Common use of Indenture Relating to the Notes Clause in Contracts

Indenture Relating to the Notes. Upon the written request of the Required Holders, the Company, at its expense, shall cause to be prepared, executed and delivered within 30 days after such request an indenture (including a new form of note, any necessary related documentation and, from time to time thereafter, any necessary supplements thereto) (the "Indenture") with respect to the Notes, which Indenture shall contain terms and provisions substantially the same as those set forth in Sections 6, 8, 9 and 13 hereof and such other terms and provisions as are required under the Trust Indenture Act of 1939 and such other items and provisions as are customary in indentures relating to publicly traded senior secured debt securities having a rating comparable to the rating that the Notes would receive if rated by a nationally recognized rating agency. In such event, the Company shall also appoint as trustee under the Indenture a national banking association reasonably acceptable to the Required Holders having its principal offices in New York, New York, and having capital, surplus, and undivided profits of at least $50,000,000. In connection with the execution of the Indenture, the Holders shall exchange all outstanding Notes for new notes in the form contemplated by the Indenture, and upon such exchange such new notes shall be deemed to be "Notes" for purposes hereof.

Indenture Relating to the Notes. Upon the written request of the Required Holders, the Company, at its expense, shall cause to be prepared, executed and delivered within 30 days after such request an indenture (including a new form of note, any necessary related documentation and, from time to time thereafter, any necessary supplements thereto) (the "Indenture") with respect to the Notes, which Indenture indenture (and form of note) shall contain terms and provisions substantially the same as those set forth in Sections Articles 6, 8, 8 and 9 and 13 hereof and such other terms and provisions as are required under the Trust Indenture Act of 1939 and such other items and provisions as are customary in indentures relating to publicly traded senior secured debt securities having a rating comparable to the rating that the Notes would receive if rated by a nationally recognized rating agency. In such event, the Company shall also appoint as trustee under the Indenture such indenture a national banking association reasonably acceptable to the Required Holders having its principal offices in New York, New York, and having capital, surplus, and undivided profits of at least $50,000,000. In connection with the execution of the Indentureany such indenture, the Holders shall exchange all outstanding Notes for new notes in the form contemplated by the Indenturesuch indenture, and upon such exchange such new notes shall be deemed to be "Notes" for purposes hereof.

Indenture Relating to the Notes. Upon the written request of the Required Holders, the Company, at its expense, shall cause to be prepared, executed and delivered within 30 days after such request an indenture (including a new form of note, any necessary related documentation and, from time to time thereafter, any necessary supplements thereto) (the "Indenture") with respect to the Notes, which Indenture indenture (and form of note) shall contain terms and provisions substantially the same as those set forth in Sections 6, 8, 9 and 13 hereof and such other terms and provisions as are required under the Trust Indenture Act of 1939 and such other items and provisions as are customary in indentures relating to publicly traded senior secured debt securities having a rating comparable to the rating that the Notes would receive if rated by a nationally recognized rating agency. In such event, the Company shall also appoint as trustee under the Indenture such indenture a national banking association reasonably acceptable to the Required Holders having its principal offices in New York, New York, and having capital, surplus, and undivided profits of at least $50,000,000. In connection with the execution of the Indentureany such indenture, the Holders shall exchange all outstanding Notes for new notes in the form contemplated by the Indenturesuch indenture, and upon such exchange such new notes shall be deemed to be "Notes" for purposes hereof.

Indenture Relating to the Notes. Upon the written request of the Required Holders, the Company, at its expense, shall cause to be prepared, executed and delivered within 30 days after such request an indenture (including a new form of note, any necessary related documentation and, from time to time thereafter, any necessary supplements thereto) (the "Indenture") with respect to the Notes, which Indenture indenture (and form of note) shall contain terms and provisions substantially the same as those set forth in Sections 6, 8, 9 and 13 hereof and such other terms and provisions as are required under the Trust Indenture Act of 1939 and such other items and provisions as are customary in indentures relating to publicly traded senior secured debt securities having a rating comparable to the rating that the Notes would receive if rated by a nationally recognized rating agency. In such event, the Company shall also appoint as trustee under the Indenture such indenture a national banking association reasonably acceptable to the Required Holders having its principal offices in New York, New York, and having capital, surplus, and undivided profits of at least $50,000,000. In 33 connection with the execution of the Indentureany such indenture, the Holders shall exchange all outstanding Notes for new notes in the form contemplated by the Indenturesuch indenture, and upon such exchange such new notes shall be deemed to be "Notes" for purposes hereof.