Amendment to Article Three. Article Three of the Indenture is hereby amended and restated to read in its entirety as follows:
Amendment to Article Three. The third paragraph of Section 305 of Article Three of the Indenture is hereby supplemented and amended, solely with respect to that series of Securities which consists of Debentures, to read in its entirety as follows: "Subject to Sections 204 and 207, at the option of the Holder, Securities of any series may be exchanged for other Securities of such series of any authorized denominations, of a like aggregate principal amount and Stated Maturity and of like tenor and terms (including an exchange of Debentures for Exchange Debentures), upon surrender of the Securities to be exchanged at such office or agency. Whenever any Securities are so surrendered for exchange, the Company shall execute, and the Trustee shall authenticate and deliver, the Securities which the Securityholder making the exchange is entitled to receive; provided, that no exchanges of Debentures for Exchange Debentures shall occur until a Registration Statement shall have been declared effective by the Commission (confirmed in an Officers' Certificate delivered to the Trustee) and that any Debentures that are exchanged for Exchange Debentures shall be canceled by the Trustee."
Amendment to Article Three. Article Three of the Indenture is amended by the addition of a new Section 311 as follows: Section 311. Additional Interest Solely for the Benefit of the Holders of the 9.750% Notes due 2004. At any time on or after the date of the Third Supplemental Indenture, the interest rate payable on the 9.750% Notes due 2004 (for purposes of this Section 311, the “Notes”) shall be subject to adjustment from time to time as set forth below if Moody’s downgrades the rating established by such rating agency for the Notes to Bal or below or S&P downgrades the rating established by such rating agency for the Notes to BB+ or below:
Amendment to Article Three. The third paragraph of Section -------------------------- 305 of Article Three of the Indenture is hereby supplemented and amended, solely with respect to the Notes, to read in its entirety as follows: "Subject to Sections 206 and 207, at the option of the Holder, any series of Notes may be exchanged for other Securities of such series of any authorized denominations, of a like aggregate principal amount and Stated Maturity and of like tenor and terms (including an exchange of Notes for Exchange Notes), upon surrender of the Notes to be exchanged at such office or agency. Whenever any Notes are so surrendered for exchange, the Company shall execute, and the Trustee shall authenticate and deliver, the Notes which the noteholder making the exchange is entitled to receive; provided, -------- that no exchanges of Notes for Exchange Notes shall occur until a Registration Statement shall have been declared effective by the Commission (confirmed in an Officers' Certificate delivered to the Trustee) and that any Notes that are exchanged for Exchange Notes shall be canceled by the Trustee."
Amendment to Article Three. (a) Section 3.03 of the Original Indenture is hereby amended by deleting the last sentence of the first paragraph of Section 3.03 and replacing it in its entirety with the following: "On presentation and surrender of such Notes subject to redemption at a Place of Payment and in the manner specified in such notice, such Notes or the specified portions thereof, as the case may be, shall be paid and redeemed by the Company at the applicable redemption price, together with interest accrued thereon to the date fixed for redemption; provided, however, except as otherwise provided in a Note or pursuant to Section 2.01 with respect to the Notes of any series, installments of interest on Notes that are due and payable on any Interest Payment Date falling on or prior to the applicable Redemption Date shall be payable to the holders of those Notes (or one or more Predecessor Notes thereof) registered as such at the close of business on the applicable Regular Record Date according to their terms and the provisions of Section 2.03."
