Common use of Outstanding Debentures Clause in Contracts

Outstanding Debentures. Debentures outstanding at any time are all Debentures that have been authenticated by the Trustee except for those cancelled by it, those delivered to it for cancellation and those described in this Section 2.10 as not outstanding. If a Debenture is replaced pursuant to Section 2.09, it ceases to be outstanding unless and until the Trustee and the Company receive proof satisfactory to them that the replaced Debenture is held by a bona fide purchaser. If the Paying Agent (other than the Company or an Affiliate of the Company) holds on the Maturity Date money sufficient to pay Debentures payable on that date, then on and after that date such Debentures cease to be outstanding and interest on them shall cease to accrue. A Debenture does not cease to be outstanding because the Company or one of its Affiliates holds such Debenture, provided, however, that in determining whether the Holders of the requisite principal amount of the outstanding Debentures have given any request, demand, authorization, direction, notice, consent or waiver hereunder, Debentures owned by the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligor shall be disregarded and deemed not to be outstanding; except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Debentures which the Trustee has actual knowledge to be so owned shall be so disregarded. Debentures so owned which have been pledged in good faith may be regarded as outstanding if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to such Debentures and that the pledgee is not the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligor.

Outstanding Debentures. Debentures outstanding at any time are all Debentures that have been authenticated by the Trustee except for those cancelled by it, those delivered to it for cancellation and those described in this Section 2.10 as not outstanding. If a Debenture is replaced pursuant to Section 2.092.07, it ceases to be outstanding unless and until the Trustee and the Company receive proof satisfactory to them that the replaced Debenture is held by a bona fide purchaser. If the Paying Agent (other than the Company or an Affiliate of the Company) holds on the Maturity Date money sufficient to pay Debentures payable on that date, then on and after that date such Debentures cease to be outstanding and interest on them shall cease to accrue. A Debenture does not cease to be outstanding because the Company or one of its Affiliates holds such Debenture, provided, however, that in determining whether the Holders of the requisite principal amount of the outstanding Debentures have given any request, demand, authorization, direction, notice, consent or waiver hereunder, Debentures owned by the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligor shall be disregarded and deemed not to be outstanding; , except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Debentures which a Responsible Officer of the Trustee has actual knowledge to be so owned shall be so disregarded. Debentures so owned which have been pledged in good faith may be regarded as outstanding if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to such Debentures and that the pledgee is not the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligor.

Outstanding Debentures. Debentures outstanding at any time are all Debentures that have been authenticated by the Trustee except for those cancelled by it, those delivered to it for cancellation and those described in this Section 2.10 as not outstanding. If a Debenture is replaced pursuant to Section 2.09, it ceases to be outstanding unless and until the Trustee and the Company receive proof reasonably satisfactory to them that the replaced Debenture is held by a bona fide purchaser. If the Paying Agent (other than the Company or an Affiliate of the Company) holds on the Maturity Date maturity date or a redemption date money in such coin or currency of the Federal Republic of Germany as at the time of payment shall be legal tender for the payment of public and private debts sufficient to pay all principal, premium, if any, and interest payable on that date with respect to the Debentures (or portions thereof) to be redeemed or payable on that date, then on and after that date such Debentures cease to be outstanding and interest on them shall cease to accrue. A Debenture does not cease to be outstanding because the Company or one of its Affiliates holds such Debenture, provided, however, that in determining whether the Holders of the requisite principal amount of the outstanding Debentures have given any request, demand, authorization, direction, notice, consent or waiver hereunder, Debentures owned by the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligor shall be disregarded and deemed not to be outstanding; , except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Debentures which a Responsible Officer of the Trustee has actual knowledge knows to be so owned shall be so disregarded. Debentures so owned which have been pledged in good faith may be regarded as outstanding if the pledgee establishes to the satisfaction of the Trustee the pledgee’s 's right so to act with respect to such Debentures and that the pledgee is not the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligor.

Outstanding Debentures. Debentures outstanding at any time are all Debentures that have been authenticated by the Trustee except for those cancelled by it, those delivered to it for cancellation and those described in this Section 2.10 as not outstanding. If a Debenture is replaced pursuant to Section 2.09, it ceases to be outstanding unless and until the Trustee and the Company receive proof satisfactory to them that the replaced Debenture is held by a bona fide purchaser. If the Paying Agent (other than the Company holds, in accordance with this Indenture, on a Redemption Date, or an Affiliate of the Company) holds on the Maturity Business Day following a Purchase Date or a Change in Control Purchase Date, or at Stated Maturity, money or, if permitted by the terms hereof, including, without limitation, Section 1110, securities sufficient to pay the Debentures payable on that date, then on and after that date such Debentures shall cease to be outstanding Outstanding and Original Issue Discount and interest, if any (including, if such Debentures have been converted to semiannual coupon notes following the occurrence of a Tax Event, interest on them such notes), on such Debentures shall cease to accrueaccrue and all other rights of the Holder shall terminate (other than the right to receive the applicable Redemption Price, Purchase Price or Change in Control Purchase Price, as the case may be, upon delivery of the Debenture in accordance with the terms of this Indenture); PROVIDED that if such Debentures are to be redeemed, notice of such redemption has been duly given pursuant to this Indenture or provision therefor satisfactory to the Trustee has been made. A If a Debenture does not is converted in accordance with Article Fifteen, then from and after the Conversion Date such Debenture shall cease to be outstanding because Outstanding and Original Issue Discount and interest, if any (including, if such Debentures have been converted to semiannual coupon notes following the Company or one occurrence of its Affiliates holds a Tax Event, interest on such notes), shall cease to accrue on such Debenture, provided, however, that in determining whether the Holders of the requisite principal amount of the outstanding Debentures have given any request, demand, authorization, direction, notice, consent or waiver hereunder, Debentures owned by the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligor shall be disregarded and deemed not to be outstanding; except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Debentures which the Trustee has actual knowledge to be so owned shall be so disregarded. Debentures so owned which have been pledged in good faith may be regarded as outstanding if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to such Debentures and that the pledgee is not the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligor.ARTICLE SIX

Outstanding Debentures. The Debentures outstanding at any time are all the Debentures that have been authenticated by the Trustee except for those cancelled canceled by it, those delivered to it for cancellation cancellation, those reductions in the interest in a Global Debenture effected by the Trustee in accordance with the provisions hereof, and those described in this Section 2.10 as not outstanding. Except as set forth in Section 2.09 hereof, a Debenture does not cease to be outstanding because the Company or an Affiliate of the Company holds the Debenture. If a Debenture is replaced pursuant to Section 2.092.07 hereof, it ceases to be outstanding unless and until the Trustee and the Company receive receives proof satisfactory to them it that the replaced Debenture is held by a bona fide protected purchaser. If the principal amount of any Debenture is considered paid under Section 4.01 hereof, it ceases to be outstanding and interest on it ceases to accrue. If the Paying Agent (other than the Company Company, a Subsidiary or an Affiliate of the Companyany thereof) holds holds, on the Maturity Date a redemption date or maturity date, money sufficient to pay Debentures payable on that date, then on and after that date such Debentures will be deemed to be no longer outstanding and will cease to accrue interest. In connection with a redemption pursuant to Section 3.10, if the Paying Agent holds money or shares of the Common Stock, as applicable, sufficient to pay the Repurchase Price of the Debentures for which a Repurchase Notice has been delivered on the Business Day immediately following the Repurchase Date in accordance with the terms of this Indenture, then, immediately after the Repurchase Date, the Debentures will cease to be outstanding and interest interest, including Additional Interest, if any, on them shall the Debentures will cease to accrue, whether or not the Debentures are delivered to the Paying Agent. A Debenture does not cease to be outstanding because the Company or one of its Affiliates holds such DebentureThereafter, provided, however, that in determining whether the Holders all other rights of the requisite principal amount Holder terminate, other than the right to receive the Repurchase Price upon delivery of the outstanding Debentures have given any request, demand, authorization, direction, notice, consent or waiver hereunder, Debentures owned by the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligor shall be disregarded and deemed not to be outstanding; except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Debentures which the Trustee has actual knowledge to be so owned shall be so disregarded. Debentures so owned which have been pledged in good faith may be regarded as outstanding if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to such Debentures and that the pledgee is not the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligorDebentures.

Outstanding Debentures. Debentures outstanding at any time are all Debentures that have been authenticated by the Trustee except for those cancelled by it, those delivered to it for cancellation and those described in this Section 2.10 as not outstanding. If a Debenture is replaced pursuant to Section 2.09, it ceases to be outstanding unless and until the Trustee and the Company receive proof satisfactory to them that the replaced Debenture is held by a bona fide purchaser. If the Paying Agent (other than the Company holds, in accordance with this Indenture, on a Redemption Date, or an Affiliate of the Company) holds on the Maturity Business Day following a Purchase Date or a Change in Control Purchase Date, or at Stated Maturity, money or, if permitted by the terms hereof including, without limitation, Section 1109, securities sufficient to pay the Debentures payable on that date, then on and after that date such Debentures shall cease to be outstanding Outstanding and Original Issue Discount and interest, if any (including, if such Debentures have been converted to semiannual coupon notes following the occurrence of a Tax Event, interest on them such notes), on such Debentures shall cease to accrueaccrue and all other rights of the Holder shall terminate (other than the right to receive the applicable Redemption Price, Purchase Price or Change in Control Purchase Price, as the case may be, upon delivery of the Debenture in accordance with the terms of this Indenture); PROVIDED that if such Debentures are to be redeemed, notice of such redemption has been duly given pursuant to this Indenture or provision therefor satisfactory to the Trustee has been made. A If a Debenture does not is converted in accordance with Article Fifteen, then from and after the Conversion Date such Debenture shall cease to be outstanding because Outstanding and Original Issue Discount and interest, if any (including, if such Debentures have been converted to semiannual coupon notes following the Company or one occurrence of its Affiliates holds a Tax Event, interest on such notes), shall cease to accrue on such Debenture, provided, however, that in determining whether the Holders of the requisite principal amount of the outstanding Debentures have given any request, demand, authorization, direction, notice, consent or waiver hereunder, Debentures owned by the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligor shall be disregarded and deemed not to be outstanding; except that, in determining whether the Trustee shall be protected in relying upon any such request, demand, authorization, direction, notice, consent or waiver, only Debentures which the Trustee has actual knowledge to be so owned shall be so disregarded. Debentures so owned which have been pledged in good faith may be regarded as outstanding if the pledgee establishes to the satisfaction of the Trustee the pledgee’s right so to act with respect to such Debentures and that the pledgee is not the Company or any other obligor upon the Debentures or any Affiliate of the Company or of such other obligor.ARTICLE SIX