Common use of Defaulted Amounts Clause in Contracts

Defaulted Amounts. Any Defaulted Amounts shall forthwith cease to be payable to the Holder on the relevant payment date by virtue of its having been such Holder but shall accrue interest per annum at the interest rate borne by the Securities, subject to the enforceability thereof under applicable law, from, and including, such relevant payment date until, but excluding, such Defaulted Amounts shall have been paid by the Company, at its election in each case, as provided in subsection (a) or (b) below: (a) The Company may elect to make payment of any Defaulted Amounts to the Persons in whose names the Securities are registered at the close of business on a special record date for the payment of such Defaulted Amounts, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of the Defaulted Amounts proposed to be paid on each Security and the date of the proposed payment (which shall be not less than 25 days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Amounts or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in this subsection provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Amounts which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment, and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee of such special record date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Amounts and the special record date therefor to be mailed, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so mailed, such Defaulted Amounts shall be paid to the Persons in whose names the Securities are registered at the close of business on such special record date and shall no longer be payable pursuant to the following subsection (b) of this Section 3.06. (b) The Company may make payment of any Defaulted Amounts in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.

Defaulted Amounts. Any Whenever any amount payable on a Note (including the principal of, the Fundamental Change Repurchase Price or Redemption Price for, and interest on, such Note) has become due and payable, but the Company fails to punctually pay or duly provide for such amount (any such amount, a “Defaulted Amounts shall Amount”), such Defaulted Amount will forthwith cease to be payable to the Holder of such Note on the relevant payment date by virtue of its having been due such Holder payment on such payment date, but shall accrue interest per annum at the interest rate borne by the Securitieswill instead, subject to the enforceability thereof extent permitted under applicable law, accrue interest (including post-petition interest in any proceeding under Bankruptcy Law) (“Default Interest”) at a rate equal to 10% per annum from, and including, such relevant payment date untiland to, but excluding, the date on which such Defaulted Amounts shall have been Amount is paid by the Company, at its election Company in each case, as provided in subsection accordance with either clause (ai) or (bii) below:. (ai) The Company may elect to make payment of pay any Defaulted Amounts Amount and Default Interest on such Defaulted Amount to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on a special record date for the payment of such Defaulted Amounts, which shall be Amount and Default Interest (a “Special Regular Record Date”) fixed in accordance with the following manner. The procedures: (A) At least 30 days before the date on which the Company shall notify proposes to pay such Defaulted Amounts and Default Interest thereon, the Company will deliver to the Trustee in writing written notice of the amount of the Defaulted Amounts proposed to be paid on each Security and the date of (I) the proposed payment date for such Defaulted Amounts and Default Interest thereon and (which shall be not less than 25 days after II) the receipt by the Trustee aggregate amount of such noticeDefaulted Amounts and Default Interest thereon. (B) Simultaneously with delivering such notice to the Trustee, unless the Trustee shall consent to an earlier date), and at the same time the Company shall will either (I) deposit with the Trustee an amount of money money, in immediately available funds, equal to the aggregate amount to be paid in respect of such Defaulted Amounts and Default Interest thereon, or shall make arrangements (II) take other actions that the Trustee deems reasonably satisfactory to ensure that an amount of money, in immediately available funds, equal to the aggregate of such Defaulted Amounts and Default Interest thereon will be deposited with the Trustee for such deposit by 10:00 a.m., New York City time, on or prior to the date of the proposed paymentpayment date, and in either case, upon receipt of such money, the Trustee will hold such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in and Default Interest pursuant to this subsection providedSection 2.04(d)(i). Thereupon ‌ ​ ​ (C) Upon (i) receipt of such notice and (ii) the Company’s depositing such money or taking such other actions reasonably satisfactory to the Trustee, the Company shall will promptly fix a special record date Special Regular Record Date for the payment of such Defaulted Amounts and Default Interest thereon, which shall Special Regular Record Date will be not more than 15 calendar days and not less than 10 calendar days prior to the date of the proposed paymentpayment date, and not less than 10 days after the receipt by notify the Trustee of the notice of the proposed paymentSpecial Regular Record Date. The Company shall promptly notify the Trustee of such special record date and the Trusteewill then, in the name and at the expense of the Company, shall cause deliver notice of to each Holder specifying such Special Regular Record Date and the proposed payment of date on which such Defaulted Amounts and Default Interest thereon will be paid by the special record date therefor to be mailedCompany. (D) After such notice has been delivered by the Trustee, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so mailed, such Defaulted Amounts shall Default Interest thereon will be paid to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on the Special Regular Record Date specified in such special record date notice and shall such Defaulted Amounts and Default Interest thereon will no longer be payable pursuant to the following subsection clause (bii) of this Section 3.062.04(d)(i). (bii) The Company may make payment of pay any Defaulted Amounts and Default Interest on such Defaulted Amounts in any other lawful manner that is not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities may be Notes are then listed (or, if applicable, have been approved for listing) or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall will be deemed practicable by the Trustee.

Defaulted Amounts. Any Whenever any amount payable on a Note (including, the principal of, the Fundamental Change Repurchase Price or Redemption Price for, and interest on, such Note) has become due and payable, but the Company fails to punctually pay or duly provide for such amount (any such amount, a “Defaulted Amounts shall Amount”), such Defaulted Amount will forthwith cease to be payable to the Holder of such Note on the relevant payment date by virtue of its having been due such Holder payment on such payment date, but shall accrue interest per annum at the interest rate borne by the Securitieswill instead, subject to the enforceability thereof extent permitted under applicable law, accrue interest (“Default Interest”) at a rate equal to the then-applicable interest rate plus 1.00% per annum from, and including, such relevant payment date untiland to, but excluding, the date on which such Defaulted Amounts shall have been Amount is paid by the Company, at its election Company in each case, as provided in subsection (aaccordance with either Section 2.05(d)(i) or (bSection 2.05(d)(ii) below:. (ai) The Company may elect to make payment of pay any Defaulted Amounts Amount and Default Interest on such Defaulted Amount to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on a special record date for the payment of such Defaulted Amounts, which shall be Amount and Default Interest (a “Special Regular Record Date”) fixed in accordance with the following manner. The procedures: (1) At least 30 days before the date on which the Company shall notify proposes to pay such Defaulted Amounts and Default Interest thereon, the Company will deliver to the Trustee in writing written notice of the amount of the Defaulted Amounts proposed to be paid on each Security and the date of (I) the proposed payment date for such Defaulted Amounts and Default Interest thereon and (which shall be not less than 25 days after II) the receipt by the Trustee aggregate amount of such noticeDefaulted Amounts and Default Interest thereon. (2) Simultaneously with delivering such notice to the Trustee, unless the Trustee shall consent to an earlier date), and at the same time the Company shall will either (I) deposit with the Trustee an amount of money money, in immediately available funds, equal to the aggregate amount to be paid in respect of such Defaulted Amounts and Default Interest thereon, or shall make arrangements (II) take other actions that the Trustee deems reasonably satisfactory to ensure that an amount of money, in immediately available funds, equal to the aggregate of such Defaulted Amounts and Default Interest thereon will be deposited with the Trustee for such deposit by 10:00 a.m., New York City time, on or the day that is five Business Days prior to the date proposed payment date, and in either case, upon receipt of such money, the proposed payment, Trustee will hold such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in and Default Interest pursuant to this subsection provided. Thereupon Section 2.05(d)(i). (3) Upon (i) receipt of such notice and (ii) the Company’s depositing such money or taking such other actions reasonably satisfactory to the Trustee, the Company shall will promptly fix a special record date Special Regular Record Date for the payment of such Defaulted Amounts and Default Interest thereon, which shall Special Regular Record Date will be not more than 15 calendar days and not less than 10 days prior to the date of the proposed paymentpayment date, and not less than 10 days after the receipt by notify the Trustee of the notice of the proposed paymentSpecial Regular Record Date. The Company shall promptly notify the Trustee of such special record date and the Trusteewill then, in the name and at the expense of the Company, shall cause deliver notice of to each Holder specifying such Special Regular Record Date and the proposed payment of date on which such Defaulted Amounts and Default Interest thereon will be paid by the special record date therefor to be mailedCompany. (4) After such notice has been delivered by the Trustee, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so mailed, such Defaulted Amounts shall Default Interest thereon will be paid to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on the Special Regular Record Date specified in such special record date notice and shall such Defaulted Amounts and Default Interest thereon will no longer be payable pursuant to the following subsection (b) of this Section 3.062.05(d). (bii) The Company may make payment of pay any Defaulted Amounts and Default Interest on such Defaulted Amounts in any other lawful manner that is not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities may be Notes are then listed (or, if applicable, have been approved for listing) or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clauseSection 2.05(d)(ii), such manner of payment shall will be deemed practicable by the Trustee.

Defaulted Amounts. Any Whenever any amount payable on a Note (including, the principal of, the Fundamental Change Repurchase Price or Redemption Price for, and interest on, such Note) has become due and payable, but the Company fails to punctually pay or duly provide for such amount (any such amount, a “Defaulted Amounts shall Amount”), such Defaulted Amount will forthwith cease to be payable to the Holder of such Note on the relevant payment date by virtue of its having been due such Holder payment on such payment date, but shall accrue interest per annum at the interest rate borne by the Securitieswill instead, subject to the enforceability thereof extent permitted under applicable law, accrue interest (“Default Interest”) at a rate equal to the then-applicable interest rate plus 1.00% per annum from, and including, such relevant payment date untiland to, but excluding, the date on which such Defaulted Amounts shall have been Amount is paid by the Company, at its election Company in each case, as provided in subsection (aaccordance with either Section 2.04(d)(i) or (bSection 2.04(d)(ii) below:. (ai) The Company may elect to make payment of pay any Defaulted Amounts Amount and Default Interest on such Defaulted Amount to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on a special record date for the payment of such Defaulted Amounts, which shall be Amount and Default Interest (a “Special Regular Record Date”) fixed in accordance with the following manner. The procedures: (1) At least 30 days before the date on which the Company shall notify proposes to pay such Defaulted Amounts and Default Interest thereon, the Company will deliver to the Trustee in writing written notice of the amount of the Defaulted Amounts proposed to be paid on each Security and the date of (I) the proposed payment date for such Defaulted Amounts and Default Interest thereon and (which shall be not less than 25 days after II) the receipt by the Trustee aggregate amount of such noticeDefaulted Amounts and Default Interest thereon. (2) Simultaneously with delivering such notice to the Trustee, unless the Trustee shall consent to an earlier date), and at the same time the Company shall will either (I) deposit with the Trustee an amount of money money, in immediately available funds, equal to the aggregate amount to be paid in respect of such Defaulted Amounts and Default Interest thereon, or shall make arrangements (II) take other actions that the Trustee deems reasonably satisfactory to ensure that an amount of money, in immediately available funds, equal to the aggregate of such Defaulted Amounts and Default Interest thereon will be deposited with the Trustee for such deposit by 10:00 a.m., New York City time, on or the day that is five Business Days prior to the date proposed payment date, and in either case, upon receipt of such money, the proposed payment, Trustee will hold such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in and Default Interest pursuant to this subsection provided. Thereupon Section 2.04(d)(i). (3) Upon (i) receipt of such notice and (ii) the Company’s depositing such money or taking such other actions reasonably satisfactory to the Trustee, the Company shall will promptly fix a special record date Special Regular Record Date for the payment of such Defaulted Amounts and Default Interest thereon, which shall Special Regular Record Date will be not more than 15 calendar days and not less than 10 days prior to the date of the proposed paymentpayment date, and not less than 10 days after the receipt by notify the Trustee of the notice of the proposed paymentSpecial Regular Record Date. The Company shall promptly notify the Trustee of such special record date and the Trusteewill then, in the name and at the expense of the Company, shall cause deliver notice of to each Holder specifying such Special Regular Record Date and the proposed payment of date on which such Defaulted Amounts and Default Interest thereon will be paid by the special record date therefor to be mailedCompany. (4) After such notice has been delivered by the Trustee, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so mailed, such Defaulted Amounts shall Default Interest thereon will be paid to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on the Special Regular Record Date specified in such special record date notice and shall such Defaulted Amounts and Default Interest thereon will no longer be payable pursuant to the following subsection (b) of this Section 3.062.04(d). (bii) The Company may make payment of pay any Defaulted Amounts and Default Interest on such Defaulted Amounts in any other lawful manner that is not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities may be Notes are then listed (or, if applicable, have been approved for listing) or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clauseSection 2.04(d)(ii), such manner of payment shall will be deemed practicable by the Trustee.

Defaulted Amounts. Any If (i) the Company fails to pay any amount payable on the Notes (including, without limitation, the Redemption Price, the Fundamental Change Repurchase Price, principal amount and interest) on or before the due date therefor as provided in this Indenture and the Notes, then, regardless of whether such failure constitutes an Event of Default, or (ii) a Default or Event of Default occurs (such amount payable or the principal amount outstanding as of such failure to pay, or Default or Event of Default (as applicable, a “Defaulted Amounts shall forthwith cease to be payable Amount”)) then in each case, to the Holder extent lawful, interest (“Default Interest”) will accrue on such Defaulted Amount at a rate per annum equal to eight percent (8.0%) in excess of the Stated Interest on the relevant payment date by virtue of its having been such Holder but shall accrue interest per annum at the interest rate borne by the Securities, subject to the enforceability thereof under applicable lawNotes, from, and including, such relevant payment due date untilor the date of such Default or Event of Default, as applicable, to, but excluding, the date such failure to pay or Default or Event of Default is cured and all outstanding Default Interest under this Indenture has been paid, as applicable. Such Defaulted Amounts together with such Default Interest thereon shall have been be paid by the Company, at its election in each case, as provided in subsection clause (ai) or (bii) below: (ai) The Company may elect to make payment of any Defaulted Amounts to the Persons in whose names the Securities Notes (or their respective Predecessor Notes) are registered at the close of business on a special record date for the payment of such Defaulted Amounts, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of the Defaulted Amounts proposed to be paid on each Security Note and the date of the proposed payment (which shall be not less than 25 days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Amounts or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in this subsection clause provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Amounts which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment, and not less than 10 days after the receipt by the Trustee of the notice of the proposed paymentpayment (unless the Trustee shall consent to an earlier date). The Company shall promptly notify the Trustee in writing of such special record date at least five (5) Business Days before such notice is to be sent to the Holders and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Amounts and the special record date therefor to be mailed, first-class postage prepaid, delivered to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so maileddelivered, such Defaulted Amounts shall be paid to the Persons in whose names the Securities Notes (or their respective Predecessor Notes) are registered at the close of business on such special record date and shall no longer be payable pursuant to the following subsection clause (bii) of this Section 3.062.03(C). The Trustee shall have no responsibility whatsoever for the calculation of the Defaulted Amounts. (bii) The Company may make payment of any Defaulted Amounts in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities Notes may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after written notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.

Defaulted Amounts. Any Whenever any amount payable on a Note (including, the principal of, the Fundamental Change Repurchase Price or Redemption Price for, and interest on, such Note) has become due and payable, but the Company fails to punctually pay or duly provide for such amount (any such amount, a “Defaulted Amounts shall Amount”), such Defaulted Amount will forthwith cease to be payable to the Holder of such Note on the relevant payment date by virtue of its having been due such Holder payment on such payment date, but shall accrue interest per annum at the interest rate borne by the Securitieswill instead, subject to the enforceability thereof extent permitted under applicable law, accrue interest (“Default Interest”) at a rate equal to 4.125% per annum from, and including, such relevant payment date untiland to, but excluding, the date on which such Defaulted Amounts shall have been Amount is paid by the Company, at its election Company in each case, as provided in subsection accordance with either clause (ai) or (bii) below:. (ai) The Company may elect to make payment of pay any Defaulted Amounts Amount and Default Interest on such Defaulted Amount to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on a special record date for the payment of such Defaulted Amounts, which shall be Amount and Default Interest (a “Special Regular Record Date”) fixed in accordance with the following manner. The procedures: (1) At least 30 days before the date on which the Company shall notify proposes to pay such Defaulted Amounts and Default Interest thereon, the Company will deliver to the Trustee in writing written notice of the amount of the Defaulted Amounts proposed to be paid on each Security and the date of (I) the proposed payment date for such Defaulted Amounts and Default Interest thereon and (which shall be not less than 25 days after II) the receipt by the Trustee aggregate amount of such noticeDefaulted Amounts and Default Interest thereon. (2) Simultaneously with delivering such notice to the Trustee, unless the Trustee shall consent to an earlier date), and at the same time the Company shall will either (I) deposit with the Trustee an amount of money money, in immediately available funds, equal to the aggregate amount to be paid in respect of such Defaulted Amounts and Default Interest thereon, or shall make arrangements (II) take other actions that the Trustee deems reasonably satisfactory to ensure that an amount of money, in immediately available funds, equal to the aggregate of such Defaulted Amounts and Default Interest thereon will be deposited with the Trustee for such deposit by 11:00 a.m., New York City time, on or the day that is five Business Days prior to the date proposed payment date, and in either case, upon receipt of such money, the proposed payment, Trustee will hold such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in and Default Interest pursuant to this subsection provided. Thereupon Section 2.04(d)(i). (3) Upon (i) receipt of such notice and (ii) the Company’s depositing such money or taking such other actions reasonably satisfactory to the Trustee, the Company shall will promptly fix a special record date Special Regular Record Date for the payment of such Defaulted Amounts and Default Interest thereon, which shall Special Regular Record Date will be not more than 15 calendar days and not less than 10 days prior to the date of the proposed paymentpayment date, and not less than 10 days after the receipt by notify the Trustee of the notice of the proposed paymentSpecial Regular Record Date. The Company shall promptly notify the Trustee of such special record date and the Trusteewill then, in the name and at the expense of the Company, shall cause deliver notice of to each Holder specifying such Special Regular Record Date and the proposed payment of date on which such Defaulted Amounts and Default Interest thereon will be paid by the special record date therefor to be mailedCompany. (4) After such notice has been delivered by the Trustee, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so mailed, such Defaulted Amounts shall Default Interest thereon will be paid to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on the Special Regular Record Date specified in such special record date notice and shall such Defaulted Amounts and Default Interest thereon will no longer be payable pursuant to the following subsection clause (bii) of this Section 3.062.04(d)(i). (bii) The Company may make payment of pay any Defaulted Amounts and Default Interest on such Defaulted Amounts in any other lawful manner that is not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities may be Notes are then listed (or, if applicable, have been approved for listing) or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall will be deemed practicable by the Trustee.

Defaulted Amounts. Any Whenever any amount payable on a Note (including, the principal of, the Fundamental Change Repurchase Price or Redemption Price for, and interest on, such Note) has become due and payable, but the Company fails to punctually pay or duly provide for such amount (any such amount, a “Defaulted Amounts shall Amount”), such Defaulted Amount will forthwith cease to be payable to the Holder of such Note on the relevant payment date by virtue of its having been due such Holder payment on such payment date, but shall accrue interest per annum at the interest rate borne by the Securitieswill instead, subject to the enforceability thereof extent permitted under applicable law, accrue interest (“Default Interest”) at a rate equal to the then-applicable interest rate plus 1.00% per annum from, and including, such relevant payment date untiland to, but excluding, the date on which such Defaulted Amounts shall have been Amount is paid by the Company, at its election Company in each case, as provided in subsection (aaccordance with either Section 2.04(d)(i) or (bSection 2.04(d)(ii) below:. (ai) The Company may elect to make payment of pay any Defaulted Amounts Amount and Default Interest on such Defaulted Amount to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on a special record date for the payment of such Defaulted Amounts, which shall be Amount and Default Interest (a “Special Regular Record Date”) fixed in accordance with the following manner. The procedures: (1) At least 30 days before the date on which the Company shall notify proposes to pay such Defaulted Amounts and Default Interest thereon, the Company will deliver to the Trustee in writing written notice of the amount of the Defaulted Amounts proposed to be paid on each Security and the date of (I) the proposed payment date for such Defaulted Amounts and Default Interest thereon and (which shall be not less than 25 days after II) the receipt by the Trustee aggregate amount of such noticeDefaulted Amounts and Default Interest thereon. (2) Simultaneously with delivering such notice to the Trustee, unless the Trustee shall consent to an earlier date), and at the same time the Company shall will either (I) deposit with the Trustee an amount of money money, in immediately available funds, equal to the aggregate amount to be paid in respect of such Defaulted Amounts and Default Interest thereon, or shall make arrangements (II) take other actions that the Trustee deems reasonably satisfactory to ensure that an amount of money, in immediately available funds, equal to the aggregate of such Defaulted Amounts and Default Interest thereon will be deposited with the Trustee for such deposit by 10:00 a.m., New York City time, on or the day that is five Business Days prior to the date proposed payment date, and in either case, upon receipt of such money, the proposed payment, Trustee will hold such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in and Default Interest pursuant to this subsection provided. Thereupon Section 2.04(d)(i). (3) Upon (i) receipt of such notice and (ii) the Company’s depositing such money or taking such other actions reasonably satisfactory to the Trustee, the Company shall will promptly fix a special record date Special Regular Record Date for the payment of such Defaulted Amounts and Default Interest thereon, which shall Special Regular Record Date will be not more than 15 calendar days and not less than 10 days prior to the date of the proposed paymentpayment date, and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee of such special record date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Amounts and the special record date therefor to be mailed, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so mailed, such Defaulted Amounts shall be paid to the Persons in whose names the Securities are registered at the close of business on such special record date and shall no longer be payable pursuant to the following subsection (b) of this Section 3.06. (b) The Company may make payment of any Defaulted Amounts in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trustee.the

Defaulted Amounts. Any Whenever any amount payable on a Note (including the principal of, the Fundamental Change Repurchase Price or Redemption Price for, and interest on, such Note) has become due and payable, but the Company fails to punctually pay or duly provide for such amount (any such amount, a “Defaulted Amounts shall Amount”), such Defaulted Amount will forthwith cease to be payable to the Holder of such Note on the relevant payment date by virtue of its having been due such Holder payment on such payment date, but shall accrue interest per annum at the interest rate borne by the Securitieswill instead, subject to the enforceability thereof extent permitted under applicable law, accrue interest (including post-petition interest in any proceeding under Bankruptcy Law) (“Default Interest”) at a rate equal to 10% per annum from, and including, such relevant payment date untiland to, but excluding, the date on which such Defaulted Amounts shall have been Amount is paid by the Company, at its election Company in each case, as provided in subsection accordance with either clause (ai) or (bii) below:. (ai) The Company may elect to make payment of pay any Defaulted Amounts Amount and Default Interest on such Defaulted Amount to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on a special record date for the payment of such Defaulted Amounts, which shall be Amount and Default Interest (a “Special Regular Record Date”) fixed in accordance with the following manner. The procedures: (A) At least 30 days before the date on which the Company shall notify proposes to pay such Defaulted Amounts and Default Interest thereon, the Company will deliver to the Trustee in writing written notice of the amount of the Defaulted Amounts proposed to be paid on each Security and the date of (I) the proposed payment date for such Defaulted Amounts and Default Interest thereon and (which shall be not less than 25 days after II) the receipt by the Trustee aggregate amount of such noticeDefaulted Amounts and Default Interest thereon. (B) Simultaneously with delivering such notice to the Trustee, unless the Trustee shall consent to an earlier date), and at the same time the Company shall will either (I) deposit with the Trustee an amount of money money, in immediately available funds, equal to the aggregate amount to be paid in respect of such Defaulted Amounts and Default Interest thereon, or shall make arrangements (II) take other actions that the Trustee deems reasonably satisfactory to ensure that an amount of money, in immediately available funds, equal to the aggregate of such Defaulted Amounts and Default Interest thereon will be deposited with the Trustee for such deposit by 10:00 a.m., New York City time, on or prior to the date of the proposed paymentpayment date, and in either case, upon receipt of such money, the Trustee will hold such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in and Default Interest pursuant to this subsection provided. Thereupon Section 2.04(d)(i). (C) Upon (i) receipt of such notice and (ii) the Company’s depositing such money or taking such other actions reasonably satisfactory to the Trustee, the Company shall will promptly fix a special record date Special Regular Record Date for the payment of such Defaulted Amounts and Default Interest thereon, which shall Special Regular Record Date will be not more than 15 calendar days and not less than 10 calendar days prior to the date of the proposed paymentpayment date, and not less than 10 days after the receipt by notify the Trustee of the notice of the proposed paymentSpecial Regular Record Date. The Company shall promptly notify the Trustee of such special record date and the Trusteewill then, in the name and at the expense of the Company, shall cause deliver notice of to each Holder specifying such Special Regular Record Date and the proposed payment of date on which such Defaulted Amounts and Default Interest thereon will be paid by the special record date therefor to be mailedCompany. (D) After such notice has been delivered by the Trustee, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so mailed, such Defaulted Amounts shall Default Interest thereon will be paid to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on the Special Regular Record Date specified in such special record date notice and shall such Defaulted Amounts and Default Interest thereon will no longer be payable pursuant to the following subsection clause (bii) of this Section 3.062.04(d)(i). (bii) The Company may make payment of pay any Defaulted Amounts and Default Interest on such Defaulted Amounts in any other lawful manner that is not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities may be Notes are then listed (or, if applicable, have been approved for listing) or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall will be deemed practicable by the Trustee.

Defaulted Amounts. Any Whenever any amount payable on a Note (including, the principal of, the Fundamental Change Repurchase Price, the Net Proceeds Offer Price or Redemption Price for, and interest on, such Note) has become due and payable, but the Company fails to punctually pay or duly provide for such amount (any such amount, a “Defaulted Amounts shall Amount”), such Defaulted Amount will forthwith cease to be payable to the Holder of such Note on the relevant payment date by virtue of its having been due such Holder payment on such payment date, but shall accrue interest per annum at the interest rate borne by the Securitieswill instead, subject to the enforceability thereof extent permitted under applicable law, accrue interest (including post-petition interest in any proceeding under Bankruptcy Law) (“Default Interest”) at a rate equal to 9.00% per annum from, and including, such relevant payment date untiland to, but excluding, the date on which such Defaulted Amounts shall have been Amount is paid by the Company, at its election Company in each case, as provided in subsection accordance with either clause (ai) or (bii) below:. (ai) The Company may elect to make payment of pay any Defaulted Amounts Amount and Default Interest on such Defaulted Amount to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on a special record date for the payment of such Defaulted Amounts, which shall be Amount and Default Interest (a “Special Regular Record Date”) fixed in accordance with the following manner. The procedures: (A) At least 30 days before the date on which the Company shall notify proposes to pay such Defaulted Amounts and Default Interest thereon, the Company will deliver to the Trustee in writing written notice of the amount of the Defaulted Amounts proposed to be paid on each Security and the date of (I) the proposed payment date for such Defaulted Amounts and Default Interest thereon and (which shall be not less than 25 days after II) the receipt by the Trustee aggregate amount of such noticeDefaulted Amounts and Default Interest thereon. (B) Simultaneously with delivering such notice to the Trustee, unless the Trustee shall consent to an earlier date), and at the same time the Company shall will either (I) deposit with the Trustee an amount of money money, in immediately available funds, equal to the aggregate amount to be paid in respect of such Defaulted Amounts and Default Interest thereon, or shall make arrangements (II) take other actions that the Trustee deems reasonably satisfactory to ensure that an amount of money, in immediately available funds, equal to the aggregate of such Defaulted Amounts and Default Interest thereon will be deposited with the Trustee for such deposit by 10:00 a.m., New York City time, on or prior to the date of the proposed paymentpayment date, and in either case, upon receipt of such money, the Trustee will hold such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in and Default Interest pursuant to this subsection provided. Thereupon Section 2.04(d)(i). (C) Upon (i) receipt of such notice and (ii) the Company’s depositing such money or taking such other actions reasonably satisfactory to the Trustee, the Company shall will promptly fix a special record date Special Regular Record Date for the payment of such Defaulted Amounts and Default Interest thereon, which shall Special Regular Record Date will be not more than 15 calendar days and not less than 10 calendar days prior to the date of the proposed paymentpayment date, and not less than 10 days after the receipt by notify the Trustee of the notice of the proposed paymentSpecial Regular Record Date. The Company shall promptly notify the Trustee of such special record date and the Trusteewill then, in the name and at the expense of the Company, shall cause deliver notice of to each Holder specifying such Special Regular Record Date and the proposed payment of date on which such Defaulted Amounts and Default Interest thereon will be paid by the special record date therefor to be mailedCompany. (D) After such notice has been delivered by the Trustee, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so mailed, such Defaulted Amounts shall Default Interest thereon will be paid to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on the Special Regular Record Date specified in such special record date notice and shall such Defaulted Amounts and Default Interest thereon will no longer be payable pursuant to the following subsection clause (bii) of this Section 3.062.04(d)(i). (bii) The Company may make payment of pay any Defaulted Amounts and Default Interest on such Defaulted Amounts in any other lawful manner that is not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities may be Notes are then listed (or, if applicable, have been approved for listing) or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall will be deemed practicable by the Trustee.

Defaulted Amounts. Any Whenever any amount payable on a Note (including, the principal of, the Fundamental Change Repurchase Price or Redemption Price for, and interest on, such Note) has become due and payable, but the Company fails to punctually pay or duly provide for such amount (any such amount, a "Defaulted Amounts shall Amount"), such Defaulted Amount will forthwith cease to be payable to the Holder of such Note on the relevant payment date by virtue of its having been due such Holder payment on such payment date, but shall accrue interest per annum at the interest rate borne by the Securitieswill instead, subject to the enforceability thereof extent permitted under applicable law, accrue interest ("Default Interest") at a rate equal the interest rate in effect immediately prior to the accrual of Default Interest plus 0.50% per annum from, and including, such relevant payment date untiland to, but excluding, the date on which such Defaulted Amounts shall have been Amount is paid by the Company, at its election Company in each case, as provided in subsection accordance with either clause (a) or (bi) below:. (ai) The Company may elect to make payment of pay any Defaulted Amounts Amount and Default Interest on such Defaulted Amount to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on a special record date for the payment of such Defaulted Amounts, which shall be Amount and Default Interest (a "Special Regular Record Date") fixed in accordance with the following manner. The procedures: (A) At least 30 days before the date on which the Company shall notify proposes to pay such Defaulted Amounts and Default Interest thereon, the Company will deliver to the Trustee in writing written notice of the amount of the Defaulted Amounts proposed to be paid on each Security and the date of (I) the proposed payment date for such Defaulted Amounts and Default Interest thereon and (which shall be not less than 25 days after II) the receipt by the Trustee aggregate amount of such noticeDefaulted Amounts and Default Interest thereon. (B) Simultaneously with delivering such notice to the Trustee, unless the Trustee shall consent to an earlier date), and at the same time the Company shall will deposit with the Trustee an amount of money money, in immediately available funds, equal to the aggregate amount to be paid in respect of such Defaulted Amounts or shall make arrangements satisfactory to and Default Interest thereon, and upon receipt of such money, the Trustee for such deposit on or prior to the date of the proposed payment, will hold such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in and Default Interest pursuant to this subsection provided. Thereupon Section 2.04(d)(i). (C) Upon (i) receipt of such notice and (ii) the Company's depositing such money, the Company shall will promptly fix a special record date Special Regular Record Date for the payment of such Defaulted Amounts and Default Interest thereon, which shall Special Regular Record Date will be not more than 15 calendar days and not less than 10 calendar days prior to the payment date of on which such Defaulted Amounts and Default Interest thereon will be paid by the proposed paymentCompany, and not less than 10 days after the receipt by notify the Trustee of the notice of the proposed paymentSpecial Regular Record Date. The Company shall promptly notify the Trustee of such special record date and the Trusteewill then, in the name and at the expense of the Company, shall cause deliver notice of to each Holder specifying such Special Regular Record Date and the proposed payment of date on which such Defaulted Amounts and Default Interest thereon will be paid by the special record date therefor to be mailedCompany. (D) After such notice has been delivered by the Trustee, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so mailed, such Defaulted Amounts shall Default Interest thereon will be paid to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on the Special Regular Record Date specified in such special record date notice and shall such Defaulted Amounts and Default Interest thereon will no longer be payable pursuant to the following subsection clause (bii) of this Section 3.062.04(d)(i). (bii) The Company may make payment of pay any Defaulted Amounts and Default Interest on such Defaulted Amounts in any other lawful manner that is not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities may be Notes are then listed (or, if applicable, have been listed) or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after written notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall will be deemed practicable by the Trustee.

Defaulted Amounts. Any Defaulted Amounts shall forthwith cease to be payable to the Holder on the relevant payment date by virtue of its having been such Holder but shall accrue interest per annum at the interest rate borne by the SecuritiesNew Convertible Notes, subject to the enforceability thereof under applicable law, from, and including, such the relevant payment date untildate, but excluding, and such Defaulted Amounts together with such interest thereon shall have been be paid by the Company, at its election in each case, as provided in subsection clause (ai) or (bii) below: (ai) The Company may elect to make payment or cause the Paying Agent (if other than the Company) to make payment of any Defaulted Amounts to the Persons in whose names the Securities New Convertible Notes are registered at the close of business on a special record date for the payment of such Defaulted Amounts, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of the Defaulted Amounts proposed to be paid on each Security and the date of the proposed payment (which shall be not less than 25 days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Amounts or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in this subsection provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Amounts which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment, and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee of such special record date and the Trustee, in the name and at the expense of the Company, shall cause deliver notice of the proposed payment of such Defaulted Amounts and the special record date therefor to be mailed, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, Note Register not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so maileddelivered, such Defaulted Amounts shall be paid to the Persons in whose names the Securities New Convertible Notes are registered at the close of business on such special record date and shall no longer be payable pursuant to the following subsection clause (bii) of this Section 3.063.03. (bii) The Company may make payment of or cause the Paying Agent (if other than the Company) to make payment of any Defaulted Amounts in any other lawful manner not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities may be listed or designated for issuancemanner, and upon such notice as may be required by such exchange or automated quotation system, if, after written notice given by the Company to the Trustee Holders of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the TrusteeHolders.

Defaulted Amounts. Any If the Company fails to pay any amount (a “Defaulted Amounts shall Amount”) payable on a Note on or before the due date therefor as provided in this Indenture, then, regardless of whether such failure constitutes an Event of Default, (i) unless paid within applicable grace periods, if any, provided for in this Indenture, such Defaulted Amount will forthwith cease to be payable to the Holder of such Note otherwise entitled to such payment; (ii) to the extent lawful, interest (“Default Interest”) will accrue on such Defaulted Amount at a rate per annum equal to the relevant payment date by virtue of its having been such Holder but shall accrue interest rate per annum at the interest rate borne by the Securities, subject to the enforceability thereof under applicable lawwhich Stated Interest accrues, from, and including, such relevant payment due date untilto, but excluding, the date of payment of such Defaulted Amounts shall have been Amount and Default Interest; (iii) unless paid within applicable grace periods, if any, provided for in this Indenture, such Defaulted Amount and Default Interest will be paid on a payment date selected by the Company, at its election in each case, as provided in subsection (a) or (b) below: (a) The Company may elect to make payment of any Defaulted Amounts to the Persons in whose names Holder of such Note as of the Securities are registered at the close Close of business Business on a special record date for selected by the Company, provided that such special record date must be no more than fifteen (15), nor less than ten (10), calendar days before such payment date; and (iv) at least fifteen (15) calendar days before such special record date, the Company will send notice to the Trustee and the Holders that states such special record date, such payment date and the amount of such Defaulted Amounts, which shall be fixed in the following manner. The Company shall notify the Trustee in writing of the amount of the Defaulted Amounts proposed Amount and Default Interest to be paid on each Security and the date of the proposed such payment (which shall be not less than 25 days after the receipt by the Trustee of such notice, unless the Trustee shall consent to an earlier date), and at the same time the Company shall deposit with the Trustee an amount of money equal to the aggregate amount to be paid in respect of such Defaulted Amounts or shall make arrangements satisfactory to the Trustee for such deposit on or prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in this subsection provided. Thereupon the Company shall fix a special record date for the payment of such Defaulted Amounts which shall be not more than 15 days and not less than 10 days prior to the date of the proposed payment, and not less than 10 days after the receipt by the Trustee of the notice of the proposed payment. The Company shall promptly notify the Trustee of such special record date and the Trustee, in the name and at the expense of the Company, shall cause notice of the proposed payment of such Defaulted Amounts and the special record date therefor will have no duty to be mailed, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so mailed, such Defaulted Amounts shall be paid to the Persons in whose names the Securities are registered at the close of business on such special record date and shall no longer be payable pursuant to the following subsection (b) of this Section 3.06. (b) The Company may make payment of determine whether any Defaulted Amounts in any other lawful manner not inconsistent with Amount or Default Interest is payable or the requirements of any securities exchange or automated quotation system on which the Securities may be listed or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall be deemed practicable by the Trusteeamount thereof.

Defaulted Amounts. Any Whenever any amount payable on a Note (including, the principal of, the Fundamental Change Repurchase Price or Redemption Price for, and interest on, such Note) has become due and payable, but the Company fails to punctually pay or duly provide for such amount (any such amount, a “Defaulted Amounts shall Amount”), such Defaulted Amount will forthwith cease to be payable to the Holder of such Note on the relevant payment date by virtue of its having been due such Holder payment on such payment date, but shall accrue interest per annum at the interest rate borne by the Securitieswill instead, subject to the enforceability thereof extent permitted under applicable law, accrue interest (“Default Interest”) at a rate equal to 5.00% per annum from, and including, such relevant payment date untiland to, but excluding, the date on which such Defaulted Amounts shall have been Amount is paid by the Company, at its election Company in each case, as provided in subsection accordance with either clause (ai) or (bii) below:. (ai) The Company may elect to make payment of pay any Defaulted Amounts Amount and Default Interest on such Defaulted Amount to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on a special record date for the payment of such Defaulted Amounts, which shall be Amount and Default Interest (a “Special Regular Record Date”) fixed in accordance with the following manner. The procedures: (1) At least 30 days before the date on which the Company shall notify proposes to pay such Defaulted Amounts and Default Interest thereon, the Company will deliver to the Trustee in writing written notice of the amount of the Defaulted Amounts proposed to be paid on each Security and the date of (I) the proposed payment date for such Defaulted Amounts and Default Interest thereon and (which shall be not less than 25 days after II) the receipt by the Trustee aggregate amount of such noticeDefaulted Amounts and Default Interest thereon. (2) Simultaneously with delivering such notice to the Trustee, unless the Trustee shall consent to an earlier date), and at the same time the Company shall will either (I) deposit with the Trustee an amount of money money, in immediately available funds, equal to the aggregate amount to be paid in respect of such Defaulted Amounts and Default Interest thereon, or shall make arrangements (II) take other actions that the Trustee deems reasonably satisfactory to ensure that an amount of money, in immediately available funds, equal to the aggregate of such Defaulted Amounts and Default Interest thereon will be deposited with the Trustee for such deposit by 11:00 a.m., New York City time, on or the day that is five Business Days prior to the date proposed payment date, and in either case, upon receipt of such money, the proposed payment, Trustee will hold such money when deposited to be held in trust for the benefit of the Persons entitled to such Defaulted Amounts as in and Default Interest pursuant to this subsection provided. Thereupon ‎Section 2.04(d)(i). (3) Upon (i) receipt of such notice and (ii) the Company’s depositing such money or taking such other actions reasonably satisfactory to the Trustee, the Company shall will promptly fix a special record date Special Regular Record Date for the payment of such Defaulted Amounts and Default Interest thereon, which shall Special Regular Record Date will be not more than 15 calendar days and not less than 10 days prior to the date of the proposed paymentpayment date, and not less than 10 days after the receipt by notify the Trustee of the notice of the proposed paymentSpecial Regular Record Date. The Company shall promptly notify the Trustee of such special record date and the Trusteewill then, in the name and at the expense of the Company, shall cause deliver notice of to each Holder specifying such Special Regular Record Date and the proposed payment of date on which such Defaulted Amounts and Default Interest thereon will be paid by the special record date therefor to be mailedCompany. (4) After such notice has been delivered by the Trustee, first-class postage prepaid, to each Holder at its address as it appears in the Security Register, not less than 10 days prior to such special record date. Notice of the proposed payment of such Defaulted Amounts and the special record date therefor having been so mailed, such Defaulted Amounts shall Default Interest thereon will be paid to the Persons in whose names the Securities Notes (or their respective predecessor Notes) are registered at the close Close of business Business on the Special Regular Record Date specified in such special record date notice and shall such Defaulted Amounts and Default Interest thereon will no longer be payable pursuant to the following subsection clause (bii) of this Section 3.06‎Section 2.04(d). (bii) The Company may make payment of pay any Defaulted Amounts and Default Interest on such Defaulted Amounts in any other lawful manner that is not inconsistent with the requirements of any securities exchange or automated quotation system on which the Securities may be Notes are then listed (or, if applicable, have been approved for listing) or designated for issuance, and upon such notice as may be required by such exchange or automated quotation system, if, after notice given by the Company to the Trustee of the proposed payment pursuant to this clause, such manner of payment shall will be deemed practicable by the Trustee.