Section 205 Issuance of the Common Securities; Subscription and Purchase of Debentures............................................................................11
Section 204 Issuance of the Preferred Securities..................................................11
Section 206 Declaration of Trust..................................................................11 Section 207. Authorization to Enter into Certain Transactions......................................12
SECTION 305 Registration, Registration of Transfer and Exchange..........21 SECTION 306. Mutilated, Destroyed, Lost and Stolen Securities..........
Section 502 Acceleration of Maturity; Rescission and Annulment....................................... 24
SECTION 201 Forms Generally............................................. 13 Section 202. Form of Face of Security.................................... 13
SECTION 203 Form of Reverse of Security........................ 14 Section 204. Form of Legend for Global Securities............... 18 Section 205. Form of Trustee's Certificate of Authentication.... 18 ARTICLE THREE
SECTION 812 Control by Holders of Securities....................43 SECTION 813. Waiver of Past Defaults.............................44
SECTION 402 Application of Trust Money.................................. 29 ARTICLE FIVE REMEDIES........................................................... 29 Section 501. Events of Default........................................... 29
Investments, Loans, Advances, Guarantees and Acquisitions Borrower will not, and will not permit any of its Subsidiaries to, acquire or form any new Subsidiaries after the Closing Date, acquire, form or suffer to exist any new Affiliates after the Closing Date, purchase, hold or acquire (including pursuant to any merger, other than a merger permitted by Section 5.4) any Stock, evidences of indebtedness or other securities (including any option, warrant or other right to acquire any of the foregoing) of, make or permit to exist any loans or advances to, guarantee any obligations of, or make or permit to exist any investment or any other interest in, any other Person, or purchase or otherwise acquire (in one transaction or a series of transactions (including pursuant to any merger)) any assets of any other Person constituting a business unit, except:
(a) Permitted Investments;
(b) investments existing on the date as of the last financial statement furnished to the Bank as set forth on Annex 2;
(c) Investments consisting of extensions of credit in the nature of accounts receivable arising from the grant of trade credit in the ordinary course of business;
(d) loans and advances to officers, directors and employees of Borrower or any Subsidiary in the ordinary course of the business of the Borrower and its Subsidiaries as presently conducted in compliance with all applicable laws (including, to the extent applicable, the Sxxxxxxx-Xxxxx Act of 2002, as amended) in an aggregate principal amount not to exceed $5,000 at any time outstanding; and
(e) investments made by Borrower in the equity securities of any Domestic Subsidiary and made by any Domestic Subsidiary in the equity securities of any other Domestic Subsidiary provided that (i) any such equity securities owned by Borrower or any Domestic Subsidiary shall become Collateral pursuant to this Agreement.
