(C)
THE PRINCIPAL OF AND ANY PREMIUM ON ANY SECURITIES THAT HAVE
BECOME DUE OTHERWISE THAN BY SUCH DECLARATION OF ACCELERATION AND INTEREST
(INCLUDING ANY ADDITIONAL INTEREST) THEREON AT THE RATE BORNE BY THE SECURITIES,
AND
(D)
ALL SUMS PAID OR ADVANCED BY THE TRUSTEE HEREUNDER AND THE
REASONABLE COMPENSATION, EXPENSES, DISBURSEMENTS AND ADVANCES OF THE TRUSTEE AND
ITS AGENTS AND COUNSEL; AND
(II)
ALL EVENTS OF DEFAULT WITH RESPECT TO SECURITIES, OTHER THAN THE
NON-PAYMENT OF THE PRINCIPAL OF SECURITIES THAT HAS BECOME DUE SOLELY BY SUCH
ACCELERATION, HAVE BEEN CURED OR WAIVED AS PROVIDED IN SECTION 5.13;
No such rescission shall affect any subsequent default or impair any right
consequent thereon.
SECTION 5.3
Collection of Indebtedness and Suits for Enforcement by
Trustee.
(A)
THE COMPANY COVENANTS THAT IF:
(I)
DEFAULT IS MADE IN THE PAYMENT OF ANY INSTALLMENT OF INTEREST
(INCLUDING ANY ADDITIONAL INTEREST) ON ANY SECURITY WHEN SUCH INTEREST BECOMES
DUE AND PAYABLE AND SUCH DEFAULT CONTINUES FOR A PERIOD OF THIRTY (30) DAYS, OR
(II)
DEFAULT IS MADE IN THE PAYMENT OF THE PRINCIPAL OF AND ANY
PREMIUM ON ANY SECURITY AT THE MATURITY THEREOF,
the Company will, upon demand of the Trustee, pay to the Trustee, for the
benefit of the Holders of such Securities, the whole amount then due and payable
on such Securities for principal and any premium and interest (including any
Additional Interest) and, in addition thereto, all amounts owing the Trustee
under Section 6.6.
(B)
IF THE COMPANY FAILS TO PAY SUCH AMOUNTS FORTHWITH UPON SUCH
DEMAND, THE TRUSTEE, IN ITS OWN NAME AND AS TRUSTEE OF AN EXPRESS TRUST, MAY
INSTITUTE A JUDICIAL PROCEEDING FOR THE COLLECTION OF THE SUMS SO DUE AND
UNPAID, AND MAY PROSECUTE SUCH PROCEEDING TO JUDGMENT OR FINAL DECREE, AND MAY
ENFORCE THE SAME AGAINST THE COMPANY OR ANY OTHER OBLIGOR UPON SUCH SECURITIES
AND COLLECT THE MONEYS ADJUDGED OR DECREED TO BE PAYABLE IN THE MANNER PROVIDED
BY LAW OUT OF THE PROPERTY OF THE COMPANY OR ANY OTHER OBLIGOR UPON THE
SECURITIES, WHEREVER SITUATED.
(C)
IF AN EVENT OF DEFAULT WITH RESPECT TO SECURITIES OCCURS AND IS
CONTINUING, THE TRUSTEE MAY IN ITS DISCRETION PROCEED TO PROTECT AND ENFORCE ITS
RIGHTS AND THE RIGHTS OF THE HOLDERS OF SECURITIES BY SUCH APPROPRIATE JUDICIAL
PROCEEDINGS AS THE TRUSTEE SHALL DEEM MOST EFFECTUAL TO PROTECT AND ENFORCE ANY
SUCH RIGHTS, WHETHER FOR THE SPECIFIC ENFORCEMENT OF ANY
34
COVENANT OR AGREEMENT IN THIS INDENTURE OR IN AID OF THE EXERCISE OF ANY POWER
GRANTED HEREIN, OR TO ENFORCE ANY OTHER PROPER REMEDY.
SECTION 5.4
Trustee May File Proofs of Claim.
In case of any receivership, insolvency, liquidation, bankruptcy,
reorganization, arrangement, adjustment, composition or similar judicial
proceeding relative to the Company (or any other obligor upon the Securities),
its property or its creditors, the Trustee shall be entitled and empowered, by
intervention in such proceeding or otherwise, to take any and all actions
authorized hereunder in order to have claims of the Holders and the