Common use of Prior to Default Clause in Contracts

Prior to Default. With respect to the Holders of any series of Securities issued hereunder, the Trustee, prior to the occurrence of an Event of Default with respect to the Securities of a particular series and after the curing or waiv- ing of all Events of Default which may have occurred with respect to such se- xxxx, undertakes to perform such duties and only such duties as are specifi- cally set forth in this Indenture. In case an Event of Default with respect to the Securities of a series has occurred (which has not been cured or waived) the Trustee shall exercise with respect to such series of Securities such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct, except that (a) prior to the occurrence of an Event of Default with respect to the Se- curities of any series and after the curing or waiving of all such Events of Default with respect to such series which may have occurred: (i) the duties and obligations of the Trustee with respect to the Securi- ties of any series shall be determined solely by the express provisions of this 44

Prior to Default. With respect to the Holders of any series of Securities issued hereunder, the Trustee, prior to the occurrence of an Event of a Default with respect to the Securities of a particular series and after the curing or waiv- ing waiving of all Events of Default Defaults which may have occurred with respect to such se- xxxxseries, undertakes to perform such duties and only such duties as are specifi- cally specifically set forth in this Indenture. In case an Event of a Default with respect to the Securities of a series has occurred (which has not been cured or waived) ), the Trustee shall exercise with respect to such series of Securities such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct, except that (a) prior to the occurrence of an Event of Default with respect to the Se- curities of any series and after the curing or waiving of all such Events of Default with respect to such series which may have occurred: (i) the duties and obligations of the Trustee with respect to the Securi- ties of any series shall be determined solely by the express provisions of this 44that

Prior to Default. With respect to the Holders of any series of Securities issued hereunder, the Trustee, prior to the occurrence of an Event of Default with respect to the Securities of a particular series and after the curing or waiv- ing waiving of all Events of Default which may have occurred with respect to such se- xxxxseries, undertakes to perform such duties and only such duties as are specifi- cally specifically set forth in this Indenture. In case an Event of Default with respect to the Securities of a series has occurred (which has not been cured or waived) the Trustee shall exercise with respect to such series of Securities such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent man person would exercise or use under the circumstances in the conduct of his or her own affairs. No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct, except that (a) prior to the occurrence of an Event of Default with respect to the Se- curities of any series and after the curing or waiving of all such Events of Default with respect to such series which may have occurred: (i) the duties and obligations of the Trustee with respect to the Securi- ties of any series shall be determined solely by the express provisions of this 44that:

Prior to Default. With respect to the Holders of any series of Securities issued hereunder, the Trustee, prior to the occurrence of an Event of Default with respect to the Securities of a particular series and after the curing or waiv- ing waiving of all Events of Default which may have occurred with respect to such se- xxxxseries, undertakes to perform such duties and only such duties as are specifi- cally specifically set forth in this Indenture. In case an Event of Default with respect to the Securities of a series has occurred (which has not been cured or waived) the Trustee shall exercise with respect to such series of Securities such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct, except that (a) prior to the occurrence of an Event of Default with respect to the Se- curities of any series and after the curing or waiving of all such Events of Default with respect to such series which may have occurred: (i) the duties and obligations of the Trustee with respect to the Securi- ties of any series shall be determined solely by the express provisions of this 44that

Prior to Default. With respect to the Holders of any series of Securities issued hereunder, the Trustee, prior Prior to the occurrence of an Event of Default with respect to the Subordinated Securities of a particular series and after the curing or waiv- ing waiving of all Events of Default which may have occurred with respect to such se- xxxxseries, the Trustee undertakes to perform such duties and only such duties as are specifi- cally specifically set forth in this IndentureSubordinated Indenture with respect to such series of Subordinated Securities. In case an Event of Default with respect to the Subordinated Securities of a series has occurred (which and has not been cured or waived) , the Trustee shall exercise with respect to such series of Subordinated Securities such of the rights and powers vested in it by this IndentureSubordinated Indenture with respect to such series of Subordinated Securities, and use the same degree of care and skill in their exercise, as a prudent man person would exercise or use under the circumstances in the conduct of his or her own affairs. No provision of this Subordinated Indenture shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct, except that (a) prior to the occurrence of an Event of Default with respect to the Se- curities of any series and after the curing or waiving of all such Events of Default with respect to such series which may have occurred: (i) the duties and obligations of the Trustee with respect to the Securi- ties of any series shall be determined solely by the express provisions of this 44that