Common use of Covenants as to Trust Clause in Contracts

Covenants as to Trust. The Company covenants with each Holder of the Debentures that it will (i) for so long as Trust Preferred Securities are outstanding, (a) not convert the Debentures except pursuant to a notice of conversion delivered to the Conversion Agent under the Declaration by a holder of Trust Securities, (b) maintain directly or indirectly 100% ownership of the Trust Common Securities, provided, that any permitted successor of the Company under this Indenture may succeed to the Company's ownership of the Trust Common Securities; and (c) not voluntarily terminate, wind-up or liquidate the Trust, except in connection with (A) a distribution of the Debentures to the holders of Trust Preferred Securities in liquidation of the Trust, (B) the redemption of all Trust Securities or (C) mergers, consolidations or amalgamations permitted by the Declaration; (ii) use its commercially reasonable efforts, consistent with the terms and provisions of the Declaration to cause the Trust to remain classified as a grantor trust, and not taxable as a corporation, for United States federal income tax purposes; (iii) deliver shares of Common Stock upon an election by a holder of Debentures to convert such Debentures into or for Common Stock, and (iv) honor all obligations relating to the conversion or exchange of the Trust Securities into or for Common Stock or Debentures.

Covenants as to Trust. The Company covenants with each Holder of the 1998A Debentures that it will (i) for so long as Trust Preferred Securities are outstanding, (a) not convert the 1998A Debentures except pursuant to a notice of conversion delivered to the Conversion Agent under the Declaration by a holder of Trust Securities, (b) maintain directly or indirectly 100% ownership of the Trust Common Securities, provided, that any permitted successor of the Company under the Subordinated Indenture as amended by this First Supplemental Indenture may succeed to the Company's ownership of the Trust Common Securities; and (c) not voluntarily terminate, wind-up or liquidate the Trust, except in connection with (A) a distribution of the 1998A Debentures to the holders of Trust Preferred Securities in liquidation of the Trust, (B) the redemption of all Trust Securities or (C) mergers, consolidations or amalgamations permitted by the Declaration; (ii) use its commercially reasonable efforts, consistent with the terms and provisions of the Declaration to cause the Trust to remain classified as a grantor trust, and not taxable as a corporation, for United States federal income tax purposes; (iii) deliver shares of Common Stock upon an election by a holder of 1998A Debentures to convert such 1998A Debentures into or for Common Stock, and (iv) honor all obligations relating to the conversion or exchange of the Trust Securities into or for Common Stock or 1998A Debentures.

Covenants as to Trust. The Company covenants with each Holder of the 1998A Debentures that it will (i) for so long as Trust Preferred Securities are outstanding, (a) not convert the 1998A Debentures except pursuant to a notice of conversion delivered to the Conversion Agent under the Declaration by a holder of Trust Securities, ; (b) maintain directly or indirectly 100% ownership of the Trust Common Securities, provided, that any permitted successor of the Company under the Subordinated Indenture as amended by this First Supplemental Indenture may succeed to the Company's ownership of the Trust Common Securities; and (c) not voluntarily terminate, wind-up or liquidate the Trust, except in connection with (A) a distribution of the 1998A Debentures to the holders of Trust Preferred Securities in liquidation of the Trust, (B) the redemption of all Trust Securities or (C) mergers, consolidations or amalgamations permitted by the Declaration; (ii) use its commercially reasonable efforts, consistent with the terms and provisions of the Declaration to cause the Trust to remain classified as a grantor trust, and not taxable as a corporation, for United States federal income tax purposes; (iii) deliver shares of Common Stock upon an election by a holder of Debentures to convert such Debentures into or for Common Stock, ; and (iv) honor all obligations relating to the conversion or exchange of the Trust Securities into or for Common Stock or 1998A Debentures.