Section 1315. Inspection and Acceptance. STATE and its authorized and designated representative shall at all times be allowed access to all parts of the Operations and Areas of Operations of PURCHASER, as STATE may determine to be necessary or desirable to make a complete and detailed inspection of the Operations and PURCHASER’s compliance with all terms and conditions of this Contract. STATE shall be furnished operation progress status or other information and assistance by PURCHASER, or the Authorized Representative(s), as STATE may determine necessary to permit STATE to verify PURCHASER's compliance with all terms and conditions of this Contract. PURCHASER shall notify STATE in writing upon completion of final Operations. STATE will inspect the Operations completed by PURCHASER within twenty (20) business days after receipt of written notification that final Operations are complete. Following inspection, STATE shall notify PURCHASER in writing of STATE’s acceptance of PURCHASER's performance of the Contract or, if PURCHASER’s Operations are not acceptable to STATE, shall advise PURCHASER in writing of the particular defects to be remedied before final acceptance by STATE can be granted.
Section 1315. Hedge Counterparty............................................................................66 Section 1316. Consents and Approvals........................................................................66 Section 1317. Counterparts..................................................................................66 Section 1318. Effect on Prior Indenture.....................................................................67 Table of Contents (continued) Schedule I Maximum Concentrations for Lessees EXHIBIT A - Form of Non-Recourse Release EXHIBIT B - Investment Letter EXHIBIT C - Form of Control Agreement EXHIBIT D - Depreciation Methods by Type of Managed Container EXHIBIT E - Form of Asset Base Certificate EXHIBIT F Interest Rate Hedge Agreement Policy APPENDIX A - Master Index of Defined Terms This Amended and Restated Indenture, dated as of April 12, 2006 (as amended, modified or supplemented from time to time as permitted hereby, this "Indenture"), between TAL ADVANTAGE I LLC, a limited liability company organized under the laws of Delaware (the "Issuer"), and U.S. Bank National Association, a national banking association, as the Indenture Trustee (the "Indenture Trustee"). Each party agrees as follows for the benefit of the other party, the Noteholders, each Series Enhancer, if any, and each Eligible Hedge Counterparty. GRANTING CLAUSE To secure the payment of all Outstanding Obligations and the performance of all of the Issuer's covenants and agreements in this Indenture and all other Transaction Documents, the Issuer hereby grants, assigns, conveys, mortgages, pledges, hypothecates and transfers to the Indenture Trustee, for the benefit of Noteholders, each Series Enhancer, if any, and each Hedge Counterparty, a security interest in and to all of the Issuer's right, title and interest in, to and under the following, whether now existing or hereafter created or acquired: (i) the Managed Containers (including any and all substitutions therefor acquired from time to time) and other Transferred Assets, (ii) the Trust Account, the Restricted Cash Account, the Temporary Loss Account, any Series Account and all amounts and Eligible Investments, Financial Assets, Investment Property, Securities Entitlements and all other instruments, assets or amounts credited to any of the foregoing or otherwise on deposit from time to time in the foregoing, (iii) the Contribution and Sale Agreement, all Hedge Agreements, the Management Agreement and the Intercreditor A...
Section 1315. Rights of Trustee as a Holder of Senior Indebtedness; Preservation of Trustees' Rights........................ 98 SECTION 1316. Article Applicable to Paying Agents...................... 98
Section 1315. Securities to Rank Pari Passu with Existing Subordinated ---- ----- Indebtedness; Payment of Proceeds in Certain Cases ........87 ---------- NOTE: This table of contents shall not, for any purpose, be deemed to be a part of the Indenture. ARTICLE FOURTEEN ---------------- DEFEASANCE AND COVENANT DEFEASANCE
Section 1315. 12 An employee who resigns will give, by written notice to the Superintendent or designee, two (2) weeks 13 notice of resignation. 17 A R T I C L E X I V 18 19 ASSOCIATION MEMBERSHIP AND CHECKOFF
Section 1315. 30 An employee who resigns will give, by written notice to the Superintendent or designee, two (2) weeks’ 31 notice of resignation. 32
Section 1315. No Suspension of Remedies............................ 84 SECTION 1316. Trust Moneys Not Subordinated........................ 84 SECTION 1317. Trustee's Relation to Guarantor Senior Indebtedness.. 85 SECTION 1318. Withholding.......................................... 85
Section 1315. Dealing with the Company and Others................................................................73 Section 1316. Default and Enforcement............................................................................74 Section 1317. Amendment, Etc.....................................................................................74 Section 1318. Acknowledgement....................................................................................74
Section 1315. Satisfaction and Discharge................................ 77 Section 1316. Appointment of Agent for Service.......................... 78 EXHIBIT A -- Form of Capital Unit Certificate CAPITAL UNIT AGREEMENT, dated as of October 18, 1995, by and among MXXXXX SXXXXXX FINANCE PLC, a company duly incorporated and existing under the laws of England and Wales ("MS plc"), MXXXXX SXXXXXX GROUP INC., a Delaware corporation (the "Corporation"), CHEMICAL BANK, a New York banking corporation, acting solely as capital unit agent and book-entry unit depositary (in its capacity as capital unit agent, the "Agent," and, in its capacity as book-entry unit depositary, the "Book-Entry Unit Depositary"), except to the extent that this Agreement specifically states that the Agent and Book-Entry Unit Depositary is acting in another capacity, and Chemical Bank, a New York banking corporation, as trustee under the Indenture described below (in its capacity as trustee under the Indenture, the "Trustee") and the holders from time to time of the Capital Units described herein. RECITALS OF MXXXXX SXXXXXX FINANCE PLC MS plc has duly authorized the issuance of its 8.20% Subordinated Debentures due November 30, 2015 (the "Debentures"), of substantially the tenor hereinafter set forth, in an aggregate principal amount of $150,000,000 (subject to an increase up to a maximum of $172,500,000 pursuant to the Underwriting Agreement described herein) as provided in this Agreement and in that certain Subordinated Indenture, dated as of November 15, 1993, by and among MS plc, the Corporation and the Trustee (as the same may be amended or supplemented from time to time, the "Indenture"), and to provide therefor MS plc has duly authorized the execution and delivery of this Agreement, the Indenture and the Debentures. All acts and things necessary to make the Debentures, when executed by MS plc and authenticated and delivered by the Trustee, as provided in this Agreement and in the Indenture, the valid obligations of MS plc, have been done. RECITALS OF MXXXXX SXXXXXX GROUP INC. The Corporation has duly authorized the Guarantee with respect to payments on the Debentures, as provided for in the Indenture (the "Guarantee") and the issuance of 6,000,000 (subject to an increase up to a maximum of 6,900,000 pursuant to the Underwriting Agreement) of its preferred stock purchase contracts (the "Purchase Contracts"), of substantially the tenor hereinafter set forth, and to provide therefor the Corporation h...
Section 1315. Execution of Guarantee........................................86
