SECTION 611 Appointment of Authenticating Agent. The Trustee may appoint one or more Authenticating Agents acceptable to the Company with respect to one or more series of Securities which shall be authorized to act on behalf of the Trustee to authenticate Securities of that or those series issued upon original issue, exchange, registration of transfer, partial redemption, partial repayment, partial conversion or exchange for Common Equity or other securities or property, or pursuant to Section 306, and Securities so authenticated shall be entitled to the benefits of this Indenture and shall be valid and obligatory for all purposes as if authenticated by the Trustee hereunder. Wherever reference is made in this Indenture to the authentication and delivery of Securities by the Trustee or the Trustee’s certificate of authentication, such reference shall be deemed to include authentication and delivery on behalf of the Trustee by an Authenticating Agent and a certificate of authentication executed on behalf of the Trustee by an Authenticating Agent. Each Authenticating Agent shall be acceptable to the Company and, except as provided in or pursuant to this Indenture, shall at all times be a Corporation that would be permitted by the Trust Indenture Act to act as trustee under an indenture qualified under the Trust Indenture Act, is authorized under applicable law and by its charter to act as an Authenticating Agent and has a combined capital and surplus (computed in accordance with Section 310(a)(2) of the Trust Indenture Act) of at least $50,000,000. If at any time an Authenticating Agent shall cease to be eligible in accordance with the provisions of this Section, it shall resign immediately in the manner and with the effect specified in this Section. Any Corporation into which an Authenticating Agent may be merged or converted or with which it may be consolidated, or any Corporation resulting from any merger, conversion or consolidation to which such Authenticating Agent shall be a party, or any Corporation succeeding to all or substantially all of the corporate agency or corporate trust business of an Authenticating Agent, shall be the successor of such Authenticating Agent hereunder, provided such Corporation shall be otherwise eligible under this Section, without the execution or filing of any paper or any further act on the part of the Trustee or the Authenticating Agent. An Authenticating Agent may resign at any time by giving written notice thereof to the Trustee and the Company. The Trustee may at a...
SECTION 611 Appointment of Authenticating Agent. 51 ARTICLE VII
SECTION 611 Appointment of Authenticating Agent. The Trustee may appoint an Authenticating Agent or Authenticating Agents, which may be an Affiliate of the Company, with respect to one or more series of Securities which shall be authorized to act on behalf of the Trustee to authenticate Securities of that or those series issued upon original issue or exchange, registration of transfer or partial redemption or pursuant to Section 306. Securities so authenticated shall be entitled to the benefits of this Indenture and shall be valid and obligatory for all purposes as if authenticated by the Trustee hereunder. Wherever reference is made in this Indenture to the authentication and delivery of Securities by the Trustee or the Trustee’s certificate of authentication, such reference shall be deemed to include authentication and delivery on behalf of the Trustee by an Authenticating Agent and a certificate of authentication executed on behalf of the Trustee by an Authenticating Agent. Each Authenticating Agent shall be acceptable to the Company and, except as specified as contemplated by Section 301, shall at all times
SECTION 611 Appointment of Authenticating Agent. 60 SECTION 612 Conflicting Interests ........................................................ 62 SECTION 613 Appointment of Co-Trustee .................................................... 62 SECTION 614 Trustee's Application for Instructions from the Company ...................... 63 ARTICLE SEVEN HOLDERS' LISTS AND REPORTS BY TRUSTEE AND COMPANY ............................. 64
SECTION 611 Appointment of Authenticating Agent. At any time when any of the Securities remain Outstanding, the Trustee may appoint an Authenticating Agent or Agents with respect to one or more series of Securities which shall be authorized to act on behalf of the Trustee to authenticate Securities of such series issued upon exchange, registration of transfer or partial redemption thereof, and Securities so authenticated shall be entitled to the benefits of this Indenture and shall be valid and obligatory for all purposes as if authenticated by the Trustee
SECTION 611 Appointment of Authenticating Agent. 61 SECTION 612 Conflicting Interests...................................62 SECTION 613 Appointment of Co-Trustee...............................62 SECTION 614 Trustee's Application for Instructions from the Company.63 ARTICLE SEVEN HOLDERS' LISTS AND REPORTS BY TRUSTEE AND COMPANY SECTION 701 Disclosure of Names and Addresses of Holders............64 SECTION 702 Reports by Trustee......................................65 SECTION 703 Reports by Company and Subsidiary Guarantors............65 SECTION 704 Calculation of Original Issue Discount..................66 iii 6 ARTICLE EIGHT CONSOLIDATION, MERGER, CONVEYANCE OR TRANSFER
SECTION 611 Appointment of Authenticating Agent. 56 SECTION 612 Conflicting Interests................................................................................58 SECTION 613 Appointment of Co-Trustee............................................................................58 SECTION 614 Trustee's Application for Instructions from the Company..............................................59 ARTICLE SEVEN HOLDERS' LISTS AND REPORTS BY TRUSTEE AND COMPANY SECTION 701 Disclosure of Names and Addresses of Holders.........................................................60 SECTION 702 Reports by Trustee...................................................................................60 SECTION 703 Reports by Company and Subsidiary Guarantors.........................................................61 SECTION 704 Calculation of Original Issue Discount...............................................................61 ARTICLE EIGHT CONSOLIDATION, MERGER, CONVEYANCE OR TRANSFER
SECTION 611 Appointment of Authenticating Agent. At any time when any of the Securities remain Outstanding, the Trustee may appoint an Authenticating Agent or Agents with respect to one or more series of Securities which shall be authorized to act on behalf of the Trustee to authenticate Securities of such series issued upon exchange, registration of transfer or partial redemption or repayment thereof, and Securities so authenticated shall be entitled to the benefits of this Indenture and shall be valid and obligatory for all purposes as if authenticated by the Trustee hereunder. Any such appointment shall be evidenced by an instrument in writing signed by a Responsible Officer of the Trustee, a copy of which instrument shall be promptly furnished to the Company. Wherever reference is made in this Indenture to the authentication and delivery of Securities by the Trustee or the Trustee's certificate of authentication, such reference shall be deemed to include authentication and delivery on behalf of the Trustee by an Authenticating Agent and a certificate of authentication executed on behalf of the Trustee by an Authenticating Agent. Each Authenticating Agent shall be acceptable to
SECTION 611 Appointment of Authenticating Agent. 57 SECTION 612 Conflicting Interests...........................................58 SECTION 613 Appointment of Co-Trustee.......................................58 SECTION 614 Trustee's Application for Instructions from the Company.........59 ARTICLE SEVEN HOLDERS' LISTS AND REPORTS BY TRUSTEE AND COMPANY SECTION 701 Disclosure of Names and Addresses of Holders....................60 SECTION 702 Reports by Trustee..............................................61 SECTION 703 Reports by Company and Subsidiary Guarantors....................61 SECTION 704 Calculation of Original Issue Discount..........................62 ARTICLE EIGHT CONSOLIDATION, MERGER, CONVEYANCE OR TRANSFER SECTION 801 Company May Consolidate, Etc., Only on Certain Terms............62 SECTION 802 Successor Person Substituted....................................62 SECTION 803 Officers' Certificate and Opinion of Counsel....................63 ARTICLE NINE SUPPLEMENTAL INDENTURES SECTION 901 Supplemental Indentures Without Consent of Holders..............63 SECTION 902 Supplemental Indentures with Consent of Holders.................65 SECTION 903 Execution of Supplemental Indentures............................66 SECTION 904 Effect of Supplemental Indentures...............................67 SECTION 905 Conformity with Trust Indenture Act.............................67 SECTION 906 Reference in Securities to Supplemental Indentures..............67 ARTICLE TEN COVENANTS SECTION 1001 Payment of Principal, Premium, if any, and Interest............67 SECTION 1002 Maintenance of Office or Agency................................68
SECTION 611 Appointment of Authenticating Agent. 38 ARTICLE VII. HOLDERS' LISTS AND REPORTS BY TRUSTEE AND COMPANY.............. 40
