DEFINITIONS AND INCORPORATION. BY REFERENCE
DEFINITIONS AND INCORPORATION. BY REFERENCE Section 1.01 Definitions 1 Section 1.02 Other Definitions 24 Section 1.03 Incorporation by Reference of Trust Indenture Act 24 Section 1.04 Rules of Construction 24 ARTICLE 2. THE NOTES Section 2.01 Form and Dating 25 Section 2.02 Execution and Authentication 26 Section 2.03 Registrar and Paying Agent 27 Section 2.04 Paying Agent to Hold Money in Trust 27 Section 2.05 Holder Lists 27 Section 2.06 Transfer and Exchange 27 Section 2.07 Replacement Notes 39 Section 2.08 Outstanding Notes 40 Section 2.09 Treasury Notes 40 Section 2.10 Temporary Notes 40 Section 2.11 Cancellation 40 Section 2.12 Defaulted Interest 41 ARTICLE 3. REDEMPTION AND PREPAYMENT Section 3.01 Notices to Trustee 41 Section 3.02 Selection of Notes to Be Redeemed or Purchased 41 Section 3.03 Notice of Redemption 42 Section 3.04 Effect of Notice of Redemption 42 Section 3.05 Deposit of Redemption or Purchase Price 43 Section 3.06 Notes Redeemed or Purchased in Part 43 Section 3.07 Optional Redemption 43 Section 3.08 Mandatory Redemption 44 Section 3.09 Offer to Purchase by Application of Excess Proceeds 44 ARTICLE 4.
DEFINITIONS AND INCORPORATION. Unless otherwise defined herein or the context otherwise requires, the capitalized terms used in this Agreement shall have the meanings given to such terms in the Plan. The terms, conditions and limitations set forth in the Plan are hereby incorporated in and made a part of this Agreement as if fully set forth herein. The Optionee hereby acknowledges that he or she has received a copy of the Plan.
DEFINITIONS AND INCORPORATION. BY REFERENCE Section 1.01 Definitions 1 Section 1.02 Other Definitions 32 Section 1.03 Incorporation by Reference of Trust Indenture Act 33 Section 1.04 Rules of Construction 33 ARTICLE 2 THE NOTES Section 2.01 Form and Dating 34 Section 2.02 Execution and Authentication 34 Section 2.03 Registrar and Paying Agent 35 Section 2.04 Paying Agent to Hold Money in Trust 35 Section 2.05 Holder Lists 35 Section 2.06 Transfer and Exchange 36 Section 2.07 Replacement Notes 47 Section 2.08 Outstanding Notes 48 Section 2.09 Treasury Notes 48 Section 2.10 Temporary Notes 48 Section 2.11 Cancellation 49 Section 2.12 Defaulted Interest 49 Section 2.13 Issuance of Additional Notes 49 Section 2.14 Record Date 49 ARTICLE 3 REDEMPTION AND PREPAYMENT Section 3.01 Notices to Trustee 50 Section 3.02 Selection of Notes to Be Redeemed or Purchased 50 Section 3.03 Notice of Redemption 50 Section 3.04 Effect of Notice of Redemption 51 Section 3.05 Deposit of Redemption or Purchase Price 51 Section 3.06 Notes Redeemed or Purchased in Part 52 Section 3.07 Optional Redemption 52 Section 3.08 Mandatory Redemption 53 Section 3.09 Offer to Purchase by Application of Excess Proceeds 53 ARTICLE 4 COVENANTS Section 4.01 Payment of Notes 55 Section 4.02 Maintenance of Office or Agency 55 Section 4.03 Reports 55 Section 4.04 Compliance Certificate 57 Section 4.05 Taxes 57 Section 4.06 Stay, Extension and Usury Laws 57 Section 4.07 Restricted Payments 58 Section 4.08 Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries 61 Page Section 4.09 Incurrence of Indebtedness and Issuance of Preferred Stock 63 Section 4.10 Asset Sales 67 Section 4.11 Transactions with Affiliates 69 Section 4.12 Liens 70 Section 4.13 Business Activities 71 Section 4.14 Corporate Existence 71 Section 4.15 Offer to Repurchase Upon Change of Control 71 Section 4.16 Limitation on Sale and Leaseback Transactions 73 Section 4.17 Payments for Consent 73 Section 4.18 Additional Note Guarantees 73 Section 4.19 Designation of Restricted and Unrestricted Subsidiaries 74 ARTICLE 5
DEFINITIONS AND INCORPORATION by Reference ------------------------------------------
DEFINITIONS AND INCORPORATION. The terms used in this Agreement shall have the meanings given to such terms in the Plan. The Plan is hereby incorporated in and made a part of this Agreement as if fully set forth herein. The Optionee hereby acknowledges that he or she has received a copy of the Plan.
DEFINITIONS AND INCORPORATION. The terms used in this Agreement shall have the meanings given to such terms in the Plan. The Plan is hereby incorporated in and made an integral part of this Agreement as if fully set forth herein. In the event of any inconsistency between any provision of the Plan and any provision of this Agreement, the provision of the Plan shall prevail unless the Agreement states that it is intended to differ from the Plan as authorized thereby with respect to a specific issue. The Participant hereby acknowledges that he or she has received a copy of the Plan and agrees to comply with the terms and conditions of the Plan and this Agreement.
DEFINITIONS AND INCORPORATION. BY REFERENCE Section 1.01 Definitions 1 Section 1.02 Other Definitions 14 Section 1.03 Incorporation By Reference of Trust Indenture Act 15 Section 1.04 Rules of Construction 15 Article 2 THE NOTES Section 2.01 Form and Dating; Terms 16 Section 2.02 Execution and Authentication 18 Section 2.03 Registrar, Paying Agent and Depositary 19 Section 2.04 Paying Agent to Hold Money in Trust 19 Section 2.05 Holder Lists 20 Section 2.06 Transfer and Exchange 20 Section 2.07 Replacement Notes 24 Section 2.08 Outstanding Notes 24 Section 2.09 Treasury Notes 24 Section 2.10 Temporary Notes 25 Section 2.11 Cancellation 25 Section 2.12 Defaulted Interest 25 Section 2.13 Deposit of Moneys 26 Section 2.14 CUSIP Numbers 26 Section 2.15 Agreement to Subordinate the Notes. 26
DEFINITIONS AND INCORPORATION. BY REFERENCE Section 1.01 Definitions 1 Section 1.02 Other Definitions 29 Section 1.03 Incorporation by Reference of Trust Indenture Act 29 Section 1.04 Rules of Construction 29 ARTICLE 2 THE NOTES Section 2.01 Form and Dating 30 Section 2.02 Execution and Authentication 31 Section 2.03 Registrar and Paying Agent 31 Section 2.04 Paying Agent to Hold Money in Trust 31 Section 2.05 Holder Lists 32 Section 2.06 Transfer and Exchange 32 Section 2.07 Replacement Notes 42 Section 2.08 Outstanding Notes 42 Section 2.09 Treasury Notes 43 Section 2.10 Temporary Notes 43 Section 2.11 Cancellation 43 Section 2.12 Defaulted Interest 43 Section 2.13 Issuance of Additional Notes 43 ARTICLE 3
DEFINITIONS AND INCORPORATION. Unless otherwise defined, all terms used herein shall have the meaning ascribed to them in the Agreement, and the terms and provisions of the Agreement are incorporated herein by reference as though set forth in full.