Common use of Duties and Responsibilities of the Trustee Clause in Contracts

Duties and Responsibilities of the Trustee. During Default; Prior to Default 24 Section 5.02. Certain Rights of the Trustee 25 Section 5.03. Trustee Not Responsible for Recitals, Disposition of Securities or Application of Proceeds Thereof 26 Section 5.04. Trustee and Agents May Hold Securities; Collections, etc. 27 Section 5.05. Moneys Held by Trustee 27 Section 5.06. Compensation and Indemnification of Trustee and its Prior Claim 27 Section 5.07. Right of Trustee to Rely on Officer’s Certificate, etc 28 Section 5.08. Persons Eligible for Appointment as Trustee 28 Section 5.09. Resignation and Removal; Appointment of Successor Trustee 28 Section 5.10. Acceptance of Appointment by Successor Trustee 29 Section 5.11. Merger, Conversion, Consolidation or Succession to Business of Trustee 30 Section 5.12. Conflicting Interests 30 Section 5.13. Appointment of Authenticating Agent 30 Section 5.14. Reports by the Trustee 32 CONCERNING THE SECURITYHOLDERS Section 6.01. Evidence of Action Taken by Securityholders 32 Section 6.02. Proof of Execution of Instruments and of Holding of Securities; Record Date 32 Section 6.03. Holders to be Treated as Owners 32 Section 6.04. Securities Owned by Company Deemed Not Outstanding 32 Section 6.05. Right of Revocation of Action Taken 33

Duties and Responsibilities of the Trustee. During Default; Prior to To Default 24 31 Section 5.02. Certain Rights of the Of The Trustee 25 32 Section 5.03. Trustee Not Responsible for For Recitals, Disposition of Of Securities or Or Application of Of Proceeds Thereof 26 34 Section 5.04. Trustee and And Agents May Hold Securities; Collections, etc. 27 Etc 34 Section 5.05. Moneys Held by By Trustee 27 34 Section 5.06. Compensation and And Indemnification of Of Trustee and its And Its Prior Claim 27 34 Section 5.07. Right of Of Trustee to To Rely on On Officer’s Certificate, etc 28 Etc 35 Section 5.08. Persons Eligible for For Appointment as As Trustee 28 35 Section 5.09. Resignation and And Removal; Appointment of Of Successor Trustee 28 35 Section 5.10. Acceptance of Of Appointment by By Successor Trustee 29 37 Section 5.11. Merger, Conversion, Consolidation or Or Succession to To Business of Of Trustee 30 38 Section 5.12. Conflicting Interests 30 Section 5.13. Appointment of Authenticating Agent 30 Section 5.14. Reports by the To The Trustee 32 CONCERNING THE SECURITYHOLDERS 38 Section 6.01. Evidence of Of Action Taken by By Securityholders 32 39 Section 6.02. Proof of Of Execution of Of Instruments and of And Of Holding of Of Securities; Record Date 32 39 Section 6.03. Holders to be To Be Treated as As Owners 32 40 Section 6.04. Securities Owned by Company By Issuer Deemed Not Outstanding 32 40 Section 6.05. Right of Of Revocation of Of Action Taken 3341 Section 7.01. Supplemental Indentures Without Consent Of Securityholders 41 Section 7.02. Supplemental Indentures With Consent Of Securityholders 43 Section 7.03. Effect Of Supplemental Indenture 45 Section 7.04. Documents To Be Given To Trustee 45 Section 7.05. Notation On Securities In Respect Of Supplemental Indentures 46 Section 8.01. Issuer May Consolidate, Etc., 46 Section 8.02. Successor Corporation Substituted 46 Section 9.01. Defeasance Within One Year Of Payment 47 Section 9.02. Defeasance 48 Section 9.03. Covenant Defeasance 49 Section 9.04. Application Of Trust Money 50 Section 9.05. Repayment To Issuer 51

Duties and Responsibilities of the Trustee. During Default; Prior to Default 24 35 Section 5.02. Moneys Held by Trustee 36 Section 5.03. Reports by the Trustee to Holders 36 Section 5.04. Certain Rights of the Trustee 25 36 Section 5.03. Trustee Not Responsible for Recitals, Disposition of Securities or Application of Proceeds Thereof 26 Section 5.045.05. Trustee and Agents May Hold Securities; Collections, etc. 27 Section 5.05. Moneys Held by Trustee 27 38 Section 5.06. Compensation and Indemnification of Trustee and its Its Prior Claim 27 38 Section 5.07. Right of Trustee to Rely on Officer’s Certificate, etc 28 etc. 39 Section 5.08. Disqualification; Conflicting Interests 39 Section 5.09. Persons Eligible for Appointment as Trustee 28 39 Section 5.095.10. Resignation and Removal; Appointment of Successor Trustee 28 39 Section 5.105.11. Acceptance of Appointment by Successor Trustee 29 41 Section 5.115.12. Merger, Conversion, Consolidation or Succession to Business of Trustee 30 Section 5.12. Conflicting Interests 30 42 Section 5.13. Appointment Preferential Collection of Authenticating Agent 30 Claims Against the Issuer 42 Section 5.14. Reports by the Trustee 32 Trustee’s Disclaimer 42 CONCERNING THE SECURITYHOLDERS HOLDERS Section 6.01. Evidence of Action Taken by Securityholders 32 Holders 42 Section 6.02. Proof of Execution of Instruments and of Holding of Securities; Record Date 32 43 Section 6.03. Holders to be Be Treated as Owners 32 43 Section 6.04. Securities Owned by Company Issuer Deemed Not Outstanding 32 44 Section 6.05. Right of Revocation of Action Taken 3344 AMENDMENTS, SUPPLEMENTS AND WAIVERS Section 7.01. Supplemental Indentures without Consent of Holders 45 Section 7.02. Supplemental Indentures with Consent of Holders 46 Section 7.03. Execution of Amendments or Supplemental Indentures or Waivers 47 Section 7.04. Effect of Amendment, Supplemental Indenture or Waiver 47 Section 7.05. Effect of Consent 48 Section 7.06. Notation on Securities in Respect of Amendments, Supplemental Indentures or Waivers 48 Section 7.07. Conformity with the Trust Indenture Act 48 CONSOLIDATION, MERGER, SALE OR CONVEYANCE Section 8.01. Consolidation, Merger or Sale of Assets by an Obligor 48 Section 8.02. Successor Substituted 49

Duties and Responsibilities of the Trustee. During Default; Prior to Default 24 26 Section 5.02. 5.02 Trustee’s Obligations with Respect to the Covenants 26 Section 5.03 Moneys Held by Trustee 27 Section 5.04 Reports by the Trustee to Holders 27 Section 5.05 Certain Rights of the Trustee 25 27 Section 5.03. Trustee Not Responsible for Recitals, Disposition of Securities or Application of Proceeds Thereof 26 Section 5.04. 5.06 Trustee and Agents May Hold Securities; Collections, etc. 27 etc 28 Section 5.05. Moneys Held by Trustee 27 Section 5.06. 5.07 Compensation and Indemnification of Trustee and its Its Prior Claim 27 29 Section 5.07. 5.08 Right of Trustee to Rely on Officer’s Officers’ Certificate, etc 28 29 Section 5.08. 5.09 Disqualification; Conflicting Interests 29 Section 5.10 Persons Eligible for Appointment as Trustee 28 30 Section 5.09. 5.11 Resignation and Removal; Appointment of Successor Trustee 28 30 Section 5.10. 5.12 Acceptance of Appointment by Successor Trustee 29 31 Section 5.11. 5.13 Merger, Conversion, Consolidation or Succession to Business of Trustee 30 32 Section 5.12. Conflicting Interests 30 Section 5.13. Appointment 5.14 Preferential Collection of Authenticating Agent 30 Section 5.14. Reports by Claims Against the Trustee Company 32 ARTICLE 6 CONCERNING THE SECURITYHOLDERS HOLDERS 32 Section 6.01. 6.01 Evidence of Action Taken by Securityholders Holders 32 Section 6.02. 6.02 Proof of Execution of Instruments and of Holding of Securities; Record Date 32 33 Section 6.03. 6.03 Holders to be Be Treated as Owners 32 33 Section 6.04. 6.04 Securities Owned by Company Deemed Not Outstanding 32 34 Section 6.05. 6.05 Right of Revocation of Action Taken 3334 ARTICLE 7 AMENDMENTS, SUPPLEMENTS AND WAIVERS 35 Section 7.01 Supplemental Indentures without Consent of Holders 35 Section 7.02 Supplemental Indentures with Consent of Holders 36 Section 7.03 Execution of Amendments or Supplemental Indentures or Waivers 37 Section 7.04 Effect of Amendment, Supplemental Indenture or Waiver 37 Section 7.05 Effect of Consent 37 Section 7.06 Notation on Securities in Respect of Amendments, Supplemental Indentures or Waivers 37 Section 7.07 Conformity with the Trust Indenture Act 38 ARTICLE 8 CONSOLIDATION, MERGER, SALE OR CONVEYANCE 38 Section 8.01 Consolidation, Merger or Sale of Assets by the Company 38 Section 8.02 Successor Corporation Substituted 39 Section 8.03 Opinion of Counsel to Trustee 39