Common use of Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions Clause in Contracts

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 1003, all cash and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1305, the “Qualifying Trustee”) pursuant to Section 1304 in respect of the Outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Securities deposited pursuant to Section 1304 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 Thirteen to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon Issuer Request any money or Government Securities held by it as provided in Section 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes of a Series shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes of such Series and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of such Series of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Notes of such Series. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers and the Subsidiary Guarantors shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen Eight to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Partnership from time to time upon Issuer Request the request of the Partnership any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(2) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05 and Section 11.02, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this the Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, if any, or Additional Amounts, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen VIII to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Company from time to time upon Issuer Request the written request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized investment banking firm, appraisal firm or firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. If the Company exercises either its Legal Defeasance or Covenant Defeasance option, as applicable, in accordance with this Articleeach Guarantor will be released and relieved of any obligations under its related Subsidiary Guarantee and any security for the Notes (other than the trust) will be released.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1305, the “Qualifying Trustee”) Paying Agent pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying TrusteePaying Agent, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, payment to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee and each Agent against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Qualifying Trustee Paying Agent shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteePaying Agent (which may be the opinion delivered under Section 8.04(2)(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company and the Guarantors shall jointly and severally pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and Government Securities non-callable government securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest and Additional Interest, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Securities cash or non-callable government securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or Government Securities non-callable government securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06, all cash money and non-callable United States Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 in respect of the Outstanding Notes outstanding Securities shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or a Guarantor, if any, acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securityholders of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the be extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable United States Government Securities deposited pursuant to Section 1304 8.04 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 NotesSecurityholders. Anything in this Article Thirteen Eight to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon Issuer Request the Issuer's request any money or non-callable United States Government Securities held by it as provided in Section 1304 8.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a)), are in excess of the de amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.6 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.5, the “Qualifying "Trustee”") pursuant to Section 1304 8.4 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , interest and interestLiquidated Damages, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.4 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the written request of the Company and be relieved of all liability with respect to any money or non-callable Government Securities held by it as provided in Section 1304 8.4 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.4(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding applicable series of outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the either Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumLiquidated Damages, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Issuers will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 applicable series of outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized investment bank, appraisal firm or firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 1003, all All cash and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee Paying Agent (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such the Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities cash and securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee and Paying Agent, as applicable, against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee Paying Agent shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 (“Repayment to Company”) hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trusteeTrustee, collectively for purposes of this Section 1305Section, the “Qualifying Trustee”) pursuant to Section 1304 8.04 (“Conditions to Legal or Covenant Defeasance”) hereof in respect of the Outstanding outstanding Notes shall will be (i) held in trust trust, (ii) at the written direction of the Company, such money may be invested, prior to maturity of the Notes, in Government Securities, and (iii) applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal principal, premium (and premiumincluding the Applicable Premium), if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Company will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 (“Conditions to Legal or Covenant Defeasance”) 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 (“Conditions to Legal or Covenant Defeasance”) hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) (“Conditions to Legal or Covenant Defeasance”) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen Eight to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including Solera or the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Solera or the Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to Solera or the Issuer from time to time upon the request of Solera or the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding Notes any outstanding Series of Securities shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Securities of that Series. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the written request of the Issuer Request any money or non- callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized independent registered public accounting firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and premiumprincipal, premium on, if any) , Additional Interest, if any, and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the written request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent registered public accountants accounting firm expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.05 hereof, all cash money and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively collectively, and solely for purposes of this Section 13058.04, the “Qualifying Trustee”) pursuant to Section 1304 8.03 or Section 8.08 hereof in respect of the Outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such the Notes and this Indenture, to the payment, either directly or indirectly or through any Paying Agent paying agent (including the Issuer acting as its own Paying Agentpaying agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , interest and interestAdditional Interest, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities Obligations deposited pursuant to Section 1304 8.03 or Section 8.08 hereof or the principal principal, premium, if any, interest and interest Additional Interest, if any, 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 Subject to the preceding paragraph and Section 7.07 herein, anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay pay, solely to the extent available in such trust, to the Issuer from time to time upon the request of the Issuer Request any money or non-callable U.S. Government Securities Obligations held by it as provided in Section 1304 8.03 or Section 8.08 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.03(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1305, the “Qualifying Trustee”) pursuant to Section 1304 8.04 in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and premiumprincipal, if any) premium and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or Government Securities held by it as provided in Section 1304 8.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a)), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding Notes outstanding Debentures shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Debentures and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Debentures of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Debentures. Anything in this Article Thirteen Eight to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this IndentureInden- ture, to the payment, either directly or through any Paying Agent (including the Issuer or any Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent in- dependent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding Notes any outstanding Series of Securities shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Securities of that Series. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the written request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized independent registered public accounting firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the either Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest and Special Interest, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Issuers will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized investment bank, appraisal firm or firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of aggregate principal (amount, premium and premiumLiquidated Damages, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Company will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding 2017 A Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such 2017 A Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such 2017 A Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumSpecial Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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 outstanding 2017 A Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumLiquidated Damages, if any) , and interestInterest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 hereof or the principal and interest 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Partnership from time to time upon Issuer Request the request of the Partnership any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 100311.03 hereof, all cash money and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the either Issuer acting as its own a Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers and the Subsidiary Guarantors shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities Obligations deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable U.S. Government Securities Obligations held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.6, all cash money and non-callable U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.5, the “Qualifying Trustee”) pursuant to Section 1304 8.4 in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company or any Subsidiary thereof acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities Obligations deposited pursuant to Section 1304 8.4 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 outstanding Notes. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the written request of the Company and be relieved of all liability with respect to any money or non-callable U.S. Government Securities Obligations held by it as provided in Section 1304 8.4 which, in the opinion of a nationally recognized firm of independent chartered public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.4(1)), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance legal defeasance or Covenant Defeasance, as applicable, in accordance with this Articlecovenant defeasance.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.7 hereof, all cash money and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.6, the “Qualifying "Trustee”") pursuant to Section 1304 8.4 or 8.5 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company or any of its Subsidiaries or Affiliates acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, interest but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Securities Obligations deposited pursuant to this Section 1304 8.6 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or U.S. Government Securities Obligations held by it as provided in this Section 1304 8.6 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.4 hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance, Covenant Defeasance or Covenant Defeasance, as applicable, in accordance with this ArticleDischarge.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the either Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest and Special Interest, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Issuers will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. (a) Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Co-Issuers or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of interest, principal (and premium, if any) and interest, on the Note, but such money or Government Securities need not be segregated from other funds except to the extent required by law. . (b) The Issuer Co-Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. . (c) Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Co-Issuers from time to time upon Issuer Request the request of the Co-Issuers any money or Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04 hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and Government Securities U.S. government or U.S. government agency notes or bonds (or depositary receipts representing these notes or bonds), or any combination thereof (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumAdditional Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Issuers will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Securities cash or non-callable U.S. government or U.S. government agency notes or bonds deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or Government Securities non-callable U.S. government or U.S. government agency notes or bonds held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.6 hereof, all cash money and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.5, the “Qualifying "Trustee”") pursuant to Section 1304 8.4 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest (and Liquidated Damages, if any), but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Securities Obligations deposited pursuant to Section 1304 8.4 hereof or the principal and interest received in respect thereof thereof, other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding outstanding Notes. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or U.S. Government Securities Obligations held by it as provided in Section 1304 8.4 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.4(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or any Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding Notes shall outstanding Securities will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest (including PIK Interest), but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Company will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Securities. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Company from time to time upon Issuer Request the written request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(2) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company and the Guarantors shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, . Any deposit made pursuant to this Article VIII shall be subject to the provisions of Article X only if payment in accordance with this Articlerespect of the Notes is prohibited under Article X on the date such deposit is made.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall of a Series will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (of, and premium, if any) , and interest, interest but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Notes of such Series. Anything Notwithstanding anything in this Article Thirteen ARTICLE VIII to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon the written request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized investment bank, appraisal firm, or firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with . This provision shall not authorize the sale by the Trustee of any Government Securities held under this ArticleIndenture.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest and Additional Amounts, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 in respect of the Outstanding Notes outstanding Securities of that Series shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, interest but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Securities of that Series. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the written request of the Company, and be relieved of all liability with respect to, any money or non-callable Government Securities held by it as provided in Section 1304 8.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a)), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.6, all cash money and non-callable U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.5, the “Qualifying Trustee”) pursuant to Section 1304 8.4 in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Tembec Inc. or any Subsidiary thereof acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities Obligations deposited pursuant to Section 1304 8.4 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 outstanding Notes. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the written request of the Company and be relieved of all liability with respect to any money or non-callable U.S. Government Securities Obligations held by it as provided in Section 1304 8.4 which, in the opinion of a nationally recognized firm of independent chartered public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.4(1)), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance legal defeasance or Covenant Defeasance, as applicable, in accordance with this Articlecovenant defeasance.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable U.S. Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively collectively, and solely for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable U.S. Government Securities held by it as provided in Section 1304 which8.04 hereof that, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding 2017 B Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such 2017 B Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such 2017 B Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumSpecial Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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 outstanding 2017 B Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.08 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.07, the “Qualifying "Trustee”") pursuant to Section 1304 8.06 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest and Liquidated Damages, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.06 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 outstanding Notes. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.06 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.06(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company and the Guarantors shall jointly and severably pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.6 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.5, the “Qualifying Trustee”) pursuant to Section 1304 8.4 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumAdditional Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.4 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen VIII to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.4 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.4(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Partnership acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , interest and interestAdditional Interest, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Issuers will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 100312.06 hereof, all cash money and noncallable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 130512.05, the “Qualifying Trustee”) pursuant to Section 1304 12.04 hereof in respect of the Outstanding Notes shall outstanding Securities of a series will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the an Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal principal, premium (and premium, if any) and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Issuers will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or noncallable Government Securities deposited pursuant to Section 1304 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 Notesoutstanding Securities of a series. Anything Notwithstanding anything in this Article Thirteen XII to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or noncallable Government Securities held by it as provided in Section 1304 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 Qualifying TrusteeTrustee (which may be the opinion delivered under Section 12.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10037.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13057.05, the “Qualifying "Trustee”") pursuant to Section 1304 7.04 hereof in respect of the Outstanding outstanding Senior Secured Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Senior Secured Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Senior Secured Notes of all sums due and to become due thereon in respect of principal (and principal, premium, Liquidated Damages, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 7.04 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 outstanding Senior Secured Notes. Anything in this Article Thirteen VII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 7.04 hereof which, in the opinion of a nationally recognized investment bank or firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 7.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or the Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding Notes shall outstanding Securities of any series will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of the Securities of such Notes series and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Securities of the applicable series. Anything Notwithstanding anything in this Article Thirteen VIII to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a)(i) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding Notes outstanding Securities of any Series shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Securities of the applicable Series. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a)(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. (a) Subject to the provisions of the last paragraph of Section 10038.06, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1305, the “Qualifying Trustee”) pursuant to Section 1304 8.04 in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest on the Notes, but such money or Government Securities need not be segregated from other funds except to the extent required by law. . (b) The Issuer and the Guarantors, jointly and severally, shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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. Holders. (c) Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or Government Securities held by it as provided in Section 1304 8.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.6 hereof, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee Trustees or the Paying Agent (or other qualifying trustee, collectively for purposes of this Section 13058.5, the “Qualifying Trustee”) pursuant to Section 1304 8.4 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying TrusteeTrustee or the Paying Agent, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium, and premiuminterest and Additional Interest, if any) and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall will pay and indemnify the Qualifying Trustee and each Paying Agent against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.4 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen VIII to the contrary notwithstandingcontrary, the Qualifying Trustee shall or the Paying Agent will deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or Government Securities held by it as provided in Section 1304 8.4 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee or the Paying Agent (which may be the opinion delivered under Section 8.4(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumAdditional Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen VIII to the contrary notwithstandingcontrary, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumAdditional Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. Money and Government Securities so held in trust are not subject to Article 10 or Article 12 hereof. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company or a Subsidiary Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumAdditional Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company and the Subsidiary Guarantors, jointly and severally, shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized investment bank, appraisal firm of or independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 or Section 12.01 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 or Section 12.01 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the written request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.07 hereof, all cash in U.S. Dollars or U.S. Government Obligations, or a combination thereof and Government Securities (including the proceeds thereof) , deposited with the Trustee (or other qualifying trusteesuch entity designated by the Trustee for this purpose, collectively for purposes of this Section 13058.06, the “Qualifying Trustee”) pursuant to Section 1304 8.05 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , interest and interestAdditional Amounts, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Issuers will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash in U.S. Dollars or U.S. Government Securities Obligations, or a combination thereof deposited pursuant to Section 1304 8.05 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money cash in U.S. Dollars or U.S. Government Securities Obligations, or a combination thereof held by it as provided in Section 1304 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying Trustee, 8.05 hereof which are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance legal defeasance or Covenant Defeasance, as applicable, in accordance with this Articlecovenant defeasance.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 100312.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 130512.05, the “Qualifying Trustee”) pursuant to Section 1304 12.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumAdditional Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen XII to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 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 Qualifying TrusteeTrustee (which may be the opinion delivered under Section 12.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and premiumprincipal, premium on , if any) , Additional Interest, if any, and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the written request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized independent registered public accounting firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.08 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.07, the “Qualifying Trustee”) pursuant to Section 1304 8.06 hereof in respect of the Outstanding applicable outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.06 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 applicable outstanding Notes. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.06 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.06(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively collectively, for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Partnership acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest and Liquidated Damages, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Partnership shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Partnership from time to time upon Issuer Request the request of the Partnership any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(h) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.6 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.5, the “Qualifying Trustee”"TRUSTEE") pursuant to Section 1304 8.4 hereof in respect of the Outstanding Notes outstanding Securities shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company and the Subsidiary Guarantors shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.4 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 Notesoutstanding Securities. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.4 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.4(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company and the Guarantors, if any, shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 hereof or the principal principal, premium, if any, 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the Company's request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(i) 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, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying 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, the Co-Issuer or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(b) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company or any of its Restricted Subsidiaries acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen Eight to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the written request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively collectively, for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest and Liquidated Damages, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(h) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Series B Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Series B Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Series B Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumSpecial Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. Money and Governmental Securities so held in trust are not subject to Article 13. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Series B Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, interest, premium, if any) , and Additional Interest, if any, and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Company will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.6 hereof, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.5, the “Qualifying Trustee”) pursuant to Section 1304 8.4 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and ​ ​ principal, premium, if any) and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.4 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen VIII to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or Government Securities held by it as provided in Section 1304 8.4 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.4(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine), to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the written request of the Issuers any money or Government Securities held by it as provided in Section 1304 8.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which Table of Contents may be the opinion delivered under Section 8.04(2)), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10039.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13059.05, the “Qualifying "Trustee”") pursuant to Section 1304 9.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this First Supplemental Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities deposited pursuant to Section 1304 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 outstanding Notes. Anything in this Article Thirteen Nine to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 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 Qualifying TrusteeTrustee (which may be the opinion delivered under Section 9.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 100312.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 130512.05, the “Qualifying "Trustee”") pursuant to Section 1304 12.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumAdditional Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The the Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 12 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 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 Qualifying TrusteeTrustee (which may be the opinion delivered under Section 12.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.08 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes 84 92 of this Section 13058.07, the “Qualifying "Trustee”") pursuant to Section 1304 8.06 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest and Liquidated Damages, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.06 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 outstanding Notes. Anything in this Article Thirteen VIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.06 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.06(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. Money and Government Securities so held in trust are not subject to Article 11 or Article 13 hereof The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , Liquidated Damages and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company and the Guarantors shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. (a) Subject to the provisions of the last paragraph of Section 10038.06, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 or Section 10.01 in respect of the Outstanding Notes any outstanding Securities of a Series shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. . (b) The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 or 10.01 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. outstanding Securities of the applicable Series. (c) Anything in this Article Thirteen VIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 or 10.01 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a)(ii) or 10.01(b), respectively), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance, Covenant Defeasance or Covenant Defeasancesatisfaction and discharge, as applicable, in accordance with this Articlethe case may be.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. (a) Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. . (b) The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Securities Obligations deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything . (c) Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or U.S. Government Securities Obligations held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally an internationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a)(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer, the Co-Issuer or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the written request of the Issuers any money or Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants an Independent Financial Advisor expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(2) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 100312.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 130512.05, the “Qualifying Trustee”) pursuant to Section 1304 12.04 hereof in respect of the Outstanding outstanding Notes shall of the applicable series will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 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 Notesoutstanding Notes of the applicable series. Anything Notwithstanding anything in this Article Thirteen 12 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 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 Qualifying TrusteeTrustee (which may be the opinion delivered under Section 12.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall of any Series will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Company and any guarantor, jointly and severally, will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Notes of the applicable Series. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Company from time to time upon Issuer Request the written request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , interest and interestAdditional Interest, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Company will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Company from time to time upon Issuer Request the written request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding First Mortgage Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such First Mortgage Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such First Mortgage Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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. outstanding First Mortgage Notes Anything in this Article Thirteen Eight to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 100312.03 hereof, all cash money and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13059.05, the “Qualifying Trustee”) pursuant to Section 1304 9.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this the Indenture, to the payment, either directly or through any Paying Agent (including the either Issuer acting as its own a Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers and the Guarantors shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities Obligations deposited pursuant to Section 1304 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 outstanding Notes. Anything in this Article Thirteen 9 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable U.S. Government Securities Obligations held by it as provided in Section 1304 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 Qualifying TrusteeTrustee (which may be the opinion delivered under Section 9.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes of a Series shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes of such Series and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of such Series of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Notes of such Series. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04 hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumSpecial Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash in Swiss francs and non-callable Swiss Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or the non-callable Swiss Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money cash in Swiss francs or non-callable Swiss Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(9) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company or any of its Restricted Subsidiaries acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Company will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 1003‎Section 8.06, all cash money and Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1305‎Section 8.05, the “Qualifying Trustee”) pursuant to Section 1304 ‎Section 8.04 in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers or a Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine), to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Securities deposited pursuant to Section 1304 ‎Section 8.04 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 outstanding Notes. Anything in this Article Thirteen ‎8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the written request of the Issuers any money or Government Securities held by it as provided in Section 1304 ‎Section 8.04 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under ‎Section 8.04(2)), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. (a) Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumAdditional Interest, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. . (b) The Issuer shall Issuers will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything . (c) Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered pursuant to Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , interest and interestAdditional Interest, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Issuers will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively collectively, for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Partnership acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest and Liquidated Damages, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Partnership shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Partnership from time to time upon Issuer Request the request of the Partnership any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(h) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government ------------ Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying ------------ "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes ------------ shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Stater Bros. acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Stater Bros. shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying --------- Trustee shall deliver or pay to the Issuer Stater Bros. from time to time upon Issuer Request the request of Stater Bros. any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized ------------ firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be --------------- required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the an Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interestinterest and Additional Interest, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10039.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13059.05 and Section 12.02, the “Qualifying Trustee”) pursuant to Section 1304 9.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this the Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, if any, or Additional Amounts, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen IX to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 9.04 hereof which, in the opinion of a nationally recognized investment banking firm, appraisal firm or firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 9.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. If the Company exercises either its Legal Defeasance or Covenant Defeasance option, as applicable, in accordance with this Articleeach Guarantor will be released and relieved of any obligations under its related Subsidiary Guarantee and any security for the Notes (other than the trust) will be released.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.07 hereof, all cash money and U.S. Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.06, the “Qualifying Trustee”) pursuant to Section 1304 8.05 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the an Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall Issuers, jointly and severally, agree to pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Securities deposited pursuant to Section 1304 8.05 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 outstanding Notes. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon Issuer Request the request of the Issuers as directed by Cedar Fair, any money or U.S. Government Securities held by it as provided in Section 1304 8.05 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.05(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, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10037.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13057.05, the “Qualifying "Trustee”") pursuant to Section 1304 7.04 hereof in respect of the Outstanding outstanding Senior Secured Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Senior Secured Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Senior Secured Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 7.04 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 outstanding Senior Secured Notes. Anything in this Article Thirteen VII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable Government Securities held by it as provided in Section 1304 7.04 hereof which, in the opinion of a nationally recognized investment bank or firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 7.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 1304 8.04 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the applicable Holders of such Notes of all sums due and to become due thereon in respect of principal (and premiumprincipal, or premium or interest, if any) and interest, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 outstanding Notes. Anything Notwithstanding anything in this Article Thirteen 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon request of the Issuer Request any money or non-callable Government Securities deposited with or held by it the Trustee, any Paying Agent or the Issuer as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a)(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10038.06 hereof, all cash money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 1304 8.04 hereof in respect of the Outstanding Notes outstanding ------- Debentures shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Debentures and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Debentures of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , interest and interestLiquidated Damages, if any, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 1304 8.04 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 Notesoutstanding Debentures. Anything in this Article Thirteen 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon Issuer Request the request of the Company any money or non-callable Government Securities held by it as provided in Section 1304 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.

Deposited Money and Government Securities to be Held in Trust; Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 10036.07 hereof, all cash money and U.S. Government Securities Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively collectively, and solely for purposes of this Section 13056.06, the “Qualifying Trustee”) pursuant to this Section 1304 6.06 in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such the Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such the Notes of all sums due and to become due thereon in respect of principal (and premium, if any) and interestInstallment Payments due on the Notes, but such money or Government Securities need not be segregated from other funds except to the extent required by law. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Securities Obligations deposited pursuant to this Section 1304 6.06 in respect of the Notes or the principal and interest Installment Payments 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 outstanding Notes. Anything in this Article Thirteen Six to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon the request of the Issuer Request any money or non-callable U.S. Government Securities Obligations held by it as provided in this Section 1304 6.06 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article.