Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 53 Section 12.06. Repayment to Issuer 53 Section 12.07. Reinstatement 54 ARTICLE 13 IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS Section 13.01. Indenture and Notes Solely Corporate Obligations 54
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions. Subject to Section 9.06 hereof, all money and non-callable Government Securities (including the proceeds thereof) deposited with the Trustee (or other qualifying trustee, collectively for purposes of this Section 9.05, the “Trustee”) pursuant to Section 9.04 hereof in respect of the outstanding Notes shall be held in trust and applied by the Trustee, in accordance with the provisions of such Notes and this Indenture, to the payment, either directly or through any Paying Agent (including the Company acting as Paying Agent) as the Trustee may determine, to the Holders of such Notes of all sums due and to become due thereon in respect of principal, premium, if any, and interest, but such money need not be segregated from other funds except to the extent required by law. The Company and Guarantors shall pay and indemnify the Trustee against any tax, fee or other charge imposed on or assessed against the cash or non-callable Government Securities deposited pursuant to Section 9.04 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 Notes. Anything in this Article 9 to the contrary notwithstanding, the Trustee shall deliver or pay to the Company from time to time upon the request of the Company any money or non-callable Government Securities held by it as provided in Section 9.04 hereof which, in the opinion of a nationally recognized firm of independent public accountants expressed in a written certification thereof delivered to the Trustee (which may be the opinion delivered under Section 9.04(a) hereof), are in excess of the amount thereof that would then be required to be deposited to effect an equivalent Legal Defeasance or Covenant Defeasance. The Collateral will be released from the Lien securing the Notes, as provided under Section 11.04 hereof, upon a Legal Defeasance or Covenant Defeasance in accordance with the provisions described in this Article 9.
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 75 Section 9.06 Repayment to Company 75 Section 9.07 Reinstatement 76 ARTICLE 10 AMENDMENT, SUPPLEMENT AND WAIVER Section 10.01 Without Consent of Holders of Notes 76 Section 10.02 With Consent of Holders of Notes 77 Section 10.03 Compliance with Trust Indenture Act 78 Section 10.04 Revocation and Effect of Consents 79 Section 10.05 Notation on or Exchange of Notes 79 Section 10.06 Trustee to Sign Amendments, etc. 79 ARTICLE 11
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 50 Section 12.06. Repayment to Issuer 50 Section 12.07. Reinstatement 51 ARTICLE 13 IMMUNITY OF INCORPORATORS, STOCKHOLDERS, OFFICERS AND DIRECTORS Section 13.01. Indenture and Notes Solely Corporate Obligations 51 ARTICLE 14 MEETINGS OF HOLDERS OF NOTES
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 118 Section 8.06. Repayment to the Company 119 Section 8.07. Reinstatement 119 ARTICLE 9 AMENDMENT, SUPPLEMENT AND WAIVER 119 Section 9.01. Without Consent of Holders 119 Section 9.02. With Consent of Holders 121 Section 9.03. Revocation and Effect of Consents 124 Section 9.04. Notation on or Exchange of Third Lien Exchangeable Notes 124 Section 9.05. Trustee to Sign Amendments, etc. 124 ARTICLE 10 GUARANTEES 124 Section 10.01. Guarantee 124 Section 10.02. Limitation on Guarantor Liability 126 Section 10.03. Execution and Delivery 126 Section 10.04. Subrogation 127 Section 10.05. Benefits Acknowledged 127 Section 10.06. Release of Note Guarantees 127 Section 10.07. Co-Obligor 128 ARTICLE 11 SATISFACTION AND DISCHARGE 128 Section 11.01. Satisfaction and Discharge 128 Section 11.02. Application of Trust Money 129 ARTICLE 12 COLLATERAL 130 Section 12.01. Security Documents 130 Section 12.02. Further Assurances 130 Section 12.03. Collateral Agent 130 Section 12.04. Authorization of Actions to Be Taken 131 Section 12.05. Release of Collateral 131 Section 12.06. Powers Exercisable by Receiver or Trustee 133 Section 12.07. Release upon Termination of Company’s Obligations 133 ARTICLE 13 EXCHANGE OF THIRD LIEN EXCHANGEABLE NOTES 133 Section 13.01. Exchange Privilege 133 Section 13.02. Exercise of Exchange Privilege 133 Section 13.03. Settlement of Exchange Privilege 134 Section 13.04. Mandatory Exchange 137 Section 13.05. Fractions of Shares 138 Section 13.06. Adjustment of Exchange Rate 138 Section 13.07. Adjustments of Prices 149 Section 13.08. Notice of Adjustments of Exchange Rate 149 Section 13.09. Certain Covenants 149 Section 13.10. Taxes on Exchanges 150 Section 13.11. Notice to Holders Prior to Certain Actions 151 Section 13.12. Provision in Case of Merger Event 152 Section 13.13. No Voting or Dividend Rights 154 Section 13.14. No Responsibility of Trustee for Exchange Provisions 154 Section 13.15. Transfer of Notes to be Exchanged to a Third Party for Settlement 155 ARTICLE 14 MISCELLANEOUS 156 Section 14.01. Notices 156 Section 14.02. Certificate and Opinion as to Conditions Precedent 157 Section 14.03. Statements Required in Certificate or Opinion 158 Section 14.04. Rules by Trustee and Agents 158
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 27 Section 8.06. Repayment to the Company 27 Section 8.07. Reinstatement 27 ARTICLE 9 AMENDMENT, SUPPLEMENT AND WAIVER Section 9.01. Without Consent of Holders of Securities 28 Section 9.02. With Consent of Holders of Securities 28 Section 9.03. Compliance with Trust Indenture Act 29 Section 9.04. Revocation and Effect of Consents 29 Section 9.05. Notation on or Exchange of Securities 30 Section 9.06. Trustee to Sign Amendments, etc 30
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 90 Section 8.05. Repayment to Issuer 91 Section 8.06. Reinstatement 91 Section 8.07. Survival 92 Section 8.08. Satisfaction and Discharge of Indenture 92
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions 57 Section 8.06. Repayment to Company 57 Section 8.07. [Reserved] 58 Section 8.08. Discharge 58
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions. 60 Section 8.06 Repayment to Issuer. 60 Section 8.07 Reinstatement. 61 ARTICLE 9 AMENDMENT, SUPPLEMENT AND WAIVER 61 Section 9.01 Without Consent of Holders of Notes. 61 Section 9.02 With Consent of Holders of Notes. 62 Section 9.03 Notation on or Exchange of Notes. 63 Section 9.04 Trustee Protected. 64 ARTICLE 10 GUARANTEE 64 Section 10.01 Note Guarantee. 64 Section 10.02 Limitation on Guarantor Liability. 65
Deposited Money and Government Securities to be Held in Trust. Other Miscellaneous Provisions. 99 SECTION 8.07. Repayment to the Co-Issuers. 100 SECTION 8.08. Reinstatement. 100 ARTICLE NINE AMENDMENTS, SUPPLEMENTS AND WAIVERS SECTION 9.01. Without Consent of Holders. 101 SECTION 9.02. With Consent of Holders. 102 SECTION 9.03. [Reserved]. 103 SECTION 9.04. Revocation and Effect of Consents. 103 SECTION 9.05. Notation on or Exchange of Notes. 104
