Common use of Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions Clause in Contracts

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1305, the “Qualifying Trustee”) pursuant to Section 13.4 in respect of the Outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.4 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Notes. Anything in this Article XIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon an Issuer’s Request any money or Government Obligations held by it as provided in Section 13.4 which, in the opinion of a nationally-recognized firm of independent public accountants, expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtedness.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1305, the “Qualifying Trustee”) pursuant to Section 13.4 1304 in respect of the Outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.4 1304 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Notes. Anything in this Article XIII Thirteen to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon an Issuer’s Company Request any money or Government Obligations held by it as provided in Section 13.4 1304 which, in the opinion of a nationally-recognized firm of independent public accountants, expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other IndebtednessThirteen.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1305, the “Qualifying Trustee”) pursuant to Section 13.4 1304 in respect of the Outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as its their own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.4 1304 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Notes. Anything in this Article XIII Thirteen to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon an Issuer’s Issuers' Request any money or Government Obligations held by it as provided in Section 13.4 1304 which, in the opinion of a nationally-recognized firm of independent public accountants, expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other IndebtednessThirteen.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to Section 8.6 hereof, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.5, the “Qualifying Trustee”) pursuant to Section 13.4 8.4 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumAdditional Interest, if any) , and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Obligations deposited pursuant to Section 13.4 8.4 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding outstanding Notes. Anything Notwithstanding anything in this Article XIII VIII to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon an Issuer’s Request the request of the Issuer any money or Government Obligations held by it as provided in Section 13.4 8.4 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants, expressed accountants ex-pressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.4(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtedness.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to the provisions of the last paragraph of Section 1003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, trustee collectively for purposes of this Section 1305, the “Qualifying Trustee”) pursuant to Section 13.4 1304 in respect of the Outstanding Notes Securities of a particular series shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.4 1304 or the principal and interest received in respect thereof thereof, other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding NotesSecurities of such series. Anything in this Article XIII Thirteen to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon an Issuer’s Company Request any money or Government Obligations held by it as provided in Section 13.4 1304 which, in the opinion of a nationally-nationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which would then be required to be deposited for the purpose for which such money or Government Obligations were deposited. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to effect be an equivalent Legal Defeasance or Covenant Defeasanceoriginal, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if but all such counterparts shall together constitute but one and the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtednesssame instrument.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to Section 8.06 hereof, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 13.4 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through Exhibit 4.79 any Paying Agent (including the Issuer Issuer, Holdings or a Note Guarantor acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and premiumprincipal, if any) premium and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Obligations deposited pursuant to Section 13.4 8.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding outstanding Notes. Anything in this Article XIII 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon an Issuer’s Request the request of the Issuer any money or Government Obligations held by it as provided in Section 13.4 8.04 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(1) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtedness.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to Section 8.6 hereof, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.5, the “Qualifying Trustee”) pursuant to Section 13.4 8.4 hereof in respect of the Outstanding outstanding Notes shall will be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (principal, premium and premiumAdditional Interest, if any) , and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer shall will pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or Government Obligations deposited pursuant to Section 13.4 8.4 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding outstanding Notes. Anything Notwithstanding anything in this Article XIII VIII to the contrary notwithstandingcontrary, the Qualifying Trustee shall will deliver or pay to the Issuer from time to time upon an Issuer’s Request the request of the Issuer any money or Government Obligations held by it as provided in Section 13.4 8.4 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.4(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtedness.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 1305, the “Qualifying Trustee”) pursuant to Section 13.4 1304 in respect of the Outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as its their own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.4 1304 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Notes. Anything in this Article XIII Thirteen to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon an Issuer’s Issuers' Request any money or Government Obligations held by it as provided in Section 13.4 1304 which, in the opinion of a nationally-recognized firm of independent public accountants, expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other IndebtednessThirteen.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to the provisions of the last paragraph of Section 1003, all euros and German Government Euro Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trusteetrustee (collectively, collectively for purposes of this Section 13051205, the “Qualifying Trustee”"TRUSTEE") pursuant to Section 13.4 1204 in respect of the Outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Notes, of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the euros and the German Government Euro Obligations deposited with the Trustee pursuant to Section 13.4 1204 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Notes. Anything in this Article XIII Twelve to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon an Issuer’s Company Request any money euros or German Government Euro Obligations held by it as provided in Section 13.4 1204 which, in the opinion of a nationally-nationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtednessdefeasance.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to Section 8.06 hereof, all money and U.S. Government Obligations Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 13.4 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Issuers acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer Issuers shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or U.S. Government Obligations Securities deposited pursuant to Section 13.4 8.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding outstanding Notes. Anything Notwithstanding anything in this Article XIII 8 to the contrary notwithstandingcontrary, the Qualifying Trustee shall deliver or pay to the Issuer Issuers from time to time upon an Issuer’s Request the request of the Issuers any money or U.S. Government Obligations Securities held by it as provided in Section 13.4 8.04 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(g) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtedness.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to the provisions of the last two paragraphs of Section 10.03, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trusteetrustee -- collectively, collectively for purposes of this Section 1305Section, the “Qualifying "Trustee”") pursuant to Section 13.4 13.04 in respect of the Outstanding Notes of such series shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (but not including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Notes, of all sums due and to become due thereon in respect of principal (and premiuminterest and Additional Amounts, if any) and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.4 13.04 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding NotesNotes of such series. Anything in this Article XIII Thirteen to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon an Issuer’s Company Request any money or Government Obligations held by it as provided in Section 13.4 13.04 which, in the opinion of a nationally-nationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtednessdefeasance.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to Section 8.06 hereof, all money and non-callable Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying Trustee”) pursuant to Section 13.4 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and Accreted Value, premium, if any) , and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Obligations deposited pursuant to Section 13.4 8.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding outstanding Notes. Anything in this Article XIII 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon an Issuer’s Request the request of the Company any money or non-callable Government Obligations held by it as provided in Section 13.4 8.04 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtedness.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to the provisions of Section 10.03, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trusteeTrustee--collectively, collectively for purposes of this Section 130513.05, the “Qualifying "Trustee”") pursuant to Section 13.4 13.04 in respect of the Outstanding Notes Securities of such series shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any a Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities, of all sums due and to become due thereon in respect of principal (and premium, if any) any premium and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.4 13.04 or the principal and any premium and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding NotesSecurities of such series. Anything in this Article XIII to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon an Issuer’s Company Request any money or Government Obligations held by it as provided in Section 13.4 13.04 which, in the opinion of a nationally-nationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtednessdefeasance.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to the provisions of the last paragraph of Section 1003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13051405, the “Qualifying "Trustee”") pursuant to Section 13.4 1404 in respect of the such Outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.4 1404 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the such Outstanding Notes. Anything in this Article XIII Fourteen to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon an Issuer’s Company Request any money or Government Obligations (or other property and any proceeds therefrom) held by it as provided in Section 13.4 1404 which, in the opinion of a nationally-nationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasancecovenant defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other IndebtednessArticle.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to Section 8.06 hereof, all money and United States Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13058.05, the “Qualifying "Trustee”") pursuant to Section 13.4 8.04 hereof in respect of the Outstanding outstanding Notes shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal (and principal, premium, if any) , and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations cash or securities deposited pursuant to Section 13.4 8.04 hereof or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding outstanding Notes. Anything in this Article XIII 8 to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer from time to time upon an Issuer’s Request the request of the Issuer any money or Government Obligations securities held by it as provided in Section 13.4 8.04 hereof which, in the opinion of a nationally-nationally recognized firm of independent public accountants, accountants expressed in a written ___ certification ___ thereof ___ delivered to the Qualifying TrusteeTrustee (which may be the opinion delivered under Section 8.04(a) hereof), are in excess of the amount thereof which that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtedness.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to the provisions of Section 10.4, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trusteeTrustee; collectively, collectively for purposes of this Section 1305Section, the “Qualifying defeasance Trustee”) pursuant to Section 13.4 10.4 in respect of the Outstanding a Series of Notes shall be held in trust and applied by the Qualifying defeasance Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying defeasance Trustee may determine, to the Holders of such Notes Notes, of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer Company shall pay and indemnify the Qualifying defeasance Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.4 10.4 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding NotesNotes of such Series. Anything in this Article XIII Ten to the contrary notwithstanding, the Qualifying defeasance Trustee shall deliver or pay to the Issuer Company from time to time upon an Issuer’s Request Company Order any money or Government Obligations held by it as provided in Section 13.4 10.4 which, in the opinion of a nationally-an internationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying defeasance Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtednessdefeasance.

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to the provisions of Section 10.4, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trusteeTrustee; collectively, collectively for purposes of this Section 1305Section, the “Qualifying "defeasance Trustee”") pursuant to Section 13.4 10.4. in respect of the Outstanding a Series of Notes shall be held in trust and applied by the Qualifying defeasance Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer acting as its own Paying Agent) as the Qualifying defeasance Trustee may determine, determine to the Holders of such Notes Notes, of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. The Issuer shall pay and indemnify the Qualifying defeasance Trustee against any tax, fee or other charge imposed on or assessed against the Government Obligations deposited pursuant to Section 13.4 10.4. or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding NotesNotes of such Series. Anything in this Article XIII Ten to the contrary notwithstanding, the Qualifying defeasance Trustee shall deliver or pay to the Issuer from time to time upon an Issuer’s Request Issuer Order any money or Government Obligations held by it as provided in Section 13.4 10.4. which, in the opinion of a nationally-an internationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying defeasance Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance defeasance or Covenant Defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other Indebtedness.defeasance..

Deposited Money and Government Obligations to Be Held in Trust; Other Miscellaneous Provisions. All cash Subject to the provisions of the last paragraph of Section 1003, all money and Government Obligations (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 13051205, the “Qualifying "Trustee”") pursuant to Section 13.4 1204 in respect of the Outstanding Notes Securities shall be held in trust and applied by the Qualifying Trustee, in accordance with the provisions of such Notes Securities and this Indenture, to the payment, either directly or through any Paying Agent (including the Issuer Company acting as its own Paying Agent) as the Qualifying Trustee may determine, to the Holders of such Notes Securities of all sums due and to become due thereon in respect of principal (and premium, if any) and interest, but such money or Government Obligations need not be segregated from other funds except to the extent required by law.. Money and U.S. Government Obligations so held in trust are not subject to Article Thirteen. The Issuer Company shall pay and indemnify the Qualifying Trustee against any tax, fee or other charge imposed on or assessed against the U.S. Government Obligations deposited pursuant to Section 13.4 1204 or the principal and interest received in respect thereof other than any such tax, fee or other charge which by law is for the account of the Holders of the Outstanding Notesthereof. Anything in this Article XIII Twelve to the contrary notwithstanding, the Qualifying Trustee shall deliver or pay to the Issuer Company from time to time upon an Issuer’s Request Company request any money or U.S. Government Obligations held by it as provided in Section 13.4 1204 which, in the opinion of a nationally-nationally recognized firm of independent public accountants, accountants expressed in a written certification thereof delivered to the Qualifying Trustee, are in excess of the amount thereof which would then be required to be deposited to effect an equivalent Legal Defeasance legal defeasance or Covenant Defeasancecovenant defeasance, as applicable, in accordance with this Article XIII. For so long as any Notes remain outstanding, if the Issuer issues unsecured senior notes, unsecured notes that are effectively subordinate to the Notes or amends the terms or conditions of any of its outstanding unsecured senior or subordinated Notes (collectively, “Other Notes”) or if the Parent Guarantor or the Issuer enters into an unsecured credit facility of more than $100,000,000 million or amends an existing unsecured credit facility of more than $100,000,000 (“Material Credit Facility” and, together with Other Notes, “Other Indebtedness”) to provide for (a) terms or conditions more favorable than the terms and conditions set forth in the covenants set forth in Sections 10.10, 10.11, 10.12 and 10.13 or (b) a financial covenant not substantively expressly provided for in the Notes, then (i) the Issuer shall provide prior written notice thereof to the Holders of the Notes (with a copy to the Trustee) and (ii) upon issuance of the Other Notes or execution of the applicable amendment relating to the Other Notes or agreements or amendments relating to the Material Credit Facilities, the terms and conditions of the Notes shall be, without any further action by the Holder of the Notes or the Issuer, automatically amended and modified in an economically and legally equivalent manner such that the Holder of the Notes shall receive the benefit of the more favorable terms and/or conditions in (a) or (b) above (as the case may be) set forth in the Other IndebtednessArticle.