sion of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.. ARTICLE TWO

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such the Trust Indenture Act to be a part of and govern this Indenture, the latter provision of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter modified or excluded provision of the Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a another provision hereof which is required to be included in this Indenture by any of the provisions of the Trust Indenture Act which is Act, such required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision --------------------------------- hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this IndentureAgreement, the latter provision shall control. If any provision of this Indenture Agreement modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture Agreement as so modified or shall be deemed to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.any

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a another provision hereof which is required or deemed to be included in this Indenture by any of the provisions of the Trust Indenture Act which is Act, such required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.. ARTICLE II

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.. BN 83619860v1

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter such required provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, such provision of the latter provision Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof of this Subordinated Indenture limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act act to be a part of and govern this Subordinated Indenture, the latter provision shall control. If any provision of this Subordinated Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter former provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may beapply.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a another provision hereof which is required to be included in this Indenture by any of the provisions of the Trust Indenture Act which is Act, such required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to in this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision --------------------------------- hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or shall be deemed to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a another provision hereof which is required to be included in this Indenture by any of the provisions of the Trust Indenture Act which is Act, such required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed deemed, for purposes of this Indenture, to apply to this Indenture as be so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a another provision hereof which is required to be included in this Indenture by any of the provisions of the Trust Indenture Act which is Act, such required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Northeast Generation Company Indenture -------------------------------------- Indenture Act which that may be so modified or excluded, the latter provision shall be deemed deemed, for purposes of this Indenture, to apply to this Indenture as be so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, such required provision of the latter provision Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision of the Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to shall be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to tot be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts con flicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision pro vision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof hereof, including without limitation, Section 5.13 (The Intercreditor Agreement) hereof, limits, qualifies or conflicts with a another provision hereof which is required to be included in this Indenture by any of the provisions of the Trust Indenture Act which is Act, such required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to in this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof omits, limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof of this Indenture limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision required provisions of the Trust Indenture Act shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision of the Trust Indenture Act shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required or deemed under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. This Indenture is subject to, and shall be governed by, the provisions of the Trust Indenture Act that are required to be a part of this Indenture. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.of

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of which is required to be included in this Indenture by the Trust Indenture Act which is required under such Act to be a part of and govern this IndentureAct, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such the Trust Indenture Act to be a part of and to govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this IndentureAct, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.. 26

Conflict with Trust Indenture Act. If This Indenture is subject to the Trust Indenture Act and if any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Trust Indenture Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any --------------------------------- provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case may be.

Conflict with Trust Indenture Act. If any provision hereof limits, qualifies or conflicts with a provision of the Trust Indenture Act which that is required under such Act to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture modifies or excludes any provision of the Trust Indenture Act which that may be so modified or excluded, the latter provision shall be deemed to apply to this Indenture as so modified or to be excluded, as the case can may be.