Common use of Collection of Indebtedness and Suits for Enforcement Clause in Contracts

Collection of Indebtedness and Suits for Enforcement. by Trustee. ---------- The Company covenants that if an Event of Default in payment of principal, premium or interest specified in clause (i) or (ii) of Section 6.1 hereof occurs and is continuing, the Company shall, upon demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal, premium (if any), and interest (and Liquidated Damages, if any), and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any), and on any overdue interest (and Liquidated Damages, if any), at the rate borne by the Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including compensation to, and expenses, disbursements and advances of the Trustee and its agents and counsel and all other amounts due the Trustee under Section 7.7. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust in favor of the Holders, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon the Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securities, wherever situated. If an Event of Default occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders by such appropriate judicial proceedings as the Trustee shall deem most effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture or in aid of the exercise of any power granted herein, or to enforce any other proper remedy.

Collection of Indebtedness and Suits for Enforcement. by Trustee. ---------- The Company covenants that if an Event of Default in payment of principal, premium principal or interest specified in clause (i1) or (ii2) of Section 6.1 hereof Paragraph 14(a) occurs and is continuing, the Company shall, upon demand of the TrusteeHolder, subject to the Common Stock Payment Conditions and at Holder's option, pay to itit Cash or deliver to it Common Stock, for the benefit of the Holders of such Securities, in an amount equal to the whole amount then due and payable on such Securities this Note for principal, premium (if any), and interest (and Liquidated Damages, if any), and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any), and on any overdue interest (and Liquidated Damages, if any)interest, at the rate borne by the Securitiesthis Note, and, in addition thereto, such further amount as shall be sufficient to cover the reasonable costs and expenses of collection, including compensation tothe reasonable fees of counsel. In the event that Holder elects to receive payment of accelerated amounts then owing to it in Common Stock, and expensesthe Holder shall provide 30 days prior written notice of such election to the Company. In such event, disbursements and advances the current market price per share of the Trustee and its agents and counsel and all other amounts due Common Stock shall be computed on the Trustee under Section 7.7basis of the average of the Last Sale Prices for the preceding 30 Trading Days ending on the last Trading Day prior to the delivery of such Common Stock to the Holder. If on any such Trading Day the Common Stock is not quoted by any organization referred to in the definition of Last Sale Price, the fair market value of the Common Stock on such day, as reasonably determined by the Board of Directors of the Company, shall be used. If the Company fails to pay such amounts forthwith upon such demanddemand as required hereby, the Trustee, in its own name and as trustee of an express trust in favor of the Holders, Holder may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon the Securities this Note and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the Securitiesthis Note, wherever situated. If an Event of Default occurs and is continuing, the Trustee Holder may in its discretion proceed to protect and enforce its rights and the rights of the Holders by such appropriate judicial proceedings as the Trustee Holder shall deem most effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Indenture Note or in aid of the exercise of any power granted herein, or to enforce any other proper remedy. In addition to all other amounts due hereunder, Holder shall be entitled to recover reasonable costs and expenses incurred in connection with the administration, workout or enforcement of this Note, including without limitation, reasonable attorneys' fees and expenses.

Collection of Indebtedness and Suits for Enforcement. by Trustee. ---------- The Company covenants that if an Event of Default (a) default is made in the payment of principalany interest on any Security when such interest becomes due and payable and such default continues for a period of 30 days, premium or interest specified in clause (i) or (iib) default is made in the payment of Section 6.1 hereof occurs and is continuingthe principal of (or premium, if any, on) any Security at the Maturity thereof, then the Company shallwill, upon written demand of the Trustee, pay to it, for the benefit of the Holders of such Securities, the whole amount then due and payable on such Securities for principal, premium (if any), and interest principal (and Liquidated Damagespremium, if any)) and interest, if any, and, to the extent that payment of such interest shall be legally enforceable, interest on any overdue principal (and premium, if any), ) and on any overdue interest (and Liquidated Damages, if any)interest, at the rate borne by the or rates prescribed therefor in such Securities, and, in addition thereto, such further amount as shall be sufficient to cover the costs and expenses of collection, including compensation tothe reasonable compensation, and expenses, disbursements and advances of the Trustee and Trustee, its agents and counsel and all other amounts due the Trustee under Section 7.7counsel. If the Company fails to pay such amounts forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust in favor of the Holderstrust, may institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Company or any other obligor upon the such Securities and collect the moneys adjudged or decreed to be payable in the manner provided by law out of the property of the Company or any other obligor upon the such Securities, wherever situated. If an any Event of Default with respect to Securities of any series occurs and is continuing, the Trustee may in its discretion proceed to protect and enforce its rights and the rights of the Holders of Securities of such series by such appropriate judicial proceedings as the Trustee shall deem most effective effectual to protect and enforce any such rights, whether for the specific enforcement . The Trustee shall not be required to take notice or be deemed to have notice of any covenant Event of Default other than pursuant to paragraphs (a), (b) or agreement in (c) of Section 501 of this Indenture or in aid Indenture, unless a Responsible Officer of the exercise Trustee shall be specifically notified in writing of any power granted hereinsuch default by the Company, or to enforce any other proper remedyby the Holders of a majority in aggregate principal amount of Outstanding Securities.