Supplement to Article Ten of the Original Indenture Sample Clauses

Supplement to Article Ten of the Original Indenture. Article 10 of the Original Indenture is supplemented with respect to the Notes by inserting the following sections at the end thereof:
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Supplement to Article Ten of the Original Indenture. (a) The first sentence of Section 1002 of the Original Indenture is superseded with respect to the Debentures by the following sentence: The Company will maintain in the Borough of Manhattan, The City of New York, an office or agency of the Trustee, Security Registrar, Paying Agent and Conversion Agent where Debentures may be presented or surrendered for payment, where Debentures may be surrendered for registration of transfer, exchange, purchase, redemption or conversion and where notices and demands to or upon the Company in respect of the Debentures and this Indenture may be served.
Supplement to Article Ten of the Original Indenture. (a) Section 1001 of the Original Indenture is supplemented with respect to the Notes by inserting the following three paragraphs at the end thereof: The Company will pay contingent interest in respect of any six-month interest period from May 1 to October 31 or November 1 to April 30 commencing on or after May 1, 2008 for which the Trading Price for each of the five Trading Days immediately preceding the first day of such six-month interest period equals 120% or more of $1,000 per $1,000 Principal Amount of Notes. For any six-month interest period in respect of which contingent interest is payable, the contingent interest payable on each $1,000 Principal Amount of Notes shall equal 0.25% of the average Trading Price per $1,000 Principal Amount of Notes during the five Trading Day measuring period immediately preceding the first day of such six-month interest period. Contingent interest due under this Article Ten shall be treated for all purposes of this Indenture like any other interest accruing on the Notes. By the first Business Day of a six-month interest period in respect of which contingent interest will be paid, the Company shall disseminate a press release through Dow Xxxxx & Company, Inc. or Bloomberg Business News stating that contingent interest will be paid on the Notes and identifying the six-month interest period.
Supplement to Article Ten of the Original Indenture. Article Ten of the Original Indenture is modified (i) by changing the title of Section 1007 of the Original Indenture to "Restrictions on Liens; Mortgage Bonds," (ii) by inserting "Part A" before the first paragraph of such Section 1007, and (iii) by adding a new and additional paragraph to Section 1007 of the Original Indenture to the end of such Section 1007, which additional paragraph shall read in its entirety as follows:

Related to Supplement to Article Ten of the Original Indenture

  • of the Original Indenture Section 4.12 of the Original Indenture is hereby amended to read in its entirety as follows:

  • Amendment to Article V Article V of the Credit Agreement is hereby amended by inserting the following as a new Section 5.21:

  • Amendment to Article VII The provisions of Article VII of the Credit Agreement are hereby amended by addition of the following subsection at the end of Section 7.01:

  • Amendments to Article I The provisions of Article I of the Credit Agreement are hereby amended as follows:

  • Amendment to Article IX Article IX of the Credit Agreement is hereby amended by inserting the following text as a new Section 9.02A to the Credit Agreement:

  • Amendments to Article VI The provisions of Article VI of the Credit Agreement are hereby amended as follows:

  • Amendment to Article I Article I of the Existing Credit Agreement is hereby amended in accordance with Subparts 2.1.1 through 2.1.2.

  • Ratification of Original Indenture The Original Indenture, as supplemented by this Supplemental Indenture, is in all respects ratified and confirmed, and this Supplemental Indenture shall be deemed part of the Original Indenture in the manner and to the extent herein and therein provided. For the avoidance of doubt, each of the Company and each Holder of the Notes, by its acceptance of such Notes, acknowledges and agrees that all of the rights, privileges, protections, immunities and benefits afforded to the Trustee and the Paying Agent under the Original Indenture are deemed to be incorporated herein, and shall be enforceable by the Trustee and the Paying Agent hereunder, as if set forth herein in full. U.S. Bank National Association hereby accepts the trusts in this Supplemental Indenture declared and provided, upon the terms and conditions herein above set forth.

  • Amendments to Article VII Article VII of the Existing Credit Agreement is hereby amended as follows:

  • Base Indenture The Base Indenture has been duly authorized, executed and delivered by the Company and, assuming due authorization, execution and delivery by the Trustee, constitutes a valid and legally binding agreement of the Company, enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, concurso mercantil, or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”); and the Base Indenture has been duly qualified under the Trust Indenture Act.

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