Common use of Deposited Money and U.S Clause in Contracts

Deposited Money and U.S. Government Obligations to Be ----------------------------------------------------- Held in Trust; Other Miscellaneous Provisions. --------------------------------------------- Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations deposited with the Trustee pursuant to Sections 401 and 404 shall be held in trust, and such money and all money from such U.S. Government Obligations shall be applied by it, in accordance with the provisions of the Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, of the principal (and premium, if any) and interest for whose payment such money and U.S. Government Obligations has been deposited with the Trustee. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 404 or the principal or interest received in respect of such obligations other than any such tax, fee or other charge that by law is for the account of the Holders of Outstanding Securities. Notwithstanding the foregoing provisions of this Article Four, if the Securities of any series are payable in a coin or currency or currency unit other than such coin or currency of the United States of America as at the time of payment is legal tender for payment of public or private debts, the coin or currency or currency unit or the nature of the government obligations to be deposited with the Trustee under the foregoing provisions of this Article Four shall be as set forth in the Officers' Certificate or established in the supplemental indenture under which the Securities of such series are issued.

Deposited Money and U.S. Government Obligations to Be ----------------------------------------------------- Held in Trust; Other Miscellaneous Provisions. --------------------------------------------- Subject to the provisions of the last paragraph of Section 1003, all money and U.S. Government Obligations cash deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1205, the "Trustee") pursuant to Sections 401 and 404 Section 1204 in respect of the Outstanding Notes shall be held in trust, trust and such money and all money from such U.S. Government Obligations shall be applied by itthe Trustee, in accordance with the provisions of the Securities such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled thereto, Holders of the such Notes of all sums due and to become due thereon in respect of principal (and premium, if any) and interest for whose payment interest, but such money and U.S. Government Obligations has been deposited with need not be segregated from other funds except to the Trusteeextent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Governmental Obligations deposited pursuant to Section 404 1204 or the principal or and interest received in respect of such obligations thereof other than any such tax, fee or other charge that which by law is for the account of the Holders of the Outstanding SecuritiesNotes. Notwithstanding the foregoing provisions of Anything in this Article FourTwelve to the contrary notwithstanding, if the Securities Trustee shall deliver or pay to the Company from time to time upon Company Request any money held by it as provided in Section 1204 which, in the opinion of any series are payable a nationally recognized firm of independent public accountants expressed in a coin or currency or currency unit other than such coin or currency written certification thereof delivered to the Trustee, are in excess of the United States of America as at the time of payment is legal tender for payment of public or private debts, the coin or currency or currency unit or the nature of the government obligations amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with the Trustee under the foregoing provisions of this Article Four shall be as set forth in the Officers' Certificate or established in the supplemental indenture under which the Securities of such series are issuedArticle.

Deposited Money and U.S. Government Obligations to To -------------------------------------------------- Be ----------------------------------------------------- Held in Trust; Other Miscellaneous Provisions. --------------------------------------------- ------------------------------------------------ Subject to the provisions of the last paragraph of Section 100312.6, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Sections 401 and 404 Section 12.4 in respect of the Outstanding Notes shall be held in trust, trust and such money and all money from such U.S. Government Obligations shall be applied by itthe Trustee, in accordance with the provisions of the Securities Notes and this Indenture, to the payment, either directly or through any Paying Agent (including excluding the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled theretoHolders of such Notes of all sums due and to become due thereon in respect of principal, of the principal (and premium, if any) , and interest for whose payment interest, but such money and U.S. Government Obligations has been deposited with need not be segregated from other funds except to the Trusteeextent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 404 12.4 or the principal or and interest received in respect of such obligations other than any such taxthereof. Anything in this Article to the contrary notwithstanding, fee the Trustee shall deliver or other charge that by law is for pay to the account Company from time to time upon the request of the Holders Company any money or U.S. Government Obligations held by it as provided in Section 12.4 which, in the opinion of Outstanding Securities. Notwithstanding the foregoing provisions a nationally recognized firm of this Article Four, if the Securities of any series are payable independent public accountants expressed in a coin or currency or currency unit other than such coin or currency of the United States of America as at the time of payment is legal tender for payment of public or private debts, the coin or currency or currency unit or the nature of the government obligations written certification thereof delivered to be deposited with the Trustee under (which may be the foregoing provisions of this Article Four shall be as set forth in the Officers' Certificate or established in the supplemental indenture under which the Securities of such series are issued.opinion delivered under

Deposited Money and U.S. Government Obligations to Be ----------------------------------------------------- be Held in Trust; Other Miscellaneous Provisions. --------------------------------------------- Subject to the provisions of the last paragraph of Section 10032.4, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 11.5, the "Trustee") pursuant to Sections 401 and 404 Section 11.4 in respect of the Outstanding Senior Notes shall be held in trust, trust and such money and all money from such U.S. Government Obligations shall be applied by itthe Trustee, in accordance with the provisions of the Securities such Senior Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company Issuer acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled theretoHolders of such Senior Notes of all sums due and to become due thereon in respect of principal and any premium and interest, of the principal (and premium, if any) and interest for whose payment but such money and U.S. Government Obligations has been deposited with need not be segregated from other funds except to the Trusteeextent required by law. The Company Issuer shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 404 11.4 or the principal or and interest received in respect of such obligations thereof other than any such tax, fee or other charge that which by law is for the account of the Holders of the Outstanding SecuritiesSenior Notes. Notwithstanding the foregoing provisions of Anything in this Article Four11 to the contrary notwithstanding, if the Securities Trustee shall deliver or pay to the Issuer from time to time upon Issuer Request any money or U.S. Government Obligations held by it as provided in Section 11.4 which, in the opinion of any series are payable a nationally recognized firm of independent public accountants expressed in a coin or currency or currency unit other than such coin or currency written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 11.4(a)) are in excess of the United States of America as at the time of payment is legal tender for payment of public or private debts, the coin or currency or currency unit or the nature of the government obligations amount thereof which would then be required to be deposited with the Trustee under the foregoing provisions of this Article Four shall be as set forth in the Officers' Certificate to effect an equivalent defeasance or established in the supplemental indenture under which the Securities of such series are issuedcovenant defeasance.

Deposited Money and U.S. Government Obligations to Be ----------------------------------------------------- Held in Trust; Other Miscellaneous Provisions. --------------------------------------------- Subject to the provisions of the last paragraph of Section 100310.3, all money United States dollars and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee pursuant to Sections 401 and 404 Section 4.4 in respect of the Defeased Securities shall be held in trust, trust and such money and all money from such U.S. Government Obligations shall be applied by itthe Trustee, in accordance with the provisions of the such Securities and this Indenture, to the payment, either directly or through any Paying Agent (including excluding the Company or any of its Affiliates acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled theretoHolders of such Securities of all sums due and to become due thereon in respect of principal, of the principal (and premium, if any) , and interest for whose payment interest, but such money and U.S. Government Obligations has been deposited with need not be segregated from other funds except to the Trusteeextent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 404 4.4 or the principal or and interest received in respect of such obligations thereof other than any such tax, fee or other charge that which by law is for the account of the Holders of Outstanding the Defeased Securities. Notwithstanding the foregoing provisions of Anything in this Article FourFour to the contrary notwithstanding, if the Securities Trustee shall deliver or pay to the Company from time to time upon Company Request any United States dollars or U.S. Government Obligations held by it as provided in Section 4.4 which, in the opinion of any series are payable a nationally recognized firm of independent public accountants expressed in a coin or currency or currency unit other than such coin or currency written certification thereof delivered to the Trustee, are in excess of the United States of America as at the time of payment is legal tender for payment of public or private debts, the coin or currency or currency unit or the nature of the government obligations amount thereof which would then be required to be deposited with the Trustee under the foregoing provisions of this Article Four shall be as set forth in the Officers' Certificate to effect defeasance or established in the supplemental indenture under which the Securities of such series are issuedcovenant defeasance.

Deposited Money and U.S. Government Obligations to Be ----------------------------------------------------- Held in Trust; Other Miscellaneous Provisions. --------------------------------------------- --------------------------------------------------- Subject to the provisions of the last paragraph of Section 10038.6, all money and non-callable U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.5, the "Trustee") pursuant to Sections 401 and 404 Section 8.4 in respect of the outstanding Notes shall be held in trust, trust and such money and all money from such U.S. Government Obligations shall be applied by itthe Trustee, in accordance with the provisions of the Securities such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled theretoHolders of such Notes of all sums due and to become due thereon in respect of principal, of the principal (and premium, if any) , and interest for whose payment interest, but such money and U.S. Government Obligations has been deposited with need not be segregated from other funds except to the Trusteeextent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable U.S. Government Obligations deposited pursuant to Section 404 8.4 or the principal or and interest received in respect of such obligations thereof other than any such tax, fee or other charge that which by law is for the account of the Holders of Outstanding Securitiesthe outstanding Notes. Notwithstanding the foregoing provisions of Anything in this Article FourVIII to the contrary notwithstanding, if the Securities Trustee shall deliver or pay to the Company from time to time upon the request of the Company any series are payable money or non-callable U.S. Government Obligations held by it as provided in Section 8.4 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a coin or currency or currency unit other than such coin or currency written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.4(a)), are in excess of the United States of America as at the time of payment is legal tender for payment of public or private debts, the coin or currency or currency unit or the nature of the government obligations amount thereof that would then be required to be deposited with the Trustee under the foregoing provisions of this Article Four shall be as set forth in the Officers' Certificate to effect an equivalent Defeasance or established in the supplemental indenture under which the Securities of such series are issuedCovenant Defeasance.

Deposited Money and U.S. Government Obligations to Be ----------------------------------------------------- Held in Trust; Other Miscellaneous Provisions. --------------------------------------------- Subject to the provisions of the last paragraph of Section 10038.06 hereof, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 8.05, the "Trustee") pursuant to Sections 401 and 404 Section 8.04 hereof in respect of the outstanding Notes shall be held in trust, trust and such money and all money from such U.S. Government Obligations shall be applied by itthe Trustee, in accordance with the provisions of the Securities such Notes and this IndentureAgreement, to the payment, either directly or through any Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Persons entitled theretoHolders of such Notes of all sums due and to become due thereon in respect of principal, of the principal (premium and premiumAdditional Interest, if any) , and interest for whose payment interest, but such money and U.S. Government Obligations has been deposited with need not be segregated from other funds except to the Trusteeextent required by law. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations deposited pursuant to Section 404 8.04 hereof or the principal or and interest received in respect of such obligations thereof other than any such tax, fee or other charge that which by law is for the account of the Holders of Outstanding Securitiesthe outstanding Notes. Notwithstanding the foregoing provisions of Anything in this Article FourVIII to the contrary notwithstanding, if the Securities Trustee shall deliver or pay to the Company from time to time upon the request of the Company any series are payable money or U.S. Government Obligations held by it as provided in Section 8.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a coin or currency or currency unit other than such coin or currency written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the United States of America as at the time of payment is legal tender for payment of public or private debts, the coin or currency or currency unit or the nature of the government obligations amount thereof that would then be required to be deposited with the Trustee under the foregoing provisions of this Article Four shall be as set forth in the Officers' Certificate to effect an equivalent Legal Defeasance or established in the supplemental indenture under which the Securities of such series are issuedCovenant Defeasance.