Common use of Notice of Accrual of Additional Interest; Trustee’s Disclaimer Clause in Contracts

Notice of Accrual of Additional Interest; Trustee’s Disclaimer. Pubco will send notice to the Holder of each Note, and to the Trustee, of the commencement and termination of any period in which Additional Interest accrues on such Note. In addition, if Additional Interest accrues on any Note, then, no later than five (5) Business Days before each date on which such Additional Interest is to be paid, Pubco will deliver an Officer’s Certificate to the Trustee and the Paying Agent stating (i) that Pubco is obligated to pay Additional Interest on such Note on such date of payment; and (ii) the amount of such Additional Interest that is payable on such date of payment. The Trustee will have no duty to determine whether any Additional Interest is payable or the amount thereof and may conclusively and without liability rely on the Officer’s Certificate delivered to the Trustee pursuant to the preceding sentence as to Pubco’s obligation to pay Additional Interest and the amount of Additional Interest due. In the absence of delivery of such Officer’s Certificate, the Trustee shall not be deemed to have knowledge of the obligation to pay Additional Interest.

Notice of Accrual of Additional Interest; Trustee’s Disclaimer. Pubco The Company will send notice to the Holder of each Note, and to the Trustee, of the commencement and termination of any period in which Additional Interest accrues on such Note. In addition, if Additional Interest accrues on any Note, then, no later than five (5) Business Days before each date on which such Additional Interest is to be paid, Pubco the Company will deliver an Officer’s Certificate to the Trustee and the Paying Agent stating (i) that Pubco the Company is obligated to pay Additional Interest on such Note on such date of payment; and (ii) the amount of such Additional Interest that is payable on such date of payment. The Trustee will have no duty to determine whether any Additional Interest is payable or the amount thereof and may conclusively and without liability rely on the Officer’s Certificate delivered to the Trustee pursuant to the preceding sentence as to Pubcothe Company’s obligation to pay Additional Interest and the amount of Additional Interest due. In the absence of delivery of such Officer’s Certificate, the Trustee shall not be deemed to have knowledge of the obligation to pay Additional Interest.

Notice of Accrual of Additional Interest; Trustee’s Disclaimer. Pubco The Company will send notice to the Holder of each Note, and to the Trustee, of the commencement and termination of any period in which Additional Interest accrues on such Note, except that no such notice is required in respect of any Additional Interest that is deferred in accordance with Section 3.04(C). In addition, if Additional Interest accrues on any Note, then, no later than five (5) Business Days before each date on which such Additional Interest is to be paid, Pubco the Company will deliver an Officer’s Certificate to the Trustee and the Paying Agent stating (i) that Pubco the Company is obligated to pay Additional Interest on such Note on such date of payment; and (ii) the amount of such Additional Interest that is payable on such date of payment. The Trustee will have no duty or obligation to determine whether any Additional Interest is payable (or whether the same is deferred or is accruing interest) or the amount thereof and may conclusively and assume without liability rely on the Officer’s Certificate delivered to inquiry that no Additional Interest is payable or has been deferred until a Responsible Officer of the Trustee pursuant receives such written notice referred to in the preceding first sentence as to Pubco’s obligation to pay Additional Interest of this Section 3.04(D), and the amount of Additional Interest due. In the absence of delivery of such Officer’s Certificate, the Trustee shall not be deemed have any duty to have knowledge verify the Company’s calculation of Additional Interest or Deferred Additional Interest (including accrued interest thereon). If the obligation Company has paid any Additional Interest or Deferred Additional Interest (including accrued interest thereon) directly to pay Additional Interestthe Persons entitled to it, the Company shall deliver to the Trustee an Officer’s Certificate setting forth the particulars of such payment(s).