Common use of Trust Indenture Act Controls Clause in Contracts

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such duties imposed by such section operation of subsection (c) of Section 318 of the TIA TIA, the imposed duties shall control. If any provision The provisions of this Indenture expressly modifies or excludes any provision Sections 310 to 317, inclusive, of the TIA that may be so modified or impose duties on any Person (including provisions automatically deemed included in an indenture unless the indenture provides that such provisions are excluded) are a part of and govern this Indenture, except as, and to the Indenture provision so modifying or excluding such provision of extent, they are expressly excluded from this Indenture, as permitted by the TIA shall be deemed to applyTIA.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the duties imposed by TIA § 318(c)TIA, such duties imposed by such section of the TIA required provisions shall control. If The provisions of TIA Sections 310 through 317 that impose duties on any provision Person (including the provisions automatically deemed included herein unless expressly excluded by this Indenture) are a part of and govern this Indenture expressly modifies Indenture, whether or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applynot physically contained herein.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § operation of Section 318(c), such duties imposed by such section ) of the TIA TIA, the imposed duties shall control. If any provision The provisions of this Indenture expressly modifies or excludes any provision Sections 310 to 317, inclusive, of the TIA that may be so modified or impose duties on any Person (including provisions automatically deemed included in an indenture unless the indenture provides that such provisions are excluded) are a part of and govern this Indenture, except as, and to the Indenture provision so modifying or excluding such provision of extent, they are, expressly excluded from this Indenture, as permitted by the TIA shall be deemed to applyTIA.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of TIA § (S)(S) 310 to 317, inclusive, through operation of TIA (S) 318(c), such imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by TIA § Section 318(c)) of the TIA, such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excludedexcluded under the TIA, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed on any Person by TIA § 318(c)Sections 310 through 317, such inclusive, of the TIA, the duties imposed by under such section Sections of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the duties imposed TIA, the provision required by TIA § 318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that which may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § operation of Section 318(c), such duties imposed by such section ) of the TIA TIA, the imposed duties shall control. If any provision The provisions of this Indenture expressly modifies or excludes any provision Sections 310 to 317, inclusive, of the TIA that may be so modified or impose duties on any Person (including provisions automatically deemed included in an indenture unless the indenture provides that such provisions are excluded) are a part of and govern this Indenture, except as, and to the Indenture provision so modifying or excluding such provision of extent, they are expressly excluded from this Indenture, as permitted by the TIA shall be deemed to applyTIA.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c)) of the TIA, such the duties imposed by such section Section 318(c) of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such duties imposed by such section operation of subsection (c) of Section 318 of the TIA TIA, the imposed duties shall control. If any provision The provisions of this Indenture expressly modifies or excludes any provision Sections 310 to 317, inclusive, of the TIA that may be so modified or impose duties on any Person (including provisions automatically deemed included in an indenture unless the indenture provides that such provisions are excluded) are a part of and govern this Indenture, except as, and to the Indenture provision so modifying or excluding such provision of extent, expressly excluded from this Indenture, as permitted by the TIA shall be deemed to applyTIA.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the duties imposed TIA, the provision required by TIA § 318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision provisions of the TIA that may be so modified or excluded, the Indenture former provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or to be excluded.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such the imposed duties imposed by such section or provisions of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. The provisions of TIA §§ 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c)the above paragraph, such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of TIA § xx.xx. 310 to 317, inclusive, through operation of TIA ss. 318(c), such imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such duties imposed by such section ) in respect of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision Sections of the TIA that may be so modified or excludedare incorporated by reference in this Indenture pursuant to Section 1.03, the Indenture provision so modifying or excluding such provision of the TIA imposed duties shall be deemed to applycontrol.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such TIA-imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties that would be imposed by, or with another provision (an “incorporated provision”) of the TIA expressly incorporated herein, by TIA § 318(c)reference or otherwise, such duties imposed by such section of or incorporated provision shall control provided that it is understood that TIA Section 316(b) is not incorporated herein to the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applyextent inconsistent with Article 10.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § §318(c), such the imposed duties imposed by such section of the TIA shall will control. If any provision of this Indenture expressly modifies or excludes any Any provision of the TIA that may which is required to be so modified or excludedincluded in a qualified indenture, the Indenture provision so modifying or excluding such provision of the TIA but not expressly included herein, shall be deemed to applybe included by this reference.

Trust Indenture Act Controls. (a) The provisions of TIA Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed to be included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. (b) If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(cSection 10.02(a), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § §318(c), such the imposed duties imposed by such section of the TIA shall will control. If any provision of Whether or not this Indenture expressly modifies or excludes any is qualified under the TIA, whenever this Indenture refers to a provision of the TIA that may be so modified or excludedTIA, the Indenture provision so modifying or excluding such provision of is incorporated by reference in, and made part of, this Indenture, as if this Indenture were qualified under the TIA shall be deemed to applyTIA.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such duties imposed by such section Section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an “incorporated provision”) included in this Indenture by TIA § 318(c)operation of, such duties imposed by such section Sections 310 to 318, inclusive, of the TIA incorporated hereto in accordance with Section 1.03 hereto, such imposed duties or incorporated provision shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such duties imposed by such section a provision of the TIA that is required under such Act to be part of and govern this Indenture, the latter shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or to be excluded, as the case may be.

Trust Indenture Act Controls. The provisions of TIA (S)(S)310 through 317 that impose duties on any person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c)the above paragraph, such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § ss. 318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision provisions of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture letter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If any provision provisions hereof limit, qualify or conflict with any provisions of the Trust Indenture Act of 1939 (the “TIA”) required under the TIA to be a part of or govern this Indenture limitsSupplemental Indenture, qualifies or conflicts with the duties imposed by TIA § 318(c), such duties imposed by such section provisions of the TIA shall control. If any provision of this Indenture expressly hereof modifies or excludes any provision of the TIA that pursuant to the TIA may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA as so modified or excluded hereby shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such duties imposed by such section ) in respect of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision Sections of the TIA that may be so modified or excludedare incorporated by reference in this Indenture pursuant to Section 1.03, the imposed duties shall control upon and after, but not before, the qualification of this Indenture provision so modifying or excluding such provision of under the TIA shall be deemed to applyTIA.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision provisions of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by TIA § 318(c)Sections 310 to 317, inclusive, of the TIA, such imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is expressly required to be included in this Indenture by reference to the duties imposed by TIA § 318(c)TIA, such duties imposed by such section the provision of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any such provision of the TIA that may TIA, the latter provision shall be deemed to apply to this Indenture as so modified or excluded, as the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applycase may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § ss. 318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such duties imposed by such section a provision of the TIA that is required thereunder to be part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or to be excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § (S) 318(c), such the duties imposed by such section of the TIA (S) 318(c) shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such duties imposed by such section ) in respect of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision Sections of the TIA that may be so modified or excludedare incorporated by reference in this Indenture pursuant to Section 1.03, the Indenture provision so modifying or excluding such provision of the TIA imposed duties shall be deemed to applycontrol.

Trust Indenture Act Controls. This Indenture is hereby made subject to the provisions of the TIA. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required or deemed to be included in this Indenture, or is otherwise governed by, any of the duties imposed by TIA § 318(c)provisions of the TIA, such duties imposed by such section the provisions of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of hereof otherwise conflicts with the TIA that may be so modified or excludedTIA, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applycontrol.

Trust Indenture Act Controls. If Except as specified in Section 2.9, the provisions of TIA Sections 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. Except as specified in Section 2.9, if any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c)the above paragraph, such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such duties imposed by such section a provision of the TIA which is required under the TIA to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that which may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or to be excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with another provision which is required to be included in this Indenture by the duties imposed by TIA § 318(c)TIA, such duties imposed by such section of the TIA required provision shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § §318(c), such the imposed duties imposed by such section of will control, provided that the TIA provisions under Sections 314(b) and 314(d) shall control. If any provision only apply following qualification of this Indenture expressly modifies or excludes any provision of pursuant to the TIA that may be so modified or excluded, the Trust Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applyAct.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the duties imposed TIA, the provision required by TIA § 318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of ; provided that, notwithstanding anything herein to the TIA that may be so modified or excludedcontrary, the Indenture provision so modifying or excluding such provision Company will not be required to comply with the provisions of TIA § 314, and the Trustee shall not be required to comply with the provisions of TIA shall be deemed to apply§§ 313(a)(6) and 313(b)(1).

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such TIA-imposed duties imposed by such section of the TIA shall will control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If this Indenture is qualified under the TIA and any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § §318(c), such the imposed duties imposed by such section of will control; provided, however, that the foregoing does not imply (and shall not be interpreted to mean) that this Indenture is or will be qualified under the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of in the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applyfuture.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision provisions of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture letter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an “incorporated provision”) included in this Indenture by TIA § 318(c)operation of, such duties imposed by such section Sections 310 to 318, inclusive, of the TIA incorporated hereto in accordance with Section 1.3 hereto, such imposed duties or incorporated provision shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such duties imposed by such section Section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the this Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § ss. 318(c)) (other than, such duties imposed by such section of the TIA shall control. If prior to any provision qualification of this Indenture expressly modifies or excludes any provision of under the TIA that may be so modified or excludedTIA, the Indenture provision so modifying limitations, qualifications or excluding such provision of conflicts set forth in Sections 9.03, 9.06 and 10.05), the TIA shall be deemed to applyimposed duties will control.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of TIA § Sections 310-317, inclusive, through operation of TIA Section 318(c), such imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such duties imposed or with another provision included in this Indenture by such section operation of Sections 310 to 318, inclusive, of the TIA TIA, the imposed duties shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c)) (other than, such duties imposed by such section of the TIA shall control. If prior to any provision qualification of this Indenture expressly modifies or excludes any provision of under the TIA that may be so modified or excludedTIA, the Indenture provision so modifying limitations, qualifications or excluding such provision of conflicts set forth in Sections 9.03, 9.06 and 10.05), the TIA shall be deemed to applyimposed duties will control.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c)) of the TIA, the imposed duties will control. Except as permitted by Section 3.01, if and to the extent that any provision of the Securities limits, qualifies or conflicts with a provision of this Indenture, such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applycontrol.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by TIA § Section 318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall shall, to the extent permitted by the TIA, be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c)) (other than, such duties imposed by such section of the TIA shall control. If prior to any provision qualification of this Indenture expressly modifies or excludes any provision of under the TIA that may be so modified or excludedTIA, the Indenture provision so modifying limitations, qualifications or excluding such provision of conflicts set forth in Sections 9.03, 9.06 and 10.05), the TIA shall be deemed to applyimposed duties will control.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § (S) 318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Supplemental Indenture limits, qualifies qualifies, or conflicts with the duties imposed by TIA § Section 318(c)) of the TIA, such duties imposed by such section of the TIA shall control. If any provision of this Supplemental Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Supplemental Indenture provision so modifying or excluding such provision of the TIA shall shall, to the extent permitted by the TIA, be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § (S) 318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such duties imposed by such section a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed (i) to applyapply to this Indenture as so modified or (ii) to be excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(css.318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § §318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by operation of TIA § (S) 318(c), such the imposed duties imposed by such section shall control; provided, however, that this Section 13.1 shall not of itself require that this Indenture or the Trustee be qualified under the TIA shall control. If or constitute any provision of admission or acknowledgment by any party hereto that any such qualification is required prior to the time this Indenture expressly modifies or excludes any provision of and the Trustee are required by the TIA that may to be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applyqualified.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision that is deemed to be included in this Indenture by the duties imposed by TIA § 318(c)TIA, such duties imposed by such section of the TIA required provision shall control. If The provisions of TIA Sections 310 through 317 that impose duties on any provision person (including the provisions automatically deemed included herein unless expressly excluded by this Indenture) are a part of and govern this Indenture expressly modifies whether or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applynot physically contained herein.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of TIA § Secs 310 to 317, inclusive, through operation of TIA Sec 318(c), such imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. The provisions of TIA (0)(0) 310 through 317 that impose duties on any person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c)the above paragraph, such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c(S)318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or to be excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision provisions of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by, or with another provision (an "incorporated provision") included in this Indenture by TIA § 318(coperation of, Sections 310 to 318, inclusive (but excluding Section 314(a)(1) of the TIA), such duties imposed by such section of the TIA incorporated hereto in accordance with Section 1.3 hereto, such imposed duties or incorporated provision shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § (S) 318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or to be excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified 51 or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties that would be imposed by, or with another provision (an “incorporated provision”) of the TIA expressly incorporated herein, by TIA § 318(c)reference or otherwise, such duties imposed by such section of or incorporated provision shall control provided that it is understood that TIA Section 316(b) is not incorporated herein to the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applyextent inconsistent with Article Ten.

Trust Indenture Act Controls. The provisions of TIA xx.xx. 310 through 317 that impose duties on any person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c)the above paragraph, such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. The provisions of TIA (S) (S) 310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c)the above paragraph, such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c(S)318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If Upon qualification of this Indenture under the TIA, if any provision of this Indenture limits, qualifies or conflicts with another provision which is required to be included in this Indenture by the duties imposed TIA, the provision required by TIA § 318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA latter provisions shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c'SS'318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § §318(c), such the imposed duties imposed by such section of the TIA will control, and shall control. If any provision of apply to this Indenture expressly modifies as if this Indenture at the time of such application were qualified under the TIA, regardless of whether or excludes any provision of the TIA that may be not then so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applyqualified.

Trust Indenture Act Controls. If any provision of this Indenture hereof limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such duties imposed by such section a provision of the TIA that is required under the TIA to be a part of and govern this Indenture, the latter provision shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed (i) to applyapply to this Indenture as so modified or (ii) to be excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(css.318(c), such TIA-imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by TIA § 318(c)) of the TIA, such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excludedexcluded under the TIA, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c(S)318(c), such the duties imposed by such section of the TIA (S)318(c) shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(css.318(c), such the imposed duties imposed by such section will control (except for duties set forth in 314(b) and 314(d) prior to qualification of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of under the TIA that may be so modified or excludedTIA, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to which should not apply).

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such the imposed duties imposed by such section shall control, except that, notwithstanding any contrary provision of this Indenture, the last paragraph of Section 316(a) of the TIA shall control. If any provision of not apply to this Indenture expressly modifies or excludes any provision of until it is qualified under the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applyTIA.

Trust Indenture Act Controls. If any provision of this This Indenture limits, qualifies or conflicts with is subject to the duties imposed by TIA § 318(c), such duties imposed by such section provisions of the TIA shall controlthat are required to be a part of this Indenture, and shall, to the extent applicable, be governed by such provisions. If any provision of this Indenture expressly modifies or excludes any TIA provision of the TIA that may be so modified or excludedmodified, the Indenture such TIA provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified. If any provision of this Indenture excludes any TIA provision that may be so excluded, such TIA provision shall be excluded from this Indenture.

Trust Indenture Act Controls. If This Indenture is subject to the provisions of the TIA and to the extent that any provision of this Indenture limits, qualifies or conflicts with another provision that is required to be included in this Indenture by the duties imposed by TIA § 318(c)TIA, such duties imposed by such section of the TIA required provision(s) shall control. If any provision The provisions of this Indenture expressly modifies or excludes any provision Sections 310 to and including 317 of the TIA that may be so modified impose duties on any person (including provisions automatically deemed included in this Indenture unless this Indenture provides that such provisions are excluded) are a part of and govern this Indenture, whether or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applynot physically contained herein.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of TIA § 318(c(S)(S) 310 to 317, inclusive, through operation of TIA (S) 318(e), such imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § §318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or to be excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or to be excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA Trust Indenture Act that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or to be excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this ---------------------------- Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture latter provision so modifying or excluding such provision of the TIA shall be deemed to applyapply to this Indenture as so modified or to be excluded, as the case may be.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of TIA § Section 310 to 317, inclusive, through operation of TIA Section 318(c), such imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision that is deemed to be included in this Indenture by the duties imposed by TIA § 318(c)TIA, such duties imposed by such section of the TIA required provision shall control. If The provisions of TIA ss.sx. 000 through 317 that impose duties on any provision person (including the provisions automatically deemed included herein unless expressly excluded by this Indenture) are a part of and govern this Indenture expressly modifies whether or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to applynot physically contained herein.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c), such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies qualifies, or conflicts with the duties imposed by TIA § Section 318(c)) of the TIA, such duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If and to the extent that any provision of this Indenture limits, qualifies or conflicts with the duties imposed by any of Sections 310 to 318, inclusive, of the TIA, or conflicts with any provision (an “incorporated provision”) required by or deemed to be included in this Indenture by operation of such TIA § sections, through operation of Section 318(c)) thereof, such imposed duties imposed by such section of the TIA or incorporated provision shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. The provisions of TIA §§310 through 317 that impose duties on any Person (including the provisions automatically deemed included unless expressly excluded by this Indenture) are a part of and govern this Indenture, whether or not physically contained herein. If any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § 318(c)the above paragraph, such the imposed duties imposed by such section of the TIA shall control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.

Trust Indenture Act Controls. If any provision of this Indenture limits, qualifies or conflicts with another provision that is required or deemed to be included in this Indenture by the TIA, the provision so required or deemed shall control, and if any provision of this Indenture limits, qualifies or conflicts with the duties imposed by TIA § Section 318(c), such the imposed duties imposed by such section of the TIA shall will control. If any provision of this Indenture expressly modifies or excludes any provision of the TIA that may be so modified or excluded, the Indenture provision so modifying or excluding such provision of the TIA shall be deemed to apply.