Inapplicable. 1 This Cross-Reference Table does not constitute part of the Indenture and shall not have any bearing on the interpretation of any of its terms or provisions. INDENTURE, dated as of March 15, 2004, between American Equity Investment Life Holding Company, an Iowa corporation (the "Company"), and U.S. Bank National Association, a nationally chartered banking association, as trustee (the "Trustee"):
Inapplicable. In the event the Company properly relies on the exception to the obligation to continue to maintain directors' and officers' insurance set forth in this Section 3.3, the Company shall purchase, prior to the deadline therefor, the maximum “option extension period,” “discovery period” or similar benefit available under the last directors' and officers' insurance policy in effect, providing to Indemnitee continuing coverage following policy expiration for a premium which is fixed by the terms of such last policy in effect; or, if such coverage may be purchased only by Indemnitee, the Company shall pay directly for, or reimburse Indemnitee for the cost of, Indemnitee's purchase of such coverage.
Inapplicable. Notwithstanding any provision in this Agreement to the contrary, there shall be no limitation on the aggregate amount for which a Claimant may be indemnified pursuant to this Article XII (i) in the event of fraud by the Indemnifying Party in connection with the matter for which indemnification is sought (a "Fraud Claim"), (ii) for any claim whatsoever relating in any way to or arising out of the Merger Lawsuits (a "Merger Claim"), (iii) for any claim arising out of a breach of the representations set forth in the first two sentences of Section 2.02, clause (a) of the fourth sentence in Section 2.02 or Section 2.03 or Section 2.09, (iv) for any claim relating to any casino or enterprise directly or indirectly owned or operated by HGHC other than the riverboat operated by Joliet, including without limitation the employee claims listed on Schedule 2.10 as items numbered 1 and 3 and items 1 and 4 of Exhibit C thereto (a "Non-Joliet Claim") or (v) for any claim arising out of a breach of Section 13.16 (a "13.16 Claim"). In addition, the Basket and the Cap shall not apply to a Fraud Claim, a Broker Claim, a Merger Claim, a Non-Joliet Claim or a 13.16 Claim and none of such claims shall be included in determining whether the aggregate Indemnity Losses equal or exceed the Basket and shall not count against the Cap.
Inapplicable. The Cross Reference Sheet is not part of the Indenture. TABLE OF CONTENTS PAGE ---- ARTICLE I. DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION
Inapplicable. The Borrower shall take out insurance with the insurance company agreed by the Lender for the equipments, project construction and goods transportation relating to the project or trade hereunder and the risks during the project operation period. The insurances taken out shall conform to the requirements of the Lender, and the insured amount shall be no lower than the principal of the loan. Before all the principal, interest and fees hereunder have been paid off, the Borrower shall not interrupt the insurance for any reason. In case the Borrower interrupts the insurance, the Lender shall be entitled to renew the insurance or take the place to buy the insurance, with all expenses born by the Borrower. The Borrower shall assume liability for compensating the losses suffered by the Lender due to interruption of insurance. The Borrower shall, within three (3) days after knowing or should have known the occurrence of insurance accidents, notify the Lender in written form, and claim for compensation in a timely manner according to the provisions of insurance policy. In case of delayed notification, RMB Loan Contract (Medium/Long Term) delayed claiming for compensation or failure to fulfill the obligation under insurance policy, the losses suffered by the Lender arising therefrom shall be born by the Borrower. Unless otherwise agreed by the Parties, the insurance indemnity shall be firstly used for repayment for the principal and interest of the loan and other payables.