Common use of Other Miscellaneous Provisions Clause in Contracts

Other Miscellaneous Provisions. Subject to the provisions of the last ------------------------------------- paragraph of Section 10.3, all money and U.S. Government Obligations (including the proceeds thereof) deposited with the Trustee or other qualifying trustee (solely for purposes of this Section 15.5 and Section 15.6, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 15.4 in respect of the Securities of any Defeasible Series and any related coupons shall be held in trust and applied by the Trustee, in accordance with the provisions of the Securities and the related coupons, if any, of such series and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of Securities of such series, of all sums due and to become due thereon in respect of principal and any premium and interest, but money so held in trust need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.1, if, after a deposit referred to in Section 15.4(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 15.4(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 15.4(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium, if any) and interest, if any, on such Security as the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 15.4 or the principal and interest received in respect thereof other than any such tax, fee or other charge that by law is for the account of the Holders of Outstanding Securities. Anything in this Article Fifteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations held by it as provided in Section 15.4 with respect to Securities of any Defeasible Series that, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Defeasance or Covenant Defeasance with respect to the Securities of such series.

Other Miscellaneous Provisions. Subject to the provisions of the last ------------------------------------- paragraph of Section 10.31003, all money and U.S. Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee (solely trustee, collectively for purposes of this Section 15.5 and Section 15.61405, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 15.4 1404 in respect of the any Outstanding Debt Securities of any Defeasible Series series and any related coupons appertaining thereto shall be held in trust and applied by the Trustee, in accordance with the provisions of the such Debt Securities and the related coupons, if any, of such series any coupons appertaining thereto and this Indenture, to the payment, either directly or through any such Paying Agent (including other than the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Debt Securities of such series, and any coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and any premium premium, if any) and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Debt Security pursuant to Section 3.1301, if, after a deposit referred to in Section 15.4(a1404(a) has been made, (a) the Holder of a Debt Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 15.4(a1404(a) has been made in respect of such Debt Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 15.4(a1404(a) has been made, the indebtedness represented by such Debt Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium, if any) ), and interest, if any, on such Debt Security as the same it becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Debt Security into the Currency currency or currency unit in which such Debt Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate on (x) in the case of payments made pursuant to clause (a) above, the applicable market exchange rate for such Currency currency or currency unit in effect on the second Business Day prior to each payment date, except, or (y) with respect to a Conversion Event, the applicable market exchange rate for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 15.4 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge that which by law is for the account of the Holders of such Outstanding SecuritiesDebt Securities and any coupons appertaining thereto. Anything in this Article Fifteen to the contrary notwithstanding, subject to Section 606, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 15.4 with respect to Securities of any Defeasible Series that1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Defeasance a defeasance or Covenant Defeasance covenant defeasance, as applicable, in accordance with respect to the Securities of such seriesthis Article.

Other Miscellaneous Provisions. Subject to the provisions of the last ------------------------------------- paragraph of Section 10.31003, all money and U.S. Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee (solely -- collectively for purposes of this Section 15.5 and Section 15.61405, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 15.4 1404 in respect of the such Outstanding Securities of any Defeasible Series and any related coupons Coupons shall be held in trust and applied by the Trustee, in accordance with the provisions of the such Securities and the any related coupons, if any, of such series Coupons and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities of such series, and any related Coupons of all sums due and to become due thereon in respect of principal (and any premium premium, if any) and interest, but such money so held in trust need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.1301, if, after a deposit referred to in Section 15.4(a1404(1) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 15.4(a1404(1) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 15.4(a1404(1) has been made, the indebtedness represented by such Security and any coupons appertaining thereto related Coupons shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium, if any) , on), and interest, if any, on such Security as the same becomes they become due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the second third Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 15.4 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge that which by law is for the account of the Holders of such Outstanding SecuritiesSecurities and any related Coupons. Anything in this Article Fifteen Fourteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 15.4 with respect to Securities of any Defeasible Series that1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Defeasance defeasance or Covenant Defeasance covenant defeasance, as applicable, in accordance with respect to the Securities of such seriesthis Article.

Other Miscellaneous Provisions. Subject to the provisions of the last ------------------------------------- ------------------------------ paragraph of Section 10.31003, all money and U.S. Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee (solely trustee, collectively for purposes of this Section 15.5 and Section 15.61405, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 15.4 1404 in respect of the any Outstanding Securities of any Defeasible Series series and any related coupons appertaining thereto shall be held in trust and applied by the Trustee, Trustee in accordance with the provisions of the such Securities and the related coupons, if any, of such series any coupons appertaining thereto and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities of such series, and any coupons appertaining thereto of all sums due and to become due thereon in respect of principal (and any premium or Make-Whole Amount, if any) and interestinterest and Additional Amounts, if any, but such money so held in trust need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.1301, if, after a deposit referred to in Section 15.4(a1404(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) 301 or the terms of such Security to receive payment in a Currency currency or currency unit other than that in which the deposit pursuant to Section 15.4(a1404(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of the currency or currency unit in which the deposit pursuant to Section 15.4(a1404(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premiumpremium or Make-Whole Amount, if any) ), and interest, if any, on such Security as the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency currency or currency unit in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate market exchange rate for such Currency currency or currency unit in effect on the second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency currency or currency unit in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 15.4 1404 or the principal and interest received in respect thereof thereof, other than any such tax, fee or other charge that which by law is for the account of, and shall be the responsibility of and paid by, the Holders of such Outstanding SecuritiesSecurities and any coupons appertaining thereto. Anything in this Article Fifteen to the contrary notwithstandingnotwithstanding subject to Section 607, the Trustee shall deliver or pay to the Company from time to time upon the Company Request any money or U.S. Government Obligations (or other property and any proceeds thereon) held by it as provided in Section 15.4 with respect to Securities of any Defeasible Series that1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect an equivalent Defeasance a defeasance or Covenant Defeasance covenant defeasance, as applicable, in accordance with respect to the Securities of such seriesthis Article.

Other Miscellaneous Provisions. Subject to the provisions of the last ------------------------------------- paragraph ------------------------------ of Section 10.31003, all money and U.S. Government Obligations (or other property as may be provided pursuant to Section 301) (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee (solely trustee, collectively for purposes of this Section 15.5 and Section 15.61405, the Trustee and any such other trustee are referred to collectively as the "Trustee") pursuant to Section 15.4 1404 in respect of the any Outstanding Securities of any Defeasible Series and any related coupons series shall be held in trust and applied by the Trustee, in accordance with the provisions of the such Securities and the related coupons, if any, of such series and this Indenture, to the payment, either directly or through any such Paying Agent (including the Company acting as its own Paying Agent) as the Trustee may determine, to the Holders of such Securities of such series, of all sums due and to become due thereon in respect of principal (and any premium premium, if any) and interestinterest and Additional Amounts, if any, but such money so held in trust need not be segregated from other funds except to the extent required by law. Unless otherwise specified with respect to any Security pursuant to Section 3.1, if, after a deposit referred to in Section 15.4(a) has been made, (a) the Holder of a Security in respect of which such deposit was made is entitled to, and does, elect pursuant to Section 3.12(b) or the terms of such Security to receive payment in a Currency other than that in which the deposit pursuant to Section 15.4(a) has been made in respect of such Security, or (b) a Conversion Event occurs as contemplated in Section 3.12(d) or 3.12(e) or by the terms of any Security in respect of which the deposit pursuant to Section 15.4(a) has been made, the indebtedness represented by such Security and any coupons appertaining thereto shall be deemed to have been, and will be, fully discharged and satisfied through the payment of the principal of (and premium, if any) and interest, if any, on such Security as the same becomes due out of the proceeds yielded by converting (from time to time as specified below in the case of any such election) the amount or other property deposited in respect of such Security into the Currency in which such Security becomes payable as a result of such election or Conversion Event based on the applicable Market Exchange Rate for such Currency in effect on the second Business Day prior to each payment date, except, with respect to a Conversion Event, for such Currency in effect (as nearly as feasible) at the time of the Conversion Event. The Company shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 15.4 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge that which by law is for the account of the Holders of such Outstanding Securities. Anything in this Article Fifteen to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon Company Request any money or U.S. Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 15.4 with respect to Securities of any Defeasible Series that1404 which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee, are in excess of the amount thereof that which would then be required to be deposited to effect a defeasance or covenant defeasance, as applicable, in accordance with this Article. * * * * * This Indenture may be executed in any number of counterparts, each of which so executed shall be deemed to be an equivalent Defeasance or Covenant Defeasance with respect to original, but all such counterparts shall together constitute but one and the Securities of such seriessame Indenture.