the Original Indenture Sample Clauses

the Original Indenture. Notwithstanding anything to the contrary above, the Corporation may enter into a written agreement with any person who is or is to become the holder of any of the Series X Debentures providing for the making of all payments on the account of such Series X Debentures directly to or for the account of such holder in the manner specified in or pursuant to such agreement without presentation or surrender thereof if there shall be filed with the Trustee a copy of such agreement. Notwithstanding any contrary provision hereof or of the Debentures or the Original Indenture, the Trustee shall act in accordance with any such agreement so filed with it.
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the Original Indenture. The Debentures are redeemable at the option of the Company, in whole or in part at any time or from time to time on or after April 19, 2005, on the terms set forth in Section 207(a) of the Third Supplemental Indenture. The Debentures are subject to purchase by the Company, at the option of the Holder thereof, on the terms set forth in Section 208 of the Third Supplemental Indenture. The Debentures are exchangeable at the option of the Holders thereof, on the terms set forth in Section 209 of the Third Supplemental Indenture. In accordance with the Third Supplemental Indenture, Special Cash Payments and Cash Reorganization Event Distributions may be made on the Debentures. If an Event of Default (as defined in the Indenture, including the amendments thereto in the Third Supplemental Indenture) with respect to the Debentures shall occur and be continuing, the principal of the Debentures may be declared due and payable in the manner and with the effect provided in the Indenture. The Original Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series issued under the Indenture at any time by the Company and the Trustee with the consent of the Holders of not less than a majority in aggregate Original Principal Amount at Stated Maturity of the Securities at the time Outstanding of each series affected thereby. The Original Indenture also contains provisions permitting the Holders of specified percentages in aggregate Original Principal Amount at Stated Maturity of the Securities of any series at the time Outstanding, on behalf of the Holders of all Securities of such series, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the Holder of this Debenture shall be conclusive and binding upon such Holder and upon all future Holders of this Debenture and of any Debentures issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Debenture or such Debentures. No reference herein to the Indenture and no provision of this Debenture or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the Adjusted Principal Amount and interest on thi...
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the Original Indenture and the First Supplemental Indenture are in all respects ratified and confirmed, and the Original Indenture and this Second Supplemental Indenture shall be read, taken and construed as one and the same instrument; provided that, in case of conflict between this Second Supplemental Indenture and the Original Indenture, this Second Supplemental Indenture shall control.
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the Original Indenture. Section 3.2. Article XII of the Original Indenture is and shall be applicable to any redemption of bonds of the 2012 Series. The notice of intention to redeem provided for in Section 12.02 of the Original Indenture need not be published with respect to bonds of the 2012 Series but shall be given by mailing a copy thereof to each registered owner thereof, directed to his registered address, not less than thirty nor more than ninety days prior to the date fixed for redemption. ARTICLE IV
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the Original Indenture. The text of Section 1014 of the Original Indenture is hereby amended to read in its entirety as follows: "The Company will not (i) sell, pledge, hypothecate or otherwise convey or dispose of any Capital Stock of a Subsidiary or (ii) permit a Subsidiary to issue or sell any Capital Stock or other equity interest to any person (other than to the Company or to a Wholly-Owned Subsidiary of the Company); provided that the foregoing restrictions shall not apply (w) to any such sale, disposition or issuance which does not exceed $5,000,000 in fair market value (as determined in good faith by the Company), (x) to the issuance and sale of nonvoting, nonconvertible preferred stock of any Subsidiary, provided that the aggregate liquidation or stated value of all such nonvoting, nonconvertible preferred stock does not exceed 5% of the Consolidated Net Tangible Assets of the Company, (y) to the issuance or sale of qualifying shares to a director, and (z) to the issuance and sale of preferred securities by a business trust or other entity that qualifies as a Subsidiary for purposes of Section 101 hereof, to the extent that the proceeds of the sale of such preferred securities (less related expenses of the offering) are used to purchase junior subordinated deferred interest securities of the Company or a Subsidiary thereof that qualify as Tier 1 capital for bank holding companies."
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Related to the Original Indenture

  • of the Original Indenture Section 4.12 of the Original Indenture is hereby amended to read in its entirety as follows:

  • Original Indenture The Trust Indenture and Security Agreement (Federal Express Corporation Trust No. N679FE), dated as of June 15, 1998, between the Owner Trustee and the Indenture Trustee originally executed and delivered on the Certificate Closing Date.

  • Ratification of Original Indenture The Original Indenture, as supplemented by this Supplemental Indenture, is in all respects ratified and confirmed, and this Supplemental Indenture shall be deemed part of the Original Indenture in the manner and to the extent herein and therein provided. For the avoidance of doubt, each of the Company and each Holder of the Notes, by its acceptance of such Notes, acknowledges and agrees that all of the rights, privileges, protections, immunities and benefits afforded to the Trustee and the Paying Agent under the Original Indenture are deemed to be incorporated herein, and shall be enforceable by the Trustee and the Paying Agent hereunder, as if set forth herein in full. U.S. Bank National Association hereby accepts the trusts in this Supplemental Indenture declared and provided, upon the terms and conditions herein above set forth.

  • Base Indenture The Base Indenture has been duly authorized, executed and delivered by the Company and, assuming due authorization, execution and delivery by the Trustee, constitutes a valid and legally binding agreement of the Company, enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, concurso mercantil, or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”); and the Base Indenture has been duly qualified under the Trust Indenture Act.

  • Benefits of First Supplemental Indenture Nothing in this First Supplemental Indenture or in the Notes, express or implied, shall give to any Person, other than the parties hereto, any benefit or any legal or equitable right, remedy or claim under this First Supplemental Indenture.

  • Ratification of Indenture; Supplemental Indentures Part of Indenture Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every holder of Securities heretofore or hereafter authenticated and delivered shall be bound hereby.

  • Ratification of Indenture; Supplemental Indenture Part of Indenture Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder of Notes heretofore or hereafter authenticated and delivered shall be bound hereby.

  • Acceptance of Terms of Trust Agreement, Guarantee and Indenture THE RECEIPT AND ACCEPTANCE OF A TRUST SECURITY OR ANY INTEREST THEREIN BY OR ON BEHALF OF A SECURITYHOLDER OR ANY BENEFICIAL OWNER, WITHOUT ANY SIGNATURE OR FURTHER MANIFESTATION OF ASSENT, SHALL CONSTITUTE THE UNCONDITIONAL ACCEPTANCE BY THE SECURITYHOLDER AND ALL OTHERS HAVING A BENEFICIAL INTEREST IN SUCH TRUST SECURITY OF ALL THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT AND AGREEMENT TO THE SUBORDINATION PROVISIONS AND OTHER TERMS OF THE GUARANTEE AND THE INDENTURE, AND SHALL CONSTITUTE THE AGREEMENT OF THE TRUST, SUCH SECURITYHOLDER AND SUCH OTHERS THAT THE TERMS AND PROVISIONS OF THIS TRUST AGREEMENT SHALL BE BINDING, OPERATIVE AND EFFECTIVE AS BETWEEN THE TRUST AND SUCH SECURITYHOLDER AND SUCH OTHERS.

  • Ratification and Incorporation of Original Indenture As supplemented hereby, the Original Indenture is in all respects ratified and confirmed, and the Original Indenture and this Supplemental Indenture shall be read, taken and construed as one and the same instrument.

  • RATIFICATION OF INDENTURE; SUPPLEMENTAL INDENTURE FOR ADDITIONAL GUARANTEES PART OF INDENTURE Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture for Additional Guarantees shall form a part of the Indenture for all purposes, and every Holder of Notes heretofore or hereafter authenticated and delivered shall by bound hereby.

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