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. TABLE OF CONTENTS(1) PAGE ARTICLE I DEFINITIONS
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. This Grace Period does not apply:
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. 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. (15) If not daily valuations, changes are required in the collateral amounts and valuation percentages
Inapplicable. 2.12 Except for the creation of any lien or grant of any security interest by Keystone as security for its obligations on account of the Existing Revolving Credit Loans and the Shareholder Revolving Credit Loans to be made on the Day of Closing.
Inapplicable. Contracting Officers shall provide Purchaser with forms AD-1047 and AD-1048 upon award. Do not modify existing contracts to include this provision. C8.66# – USE OF TIMBER (Option 1) (4/04).
