IT SHALL BE
ENTITLED TO EXAMINE THE BOOKS, RECORDS AND PREMISES OF THE ISSUER, PERSONALLY OR
BY AGENT OR ATTORNEY;
(F)
THE TRUSTEE MAY EXECUTE ANY OF THE TRUSTS OR POWERS HEREUNDER OR
PERFORM ANY DUTIES HEREUNDER EITHER DIRECTLY OR BY OR THROUGH AGENTS OR
ATTORNEYS AND THE TRUSTEE SHALL NOT BE RESPONSIBLE FOR ANY MISCONDUCT OR
NEGLIGENCE ON THE PART OF ANY AGENT OR ATTORNEY APPOINTED BY IT WITH DUE CARE
HEREUNDER;
(G)
THE TRUSTEE SHALL NOT BE LIABLE FOR ANY ACTION TAKEN, SUFFERED OR
OMITTED TO BE TAKEN BY IT IN GOOD FAITH AND REASONABLY BELIEVED BY IT TO BE
AUTHORIZED OR WITHIN THE DISCRETION OR RIGHTS OR POWERS CONFERRED UPON IT BY
THIS INDENTURE;
(H)
THE RIGHTS, PRIVILEGES, PROTECTIONS, IMMUNITIES AND BENEFITS GIVEN
TO THE TRUSTEE, INCLUDING, WITHOUT LIMITATION, ITS RIGHT TO BE INDEMNIFIED, ARE
EXTENDED TO, AND SHALL BE ENFORCEABLE BY, THE TRUSTEE IN EACH OF ITS CAPACITIES
HEREUNDER, AND EACH AGENT, CUSTODIAN AND OTHER PERSON EMPLOYED TO ACT HEREUNDER;
(I)
THE TRUSTEE MAY REQUEST THAT THE ISSUER DELIVER AN OFFICERS'
CERTIFICATE SETTING FORTH THE NAMES OF INDIVIDUALS AND/OR TITLES OF OFFICERS
AUTHORIZED AT SUCH TIME TO TAKE SPECIFIED ACTIONS PURSUANT TO THIS INDENTURE,
WHICH OFFICERS' CERTIFICATE MAY BE SIGNED BY ANY PERSON AUTHORIZED TO SIGN AN
OFFICERS' CERTIFICATE, INCLUDING ANY PERSON SPECIFIED AS SO AUTHORIZED IN ANY
SUCH CERTIFICATE PREVIOUSLY DELIVERED AND NOT SUPERSEDED; AND
(J)
ANY PERMISSIVE RIGHT OR AUTHORITY GRANTED TO THE TRUSTEE SHALL
NOT BE CONSTRUED AS A MANDATORY DUTY.
SECTION 7.03.
NO RESPONSIBILITY FOR RECITALS, ETC.
THE RECITALS CONTAINED
HEREIN AND IN THE NOTES (EXCEPT IN THE TRUSTEE'S CERTIFICATE OF AUTHENTICATION)
SHALL BE TAKEN AS THE STATEMENTS OF THE ISSUER, AND THE TRUSTEE ASSUMES NO
RESPONSIBILITY FOR THE CORRECTNESS OF THE SAME.
THE TRUSTEE MAKES NO
REPRESENTATIONS AS TO THE VALIDITY OR SUFFICIENCY OF THIS INDENTURE OR OF THE
NOTES.
THE TRUSTEE SHALL NOT BE ACCOUNTABLE FOR THE USE OR APPLICATION BY THE
ISSUER OF ANY NOTES OR THE PROCEEDS OF ANY NOTES AUTHENTICATED AND DELIVERED BY
THE TRUSTEE IN CONFORMITY WITH THE PROVISIONS OF THIS INDENTURE.
SECTION 7.04.
TRUSTEE, PAYING AGENTS, CONVERSION AGENTS OR NOTE REGISTRAR MAY
OWN NOTES.
THE TRUSTEE, ANY PAYING AGENT, THE CONVERSION AGENT OR NOTE
REGISTRAR, IN ITS INDIVIDUAL OR ANY OTHER CAPACITY, MAY BECOME THE OWNER OR
PLEDGEE OF NOTES WITH THE SAME RIGHTS IT WOULD HAVE IF IT WERE NOT TRUSTEE,
PAYING AGENT, CONVERSION AGENT OR NOTE REGISTRAR.
38
SECTION 7.05.
MONIES TO BE HELD IN TRUST.
SUBJECT TO THE PROVISIONS OF SECTION
11.02, ALL MONIES RECEIVED BY THE TRUSTEE SHALL, UNTIL USED OR APPLIED AS HEREIN
PROVIDED, BE HELD IN TRUST FOR THE PURPOSES FOR WHICH THEY WERE RECEIVED.
MONEY
HELD BY THE TRUSTEE IN TRUST HEREUNDER NEED NOT BE SEGREGATED FROM OTHER FUNDS
EXCEPT TO THE EXTENT REQUIRED BY LAW.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE
TRUSTEE SHALL BE UNDER NO LIABILITY FOR INTEREST ON ANY MONEY RECEIVED BY IT
HEREUNDER EXCEPT AS MAY BE AGREED IN WRITING FROM TIME TO