Notes; Indenture; Trustees Sample Clauses

Notes; Indenture; Trustees. This Note is one of a duly authorized issue of Notes of the Issuer, designated as its 5% Subordinated Convertible Debentures due 2011 (the “Notes”), limited in aggregate principal amount to $50,000,000 and to be issued under and pursuant to an Indenture dated as of [ ], 2005 (the “Indenture”), by and between the Issuer, and The Bank of New York, as trustee (the “Trustee”) and Hermetic Trust (1975) Ltd., as co-trustee (the “Co-Trustee”, and, together with the Trustee, the “Trustees”), to which Indenture and all indentures supplemental thereto reference is hereby made for a description of the rights, limitations of rights, obligations, duties and immunities thereunder of the Trustees, the Issuer and the holders of the Notes. No reference herein to the Indenture and no provision of this Note or of the Indenture shall (i) alter or impair the obligation of the Issuer, which is absolute and unconditional, to pay the principal of, premium, if any, and interest on this Note at the place, at the respective times, at the rate and in the coin or currency herein prescribed; (ii) affect the relative rights against the Issuer of the Holders of the Notes and creditors of the Issuer other than the Lenders; or (iii) prevent the Trustees or the holder of any Notes from exercising all remedies otherwise permitted by applicable law upon default under the Indenture (subject to any conditions and limitations set forth therein). Capitalized but otherwise undefined terms used in this Note that are defined in the Indenture are used herein as therein defined.