Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions. Subject to Section 9.06 hereof, all money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.05, the “Trustee”) pursuant to Section 9.04 hereof in respect of the outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as Paying Agent) as the Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal, premium, if any, and interest, but such money need not be segregated from other funds except to the extent required by law. The Company and Guarantors shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 9.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the outstanding Notes. Anything in this Article 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company any money or non-callable Government Securities held by it as provided in Section 9.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 9.04(a) hereof), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. The Collateral will be released from the Lien securing the Notes, as provided under Section 11.04 hereof, upon a Legal Defeasance or Covenant Defeasance in accordance with the provisions described in this Article 9.
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 98 Section 9.05. Repayment to Company 99
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 108 Section 8.06 Repayment to Issuer 108 Section 8.07 Reinstatement 109 ARTICLE IX Amendment, Supplement and Waiver 109 Section 9.01 Without Consent of Holders 109 Section 9.02 With Consent of Holders 110 Section 9.03 Revocation and Effect of Consents 112 Section 9.04 Notation on or Exchange of Notes 113
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 53 Section 12.06. Repayment to Issuer 53 Section 12.07. Reinstatement 54 Section 13.01. Indenture and Notes Solely Corporate Obligations 54
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 27 Section 8.06. Repayment to the Company 27 Section 8.07. Reinstatement 27 AMENDMENT, SUPPLEMENT AND WAIVER Section 9.01. Without Consent of Holders of Securities 28 Section 9.02. With Consent of Holders of Securities 28 Section 9.03. Compliance with Trust Indenture Act 29 Section 9.04. Revocation and Effect of Consents 29 Section 9.05. Notation on or Exchange of Securities 30 Section 9.06. Trustee to Sign Amendments, etc 30
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 64 Section 8.06 Repayment to Company 64 Section 8.07 [Reserved] 65 Section 8.08 Discharge 65 Section 9.01 Without Consent of Holders of Notes 65 Section 9.02 With Consent of Holders of Notes 67 Section 9.03 Revocation and Effect of Consents 68 Section 10.01 Subsidiary Guarantees 69 Section 10.02 Notation of Subsidiary Guarantees 70 Section 10.03 Guarantors May Consolidate, Etc., on Certain Terms 70 Section 10.04 Releases of Subsidiary Guarantees 71 Section 10.05 Limitation on Guarantor Liability 72 Section 10.06 “Trustee” to Include Paying Agent 72 Section 11.01 Conversion 72 Section 11.02 Conversion Procedure and Payment Upon Conversion 74 Section 11.03 Cash in Lieu of Fractional Shares 76 Section 11.04 Taxes on Conversion 76 Section 11.05 Company to Reserve, Provide and List Common Stock 76 Section 11.06 Adjustment of Conversion Rate 77 Section 11.07 No Adjustment 78 Section 11.08 Adjustments for Tax Purposes 78 Section 11.09 Notice of Adjustment 78 Section 11.10 Notice of Certain Transactions 78 Section 11.11 Effect of Reclassifications, Consolidations, Mergers, Binding Share Exchanges or Sales on Conversion Privilege 79 Section 11.12 Notice to Holders 80 Section 11.13 Trustee’s Disclaimer 80
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 90 Section 8.05. Repayment to Issuer 91 Section 8.06. Reinstatement 91 Section 8.07. Survival 92 Section 8.08. Satisfaction and Discharge of Indenture 92
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 38 Section 8.6. Repayment to Corporation 38 Section 8.7. Reinstatement 38 Section 8.8. Discharge 39 AMENDMENTS, SUPPLEMENTS AND WAIVERS 40 Section 9.1. Without Consent of Holders 40 Section 9.2. With Consent of Holders 41 Section 9.3. Compliance with Trust Indenture Act of 1939 42 Section 9.4. Revocation and Effect of Consents 42 Section 9.5. Notation on or Exchange of Securities 43 Section 9.6. Trustee to Sign Amendments, etc 43 SUBORDINATION OF SECURITIES 43 Section 10.1. Securities Subordinate to Senior Debt 43 Section 10.2. Distribution on Dissolution, Liquidation and Reorganization; Subrogation of Securities 43 Section 10.3. No Payment on Securities in Event of Default on Senior Debt 45 Section 10.4. Payments on Securities Permitted 45 Section 10.5. Authorization of Securityholders to Trustee to Effect Subordination 46 Section 10.6. Notices to Trustee 46 Section 10.7. Trustee as Holder of Senior Debt 46
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions. Subject to Section 12.06, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Section 12.04 in respect of the Outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as Paying Agent) as the Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal of, premium, if any, and interest, but such money need not be segregated from other funds except to the extent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the money or U.S. Government Obligations deposited pursuant to Section 12.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Notes. Anything in this Article 12 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company any money or U.S. Government Obligations held by it as provided in Section 12.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 12.04(a) hereof), are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance.
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions. 83 Section 8.06. Repayment to Issuers. 83 Section 8.07. Reinstatement. 83 AMENDMENT, SUPPLEMENT AND WAIVER 84 Section 9.01. Without Consent of Holders of Notes. 84 Section 9.02. With Consent of Holders of Notes. 84
