Common use of Evidence of Compliance Clause in Contracts

Evidence of Compliance. As evidence of compliance with the conditions precedent provided for in this Indenture (including any covenants compliance with which constitutes a condition precedent) which relate to the authentication and delivery of the Securities, to the satisfaction and discharge of this Indenture or to any other action to be taken by the Trustee at the request or upon the application of the Company, the Company will furnish to the Trustee an Officers' Certificate, stating that such conditions precedent have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel such conditions precedent have been complied with. Such Opinion of counsel may be in the form and contain such assumptions, qualifications and limitations as customarily appear in legal opinions issued in the jurisdiction in which any such opinion of counsel is rendered. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include (1) a statement that the person making such certificate or opinion has read such condition or covenant; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such person, such examination or investigation as is necessary to enable the expression of an informed opinion as to whether or not such condition or covenant has been complied with has been made; and (4) a statement as to whether or not, in the opinion of such person, such condition or covenant has been complied with. Notwithstanding any provision of this Indenture authorizing the Trustee conclusively to rely upon any certificates or opinions, the Trustee, before granting any application by the Company or taking or refraining from taking any other action in reliance thereon, may require any further evidence or make any further investigation as to the facts or matters stated therein which it may, in good faith, deem reasonable in the circumstances, and in connection therewith the Trustee may examine or cause to be examined the pertinent books, records and premises of the Company or of any Subsidiary; and the Trustee shall, in any such case, require such further evidence or make such further investigation as may be requested by the holders of a majority in principal amount of the Securities then outstanding, PROVIDED THAT, if payment to the Trustee of the costs, expenses and liabilities likely to be incurred by it in making such investigation is not reasonably assured to the Trustee by the security afforded to it by the terms of this Indenture, the Trustee before making such investigation may require reasonable indemnity against such costs, expenses and liabilities. Any further evidence which may be requested by the Trustee pursuant to any of the provisions of this paragraph shall be furnished by the Company at its own expense; and any cost, expenses and liabilities incurred by the Trustee pursuant to any of the provisions of this paragraph shall be paid by the Company, or, if paid by the Trustee, shall be repaid by the Company, upon demand, with interest at the highest rate borne by the Securities, and, until 50 such repayment, shall be secured by a lien on any moneys held by the Trustee hereunder prior to any rights therein of the holders of Securities.

Evidence of Compliance. As The Issuer shall forthwith furnish to the Trustees evidence of compliance with the conditions precedent provided for specified in this Indenture (including any covenants compliance with which constitutes a condition precedent) which relate relating to the issue, authentication and delivery of the SecuritiesNotes hereunder, to the satisfaction and discharge of this Indenture or to the taking of any other action to be taken by the Trustee Trustees at the request of or upon on the application of the Company, Issuer. Such evidence shall consist of the Company will furnish to the Trustee following: (a) an Officers' Certificate, Officer’s Certificate stating that such conditions precedent have been complied with and an Opinion in accordance with the terms of Counsel stating that this Indenture; (b) in the case of conditions, compliance with which are by this Indenture subject to review or examination by counsel, an opinion of such Counsel counsel that such conditions precedent have been complied with. Such Opinion with in accordance with the terms of counsel may this Indenture, including any statements required by applicable laws; (c) whenever applicable law requires that evidence of compliance be in the form and contain of a statutory declaration, the Trustees may accept such assumptions, qualifications and limitations as customarily appear statutory declaration in legal opinions issued in the jurisdiction in which lieu of an Officer’s Certificate; any such opinion statutory declaration may be made by an Authorized Officer of counsel the Issuer to whom such authority is rendereddelegated by the Board of Directors of the Issuer from time to time; and (d) such additional evidence of compliance with any provision hereof and in such form as may be prescribed by applicable law or as the Trustees may reasonably require by written notice to the Issuer. Each certificate or opinion, including each Officer’s Certificate or opinion of counsel (for greater certainty, other than an Officer’s Certificate provided pursuant to Section 4.7 or Section 5.4), with respect to compliance with a covenant or condition or covenant provided for in this Indenture shall include include: (1a) a statement that the person Person making such certificate or opinion has read such condition covenant or covenant; condition; (2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (3c) a statement that, in the opinion of such personPerson, he or she has made such examination or investigation as is necessary to enable the expression of him or her to express an informed opinion as to whether or not such covenant or condition or covenant has been complied with has been madewith; and and (4d) a statement as to whether or not, in the opinion of such personPerson, such covenant or condition or covenant has been complied with. Notwithstanding any provision In giving an opinion of this Indenture authorizing the Trustee conclusively to counsel, counsel may rely upon any certificates or opinions, the Trustee, before granting any application by the Company or taking or refraining from taking any other action in reliance thereon, may require any further evidence or make any further investigation as to the facts factual matters on an Officer’s Certificate or matters stated therein which it may, in good faith, deem reasonable in the circumstances, and in connection therewith the Trustee may examine or cause to be examined the pertinent books, records and premises on certificates of the Company or of any Subsidiary; and the Trustee shall, in any such case, require such further evidence or make such further investigation as may be requested by the holders of a majority in principal amount of the Securities then outstanding, PROVIDED THAT, if payment to the Trustee of the costs, expenses and liabilities likely to be incurred by it in making such investigation is not reasonably assured to the Trustee by the security afforded to it by the terms of this Indenture, the Trustee before making such investigation may require reasonable indemnity against such costs, expenses and liabilities. Any further evidence which may be requested by the Trustee pursuant to any of the provisions of this paragraph shall be furnished by the Company at its own expense; and any cost, expenses and liabilities incurred by the Trustee pursuant to any of the provisions of this paragraph shall be paid by the Company, or, if paid by the Trustee, shall be repaid by the Company, upon demand, with interest at the highest rate borne by the Securities, and, until 50 such repayment, shall be secured by a lien on any moneys held by the Trustee hereunder prior to any rights therein of the holders of Securitiespublic officials.

Evidence of Compliance. As evidence of compliance with the conditions precedent provided for in this Indenture (including any covenants compliance with which constitutes a condition precedent) which relate to the authentication and delivery of the Securities, to the release of Collateral, to the satisfaction and discharge of this Indenture or to any other action to be taken by the Trustee Trustee, or Collateral Trustee, as the case may be, at the request or upon the application of the Company, the Company will furnish to the Trustee Trustee, or the Collateral Trustee, as applicable, an Officers' Officer's Certificate, stating that such conditions precedent have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel such conditions precedent have been complied with. Such Opinion of counsel may be in the form and contain such assumptions, qualifications and limitations as customarily appear in legal opinions issued in the jurisdiction in which any such opinion of counsel is rendered. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include (1) a statement that the person making such certificate or opinion has read such condition or covenant; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such person, such examination or investigation as is necessary to enable the expression of an informed opinion as to whether or not such condition or covenant has been complied with has been made; and (4) a statement as to whether or not, in the opinion of such person, such condition or covenant has been complied with. Notwithstanding any provision of this Indenture authorizing the Trustee Trustee, or the Collateral Trustee, conclusively to rely upon any certificates or opinions, the Trustee, or the Collateral Trustee, before granting any application by the Company or taking or refraining from taking any other action in reliance thereon, may may, but shall not be obligated to, require any further evidence or make any further investigation as to the facts or matters stated therein which it may, in good faith, deem reasonable in the circumstances, and in connection therewith the Trustee Trustee, or the Collateral Trustee, may examine or cause to be examined the pertinent books, records and premises of the Company or of any Subsidiary; and the Trustee Trustee, or the Collateral Trustee, shall, in any such case, require such further evidence or make such further investigation as may be requested by the holders of a majority in principal amount of the Securities then outstanding, PROVIDED THATprovided that, if payment to the Trustee Trustee, or the Collateral Trustee, of the costs, expenses and liabilities likely to be incurred by it in making such investigation is not reasonably assured to the Trustee Trustee, or the Collateral Trustee, by the security afforded to it by the terms of this Indenture, the Trustee Trustee, or the Collateral Trustee, before making such investigation may require reasonable indemnity against such costs, expenses and liabilities. Any further evidence which may be requested by the Trustee Trustee, or the Collateral Trustee, pursuant to any of the provisions of this paragraph shall be furnished by the Company at its own expense; and any cost, expenses and liabilities incurred by the Trustee Trustee, or the Collateral Trustee, pursuant to any of the provisions of this paragraph shall be paid by the Company, or, if paid by the Trustee, or the Collateral Trustee, shall be repaid by the Company, upon demand, with interest at the highest rate borne by the Securities, and, until 50 such repayment, shall be secured by a lien on any moneys held by the Trustee Trustee, or the Collateral Trustee, hereunder prior to any rights therein of the holders of Securities.

Evidence of Compliance. As The Issuer shall forthwith furnish to the Debenture Trustees evidence of compliance with the conditions precedent provided for specified in this Indenture (including any covenants compliance with which constitutes a condition precedent) which relate relating to the issue, authentication and delivery of the SecuritiesDebentures hereunder, to the satisfaction and discharge of this Indenture or to the taking of any other action to be taken by the Trustee Debenture Trustees at the request of or upon on the application of the Company, Issuer. Such evidence shall consist of the Company will furnish to the Trustee following: (a) an Officers' Certificate, Officer’s Certificate stating that such conditions precedent have been complied with and an Opinion in accordance with the terms of Counsel stating that this Indenture; (b) in the case of conditions, compliance with which are by this Indenture subject to review or examination by counsel, an opinion of such Counsel counsel that such conditions precedent have been complied with. Such Opinion with in accordance with the terms of counsel may this Indenture, including any statements required by applicable laws; (c) whenever applicable law requires that evidence of compliance be in the form and contain of a statutory declaration, the Debenture Trustees may accept such assumptions, qualifications and limitations as customarily appear statutory declaration in legal opinions issued in the jurisdiction in which lieu of an Officer’s Certificate; any such opinion statutory declaration may be made by an Authorized Officer of counsel the Issuer to whom such authority is rendereddelegated by the Board of Directors of the Issuer from time to time; and (d) such additional evidence of compliance with any provision hereof and in such form as may be prescribed by applicable law or as the Debenture Trustees may reasonably require by written notice to the Issuer. Each certificate or opinion, including each Officer’s Certificate or opinion of counsel (for greater certainty, other than an Officer’s Certificate provided pursuant to Section 8.4) with respect to compliance with a covenant or condition or covenant provided for in this Indenture shall include include: (1a) a statement that the person Person making such certificate or opinion has read such condition covenant or covenant; condition; (2b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; ; (3c) a statement that, in the opinion of such personPerson, he or she has made such examination or investigation as is necessary to enable the expression of him or her to express an informed opinion as to whether or not such covenant or condition or covenant has been complied with has been madewith; and and (4d) a statement as to whether or not, in the opinion of such personPerson, such covenant or condition or covenant has been complied with. Notwithstanding any provision In giving an opinion of this Indenture authorizing the Trustee conclusively to counsel, counsel may rely upon any certificates or opinions, the Trustee, before granting any application by the Company or taking or refraining from taking any other action in reliance thereon, may require any further evidence or make any further investigation as to the facts factual matters on an Officer’s Certificate or matters stated therein which it may, in good faith, deem reasonable in the circumstances, and in connection therewith the Trustee may examine or cause to be examined the pertinent books, records and premises on certificates of the Company or of any Subsidiary; and the Trustee shall, in any such case, require such further evidence or make such further investigation as may be requested by the holders of a majority in principal amount of the Securities then outstanding, PROVIDED THAT, if payment to the Trustee of the costs, expenses and liabilities likely to be incurred by it in making such investigation is not reasonably assured to the Trustee by the security afforded to it by the terms of this Indenture, the Trustee before making such investigation may require reasonable indemnity against such costs, expenses and liabilities. Any further evidence which may be requested by the Trustee pursuant to any of the provisions of this paragraph shall be furnished by the Company at its own expense; and any cost, expenses and liabilities incurred by the Trustee pursuant to any of the provisions of this paragraph shall be paid by the Company, or, if paid by the Trustee, shall be repaid by the Company, upon demand, with interest at the highest rate borne by the Securities, and, until 50 such repayment, shall be secured by a lien on any moneys held by the Trustee hereunder prior to any rights therein of the holders of Securitiespublic officials.

Evidence of Compliance. As evidence of compliance with the conditions precedent provided for in this Indenture (including any covenants compliance with which constitutes a condition precedent) which relate to the authentication and delivery of the Securities, to the release of Collateral, to the satisfaction and discharge of this Indenture or to any other action to be taken by the Trustee at the request or upon the application of the Company, the Company will furnish to the Trustee an Officers' Certificate, stating that such conditions precedent have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel counsel such conditions precedent have been complied with. Such Opinion of counsel may be in the form and contain such assumptions, qualifications and limitations as customarily appear in legal opinions issued in the jurisdiction in which any such opinion of counsel is rendered. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include (1) a statement that the person making such certificate or opinion has read such condition or covenant; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such person, such examination or investigation as is necessary to enable the expression of an informed opinion as to whether or not such condition or covenant has been complied with has been made; and (4) a statement as to whether or not, in the opinion of such person, such condition or covenant has been complied with. Notwithstanding any provision of this Indenture authorizing the Trustee conclusively to rely upon any certificates or opinions, the Trustee, before granting any application by the Company or taking or refraining from taking any other action in reliance thereon, may may, but shall not be obligated to, require any further evidence or make any further investigation as to the facts or matters stated therein which it may, in good faith, deem reasonable in the circumstances, and in connection therewith the Trustee may examine or cause to be examined the pertinent books, records and premises of the Company or of any Subsidiary; and the Trustee shall, in any such case, require such further evidence or make such further investigation as may be requested by the holders of a majority in principal amount of the Securities then outstanding, PROVIDED THATprovided that, if payment to the Trustee of the costs, expenses and liabilities likely to be incurred by it in making such investigation is not reasonably assured to the Trustee by the security afforded to it by the terms of this Indenture, the Trustee before making such investigation may require reasonable indemnity against such costs, expenses and liabilities. Any further evidence which may be requested by the Trustee pursuant to any of the provisions of this paragraph shall be furnished by the Company at its own expense; and any cost, expenses and liabilities incurred by the Trustee pursuant to any of the provisions of this paragraph shall be paid by the Company, or, if paid by the Trustee, shall be repaid by the Company, upon demand, with interest at the highest rate borne by the Securities, and, until 50 such repayment, shall be secured by a lien on any moneys held by the Trustee hereunder prior to any rights therein of the holders of Securities.

Evidence of Compliance. As (1) The Bank shall furnish to the Trustee evidence of compliance with every covenant, condition or other requirement relating to any action required or permitted to be taken by the conditions precedent provided for in Bank or the Trustee under this Trust Indenture (or as a result of any obligation imposed under this Trust Indenture, including any covenants compliance with which constitutes a condition precedent) which relate to without limitation, the authentication creation, issue, certification and delivery of the SecuritiesDebentures hereunder, to the satisfaction and discharge of this Trust Indenture or to and any other action act to be taken done by the Trustee at the request or upon the application of the CompanyBank, the Company will furnish forthwith if and when: (a) such evidence is required to be furnished to the Trustee an Officers' Certificatein accordance with the terms of this Trust Indenture, or (b) the Trustee, in the exercise of its rights and duties under this Trust Indenture, gives the Bank written notice requiring it to furnish such evidence in relation to any particular action or obligation specified in such notice. (2) Evidence of compliance with any covenant, condition or other requirement relating to the certification and delivery of Debentures hereunder, the satisfaction and discharge of this Trust Indenture or any act to be done by the Trustee at the request of the Bank shall consist of: (a) a certificate of the Bank stating that any such covenant, condition or other requirement has been complied with in accordance with the terms of this Trust Indenture; (b) in the case of any covenant, condition or other requirement compliance with which is subject to the review or examination by legal counsel, an opinion of counsel that the covenant, condition or other requirement has been complied with in accordance with the terms of this Trust Indenture; and (c) in the case of any covenant, condition or other requirement compliance with which is subject to the review or examination of auditors or accountants, an opinion or report of the Bank's auditors or any other duly, licensed independent accountant or accountants, in either case approved by the Trustee, that the covenants, conditions precedent or other requirements have been complied with and an Opinion in accordance with the terms of Counsel stating that in the opinion this Trust Indenture. (3) Evidence of such Counsel such conditions precedent have been complied with. Such Opinion of counsel may be in the form and contain such assumptions, qualifications and limitations as customarily appear in legal opinions issued in the jurisdiction in which any such opinion of counsel is rendered. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture required under Subsection 13.3(2) shall include (1) a statement of the persons giving the evidence: (a) that such persons have read and understand the person making provisions of this Trust Indenture under which such certificate or opinion has read such condition or covenant; evidence of compliance is required; (2b) a brief statement as to describing the nature and scope of the examination or investigation upon on which such persons based the certificate or opinions; (c) declaring that, in the belief of the persons giving the evidence, such persons have made such examination or investigation as such persons believe necessary to enable the statements to be made or the opinions contained in such certificate or opinion are basedexpressed therein to be given; and (3d) a statement that, stating whether in the opinion of such personpersons such covenant, such examination or investigation as is necessary to enable the expression of an informed opinion as to whether or not such condition or covenant other requirement has been complied with has been made; and or satisfied. (4) a statement as to whether or notEvidence of compliance, in the opinion of such person, such condition or covenant has been complied with. Notwithstanding any provision of this Indenture authorizing the Trustee conclusively to rely upon any certificates or opinions, the Trustee, before granting any application by the Company or taking or refraining from taking any other action in reliance thereon, may require any further than evidence or make any further investigation as relating to the facts or matters stated therein which it may, matter referred to in good faith, deem reasonable in the circumstances, and in connection therewith the Trustee may examine or cause Subsection 13.3(2) required to be examined the pertinent books, records and premises of the Company or of any Subsidiary; and the Trustee shall, in any such case, require such further evidence or make such further investigation as may be requested by the holders of a majority in principal amount of the Securities then outstanding, PROVIDED THAT, if payment furnished to the Trustee of the costs, expenses and liabilities likely to be incurred by it in making such investigation is not reasonably assured to the Trustee by the security afforded to it by accordance with the terms of this Trust Indenture, may consist of a report or opinion of any counsel, auditor, accountant, engineer or appraiser or any other person (including a director or officer or employee of the Bank) whose qualifications give authority to a statement made by that person, as the Trustee before making such investigation may require reasonable indemnity against such costs, expenses and liabilitiesreasonably require. Any further evidence which may be requested Evidence of compliance required by the Trustee pursuant to any in the exercise of the provisions of its rights and duties under this paragraph shall be furnished by the Company at its own expense; and any cost, expenses and liabilities incurred by the Trustee pursuant to any of the provisions of this paragraph shall be paid by the Company, or, if paid by the TrusteeTrust Indenture, shall be repaid by the Companybe, upon demandso far as appropriate, in accordance with interest at the highest rate borne by the Securities, and, until 50 such repayment, shall be secured by a lien on any moneys held by the Trustee hereunder prior to any rights therein of the holders of Securities.Subsection 13.3

Evidence of Compliance. As evidence of compliance with the conditions precedent provided for in this Indenture (including any covenants compliance with which constitutes a condition precedent) which relate to the authentication and delivery of the Securities, to the satisfaction and discharge of this Indenture or to any other action to be taken by the Trustee at the request or upon the application of the Company, the Company will furnish to the Trustee an Officers' Certificate, stating that such conditions precedent have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel such conditions precedent have been complied with. Such Opinion of counsel may be in the form and contain such assumptions, qualifications and limitations as customarily appear in legal opinions issued in the jurisdiction in which any such opinion of counsel is rendered. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include (1) a statement that the person making such certificate or opinion has read such condition or covenant; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such person, such examination or investigation as is necessary to enable the expression of an informed opinion as to whether or not such condition or covenant has been complied with has been made; and (4) a statement as to whether 53 or not, in the opinion of such person, such condition or covenant has been complied with. Notwithstanding any provision of this Indenture authorizing the Trustee conclusively to rely upon any certificates or opinions, the Trustee, before granting any application by the Company or taking or refraining from taking any other action in reliance thereon, may require any further evidence or make any further investigation as to the facts or matters stated therein which it may, in good faith, deem reasonable in the circumstances, and in connection therewith the Trustee may examine or cause to be examined the pertinent books, records and premises of the Company or of any Subsidiary; and the Trustee shall, in any such case, require such further evidence or make such further investigation as may be requested by the holders of a majority in principal amount of the Securities then outstanding, PROVIDED THATprovided that, if payment to the Trustee of the costs, expenses and liabilities likely to be incurred by it in making such investigation is not reasonably assured to the Trustee by the security afforded to it by the terms of this Indenture, the Trustee before making such investigation may require reasonable indemnity against such costs, expenses and liabilities. Any further evidence which may be requested by the Trustee pursuant to any of the provisions of this paragraph shall be furnished by the Company at its own expense; and any cost, expenses and liabilities incurred by the Trustee pursuant to any of the provisions of this paragraph shall be paid by the Company, or, if paid by the Trustee, shall be repaid by the Company, upon demand, with interest at the highest rate borne by the Securities, and, until 50 such repayment, shall be secured by a lien on any moneys held by the Trustee hereunder prior to any rights therein of the holders of Securities.

Evidence of Compliance. As evidence of compliance with the conditions precedent provided for in this Indenture (including any covenants compliance with which constitutes a condition precedent) which relate to the authentication and delivery of the Securities, to the satisfaction and discharge of this Indenture or to any other action to be taken by the Trustee at the request or upon the application of the Company, the Company will furnish to the Trustee an Officers' Certificate, stating that such conditions precedent have been complied with and an Opinion of Counsel stating that in the opinion of such Counsel such conditions precedent have been complied with. Such Opinion of counsel may be in the form and contain such assumptions, qualifications and limitations as customarily appear in legal opinions issued in the jurisdiction in which any such opinion of counsel is rendered. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture shall include (1) a statement that the person making such certificate or opinion has read such condition or covenant; (2) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or opinion are based; (3) a statement that, in the opinion of such person, such examination or investigation as is necessary to enable the expression of an informed opinion as to whether or not such condition or covenant has been complied with has been made; and (4) a statement as to whether or not, in the opinion of such person, such condition or covenant has been complied with. Notwithstanding any provision of this Indenture authorizing the Trustee conclusively to rely upon any certificates or opinions, the Trustee, before granting any application by the Company or taking or refraining from taking any other action in reliance thereon, may require any further evidence or make any further investigation as to the facts or matters stated therein which it may, in good faith, deem reasonable in the circumstances, and in connection therewith the Trustee may examine or cause to be examined the pertinent books, records and premises of the Company or of any Subsidiary; and the Trustee shall, in any such case, require such further evidence or make such further investigation as may be requested by the holders of a majority in principal amount of the Securities then outstanding, PROVIDED THATprovided that, if payment to the Trustee of the costs, expenses and liabilities likely to be incurred by it in making such investigation is not reasonably assured to the Trustee by the security afforded to it by the terms of this Indenture, the Trustee before making such investigation may require reasonable indemnity against such costs, expenses and liabilities. Any further evidence which may be requested by the Trustee pursuant to any of the provisions of this paragraph shall be furnished by the Company at its own expense; and any cost, expenses and liabilities incurred by the Trustee pursuant to any of the provisions of this paragraph shall be paid by the Company, or, if paid by the Trustee, shall be repaid by the Company, upon demand, with interest at the highest rate borne by the Securities, and, until 50 such repayment, shall be secured by a lien on any moneys held by the Trustee hereunder prior to any rights therein of the holders of Securities.