REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS Clause Samples

REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF DEFAULT

REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF DEFAULT 16 Section 6.01 Events of Default 16 Section 6.02 Collection of Indebtedness and Suits for Enforcement by Trustee 17 Section 6.03 Application of Moneys Collected 18 Section 6.04 Limitation on Suits 19 Section 6.05 Rights and Remedies Cumulative; Delay or Omission Not Waiver 19 Section 6.06 Control by Securityholders 19 Section 6.07 Undertaking to Pay Costs 20 ARTICLE 7 CONCERNING THE TRUSTEE 20 Section 7.01 Certain Duties and Responsibilities of Trustee 20 Section 7.02 Certain Rights of Trustee 21 Section 7.03 Trustee Not Responsible for Recitals or Issuance or Securities 22 Section 7.04 May Hold Securities 22 Section 7.05 Moneys Held in Trust 22 Section 7.06 Compensation and Reimbursement 23 Section 7.07 Reliance on Officer’s Certificate or Opinion of Counsel 23 Section 7.08 Disqualification; Conflicting Interests 23 Section 7.09 Corporate Trustee Required; Eligibility 23 Section 7.10 Resignation and Removal; Appointment of Successor 24 Section 7.11 Acceptance of Appointment By Successor 25 Section 7.12 Merger, Conversion, Consolidation or Succession to Business 26 Section 7.13 Preferential Collection of Claims Against the Company 26 Section 7.14 Notice of Default 26 ARTICLE 8 CONCERNING THE SECURITYHOLDERS 26 Section 8.01 Evidence of Action by Securityholders 26 Section 8.02 Proof of Execution by Securityholders 27 Section 8.03 Who May be Deemed Owners 27 Section 8.04 Certain Securities Owned by Company Disregarded 27 Section 8.05 Actions Binding on Future Securityholders 27 ARTICLE 9 SUPPLEMENTAL INDENTURES 28 Section 9.01 Supplemental Indentures Without the Consent of Securityholders 28 Section 9.02 Supplemental Indentures With Consent of Securityholders 28 Section 9.03 Effect of Supplemental Indentures 29 Section 9.04 Securities Affected by Supplemental Indentures 29 Section 9.05 Execution of Supplemental Indentures 29 ARTICLE 10 SUCCESSOR ENTITY 29 Section 10.01 Company May Consolidate, Etc 30 Section 10.02 Successor Entity Substituted 30

REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. SECTION 5.01.

REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF DEFAULT 21 Section 6.01 Events of Default 21 Section 6.02 Collection of Indebtedness and Suits for Enforcement by Trustee 22 Section 6.03 Application of Moneys Collected 24 Section 6.04 Limitation on Suits 24 Section 6.05 Rights and Remedies Cumulative; Delay or Omission Not Waiver 25 Section 6.06 Control by Securityholders 25 Section 6.07 Undertaking to Pay Costs 26

REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS on Event of Default

REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF DEFAULT 20 Section 6.01 Events of Default 20 Section 6.02 Collection of Indebtedness and Suits for Enforcement by Trustee 21 Section 6.03 Application of Moneys Collected 23 Section 6.04 Limitation on Suits 23 Section 6.05 Rights and Remedies Cumulative; Delay or Omission Not Waiver 24 Section 6.06 Control by Securityholders 24 Section 6.07 Undertaking to Pay Costs 24

REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. No Event of Default or Rights of Acceleration; Subordination upon Liquidation Event 32 Section 4.02 Trustee May File Proof of Claim 32 Section 4.03 Application of Proceeds 34 Section 4.04 Suits for Enforcement 35 Section 4.05 Restoration of Rights on Abandonment of Proceeding 35 Section 4.06 Limitations on Suits by Securityholders 36 Section 4.07 Unconditional Right of Securityholders to Institute Certain Suits 36 Section 4.08 Powers and Remedies Cumulative; Delay or Omission Not Waiver of Breach 36 Section 4.09 Control by Securityholders 37 Section 4.10 Waiver of Past Breach 37 Section 4.11 Trustee to Give Notice of Breach 37 Section 4.12 Right of Court to Require Filing of Undertaking to Pay Costs 38

REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF DEFAULT 27 Section 6.01 Events of Default. 27 Section 6.02 Payment of Securities on Default; Suit Therefor. 29 Section 6.03 Application of Money Collected by Trustee. 31 Section 6.04 Proceedings by Securityholders. 32 Section 6.05 Proceedings by Trustee. 32 Section 6.06 Remedies Cumulative and Continuing; Delay or Omission Not Waiver. 32 Section 6.07 Direction of Proceedings and Waiver of Defaults by Majority of Securityholders. 33 Section 6.08 Notice of Defaults. 33 Section 6.09 Undertaking to Pay Costs. 34 Article 7. TRUSTEE 34 Section 7.01 General/Duties of Trustee. 34 Section 7.02 Certain Rights of Trustee. 35 Section 7.03 Individual Rights of Trustee. 36 Section 7.04 Trustee’s Disclaimer. 37 Section 7.05 (Intentionally Omitted.) 37 Section 7.06 Reports by Trustee to Holders. 37 Section 7.07 Compensation and Indemnity. 37 Section 7.08 Replacement of Trustee. 38 Section 7.09 Acceptance of Appointment by Successor. 39 Section 7.10 Successor Trustee by Merger, Etc. 40 Section 7.11 Eligibility. 40 Section 7.12 Money Held in Trust. 40 Article 8. SATISFACTION AND DISCHARGE OF INDENTURE; UNCLAIMED MONEYS 40 Section 8.01 Satisfaction and Discharge of Indenture. 40 Section 8.02 Application by Trustee of Funds Deposited for Payment of Securities. 41 Section 8.03 Repayment of Moneys Held by Paying Agent. 41

REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS. ON EVENT OF DEFAULT ------------------- SECTION 4.1 Event of Default Defined; Acceleration of Maturity; Waiver of ------------------------------------------------------------- Default. "Event of Default" with respect to Securities of any series wherever ------- used herein, means each one of the following events which shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body: (a) default in the payment of any installment of interest upon any of the Securities of such series as and when the same shall become due and payable, and continuance of such default for a period of 30 days; or (b) default in the payment of all or any part of the principal on any of the Securities of such series as and when the same shall become due and payable either at maturity, upon redemption, by declaration or otherwise; or (c) default in the payment of any sinking fund installment as and when the same shall become due and payable by the terms of the Securities of such series; or (d) default in the performance, or breach, of any covenant or agreement of the Issuer in respect of the Securities of such series (other than a covenant or agreement in respect of the Securities of such series a default in whose performance or whose breach is elsewhere in this Section specifically dealt with, and continuance of such default or breach for a period of 90 days after the date on which there has been given, by registered or certified mail, to the Issuer by the Trustee or to the Issuer and the Trustee by the Holders of at least 25% in principal amount of the Outstanding Securities of all series affected thereby, a written notice specifying such default or breach and requiring it to be remedied and stating that such notice is a "Notice of Default" hereunder; or (e) a court having jurisdiction in the premises shall enter a decree or order for relief in respect of the Issuer in an involuntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or appointing a receiver, liquidator, assignee, custodian, trustee or sequestrator (or similar official) of the Issuer or for any substantial part of its property or ordering the winding up or liquidation of its affairs, and such decree or order shall remain unstayed and ...