Common use of Other Miscellaneous Provisions Clause in Contracts

Other Miscellaneous Provisions. Subject to the provisions of the last paragraph of Section 1003, all money and Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively for purposes of this Section 1405, the "Trustee") pursuant to Section 1404 in respect of such Outstanding Securities and any related Coupons shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities and any related Coupons 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 Holders of such Securities and any related Coupons of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 301, if, after a deposit referred to in Section 1404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 1404(1) has been made in respect of such Security, or (b) a Conversion Event occurs or by the terms of any Security in respect of which the deposit pursuant to Section 1404(1) has been made, the indebtedness represented by such Security and any related Coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (premium, if any, on), and interest, if any, on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Securities and any related Coupons. Anything in this Article Fourteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent defeasance or covenant defeasance, as applicable, in accordance with this Article.

Other Miscellaneous Provisions. Subject to the provisions of the last ------------------------------------- paragraph of Section 1003, all money and Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- trustee, collectively for purposes of this Section 1405, the "Trustee") pursuant to Section 1404 in respect of such any Outstanding Debt Securities of any series and any related Coupons coupons appertaining thereto shall be held in trust and applied by the Trustee, in accordance with the provisions of such Debt Securities and any related Coupons coupons appertaining thereto and this Indenture, to the payment, either directly or through any Paying Agent (including other than the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Debt Securities and any related Coupons coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Debt Security pursuant to Section 301, if, after a deposit referred to in Section 1404(11404(a) has been made, (a) the Holder of a Debt Security in respect of which such deposit was made is entitled to, and does, elect pursuant to the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 1404(11404(a) has been made in respect of such Debt Security, or (b) a Conversion Event occurs or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 1404(11404(a) has been made, the indebtedness represented by such Debt Security and any related Coupons coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium, if any, on), and interest, if any, on such Debt Security as they become it becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Debt Security into the Currency currency or currency unit in which such Debt Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate on (x) in the case of payments made pursuant to clause (a) above, the applicable market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, or (y) with respect to a Conversion Event, the applicable market exchange rate for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Debt Securities and any related Couponscoupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstanding, subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article.

Other Miscellaneous Provisions. Subject to the provisions of the last ------------------------------------- paragraph of Section 100310.3, all money and U.S. Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- collectively (solely for purposes of this Section 140515.5 and Section 15.6, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 1404 15.4 in respect of such Outstanding the Securities of any Defeasible Series and any related Coupons coupons shall be held in trust and applied by the Trustee, in accordance with the provisions of such the Securities and any the related Coupons coupons, if any, of such series and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of Securities of such Securities and any related Coupons series, of all sums due and to become due thereon in respect of principal (and premium, if any) any premium and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3013.1, if, after a deposit referred to in Section 1404(115.4(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 1404(115.4(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 1404(115.4(a) has been made, the indebtedness represented by such Security and any related Coupons coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium, if any, on), ) and interest, if any, on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. 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 1404 15.4 or the principal and interest received in respect thereof other than any such tax, fee or other charge which that by law is for the account of the Holders of such Outstanding Securities and any related CouponsSecurities. Anything in this Article Fourteen Fifteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 which15.4 with respect to Securities of any Defeasible Series that, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent defeasance Defeasance or covenant defeasance, as applicable, in accordance Covenant Defeasance with this Articlerespect to the Securities of such series.

Other Miscellaneous Provisions. Subject to the provisions of the last ------------------------------ paragraph of Section 1003, all money and Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- trustee, collectively for purposes of this Section 1405, the "Trustee") pursuant to Section 1404 in respect of such any Outstanding Securities of any series and any related Coupons coupons appertaining thereto shall be held in trust and applied by the Trustee, Trustee in accordance with the provisions of such Securities and any related Coupons coupons appertaining thereto 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 Holders of such Securities and any related Coupons coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and premiumpremium or Make-Whole Amount, if any) and interestinterest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 301, if, after a deposit referred to in Section 1404(11404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 1404(11404(a) has been made in respect of such Security, or (b) a Conversion Event occurs or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 1404(11404(a) has been made, the indebtedness represented by such Security and any related Coupons coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (premiumand premium or Make-Whole Amount, if any, on), and interest, if any, on such Security as they become the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the third second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 or the principal and interest received in respect thereof thereof, other than any such tax, fee or other charge which by law is for the account of, and shall be the responsibility of and paid by, the Holders of such Outstanding Securities and any related Couponscoupons appertaining thereto. Anything in this Article Fourteen to the contrary notwithstandingnotwithstanding subject to Section 607, the Trustee shall deliver or pay to the Company from time to time upon the Company Request any money or Government Obligations (or other property and any proceeds therefromthereon) held by it as provided in Section 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article.

Other Miscellaneous Provisions. Subject to the provisions of the last paragraph ------------------------------ of Section 1003, all money and Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee -- trustee, collectively for purposes of this Section 1405, the "Trustee") pursuant to Section 1404 in respect of such any Outstanding Securities and of any related Coupons series shall be held in trust and applied by the Trustee, in accordance with the provisions of such Securities and any related Coupons 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 Holders of such Securities and any related Coupons of all sums due and to become due thereon in respect of principal (and premium, if any) and interestinterest and Additional Amounts, if any, but such money need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 301, if, after a deposit referred to in Section 1404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 1404(1) has been made in respect of such Security, or (b) a Conversion Event occurs or by the terms of any Security in respect of which the deposit pursuant to Section 1404(1) has been made, the indebtedness represented by such Security and any related Coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (premium, if any, on), and interest, if any, on such Security as they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of such Outstanding Securities and any related CouponsSecurities. Anything in this Article Fourteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent a defeasance or covenant defeasance, as applicable, in accordance with this Article. * * * * * This Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Indenture.