Common use of SUPPLEMENTAL INDENTURES AND SUCCESSOR COMPANIES Clause in Contracts

SUPPLEMENTAL INDENTURES AND SUCCESSOR COMPANIES. 36 7.1 Provision for Supplemental Indentures for Certain Purposes 36 7.2 Successor Companies 37 ARTICLE 8 CONCERNING THE WARRANT AGENT 38 8.1 Trust Indenture Legislation 38 8.2 Rights and Duties of Warrant Agent 38 8.3 Evidence, Experts and Advisers 39 8.4 Securities, Documents and Monies Held by Warrant Agent 40 8.5 Actions by Warrant Agent to Protect Interests 41 8.6 Warrant Agent not Required to Give Security 41 8.7 Protection of Warrant Agent 41 8.8 Replacement of Warrant Agent 42 8.9 Conflict of Interest 43 8.10 Acceptance of Trusts 43 8.11 Warrant Agent not to be Appointed Receiver 43 8.12 Authorization to Carry on Business 43 ARTICLE 9 GENERAL 44 9.1 Notice to the Company and the Warrant Agent 44 9.2 Notice to the Warrantholders 45 9.3 Discretion of Directors 46 9.4 Satisfaction and Discharge of Indenture 46

SUPPLEMENTAL INDENTURES AND SUCCESSOR COMPANIES. 36 32 7.1 Provision for Supplemental Indentures for Certain Purposes 36 32 7.2 Successor Companies 37 33 ARTICLE 8 CONCERNING THE WARRANT AGENT 38 33 8.1 Trust Indenture Applicable Legislation 38 33 8.2 Rights and Duties of Warrant Agent 38 33 8.3 Evidence, Experts and Advisers 39 34 8.4 Securities, Documents and Monies Held by Warrant Agent 40 35 8.5 Actions by Warrant Agent to Protect Interests 41 35 8.6 Warrant Agent not Required to Give Security 41 36 8.7 Protection of Warrant Agent 41 36 8.8 Replacement of Warrant Agent 42 36 8.9 Conflict of Interest 43 37 8.10 Acceptance of Trusts 43 Rights, Duties and Obligations 38 8.11 Warrant Agent not to be Appointed Receiver 43 38 8.12 Authorization to Carry on Business 43 38 8.13 Third Party Interests 38 8.14 Not Bound to Act 38 ARTICLE 9 GENERAL 44 39 9.1 Notice to the Company and the Warrant Agent 44 39 9.2 Notice to the Warrantholders 45 40 9.3 Discretion of Directors 46 40 9.4 Satisfaction and Discharge of Indenture 4640

SUPPLEMENTAL INDENTURES AND SUCCESSOR COMPANIES. 36 38 7.1 Provision for Supplemental Indentures for Certain Purposes 36 38 7.2 Successor Companies 37 39 ARTICLE 8 CONCERNING THE WARRANT AGENT 38 39 8.1 Trust Indenture Legislation 38 39 8.2 Rights and Duties of Warrant Agent 38 39 8.3 Evidence, Experts and Advisers 39 40 TABLE OF CONTENTS (continued) Page 8.4 Securities, Documents and Monies Held by Warrant Agent 40 41 8.5 Actions by Warrant Agent to Protect Interests 41 42 8.6 Warrant Agent not Required to Give Security 41 42 8.7 Protection of Warrant Agent 41 42 8.8 Replacement of Warrant Agent 42 43 8.9 Conflict of Interest 43 8.10 Acceptance of Trusts 43 8.11 Duties and Obligations 44 8.10 Warrant Agent not to be Appointed Receiver 43 8.12 44 8.11 Authorization to Carry on Business 43 44 8.12 Securities and Exchange Commission Certification 45 ARTICLE 9 GENERAL 44 9.1 Notice to the Company and the Warrant Agent 44 9.2 Notice to the Warrantholders 45 9.3 Discretion of Directors 46 9.4 Satisfaction and Discharge of Indenture 4645