OUT MORE
EFFECTIVELY THE PROVISIONS OF THIS INDENTURE.
SECTION 4.13.
FUTURE GUARANTORS.
SUBJECT TO SECTION 11.02(B), THE
COMPANY SHALL CAUSE EACH RESTRICTED SUBSIDIARY THAT IS (A) ACQUIRED OR FORMED
AFTER THE CLOSING DATE AND IS A RESTRICTED SUBSIDIARY THAT IS ALSO A GUARANTOR
UNDER THE CREDIT AGREEMENT OR (B) AN EXISTING RESTRICTED SUBSIDIARY THAT BECOMES
A GUARANTOR UNDER THE CREDIT AGREEMENT TO BECOME A GUARANTOR, AND, IF
APPLICABLE, TO EXECUTE AND DELIVER TO THE TRUSTEE A SUPPLEMENTAL GUARANTEE IN
THE FORM OF EXHIBIT C PURSUANT TO WHICH SUCH RESTRICTED SUBSIDIARY WILL
GUARANTEE PAYMENT OF THE NOTES.
SECTION 4.14.
APPROVALS.
THE COMPANY AGREES TO EXERCISE
COMMERCIALLY REASONABLE EFFORTS, AND SHALL CAUSE ITS RESTRICTED SUBSIDIARIES TO
EXERCISE COMMERCIALLY REASONABLE EFFORTS, TO OBTAIN ANY APPROVAL OF THE FEDERAL
COMMUNICATIONS COMMISSION, ANY PUBLIC UTILITY OR SERVICE COMMISSION OR ANY OTHER
GOVERNMENTAL AUTHORITY FOR ANY ACTION OR TRANSACTION CONTEMPLATED BY THIS
INDENTURE THAT IS THEN REQUIRED BY APPLICABLE LAW, EXCEPT WHERE THE FAILURE TO
OBTAIN ANY SUCH APPROVAL COULD NOT, INDIVIDUALLY AND IN THE AGGREGATE,
REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT.
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ARTICLE 5.
NEGATIVE COVENANTS APPLICABLE TO COMPANY AND ITS SUBSIDIARIES
SECTION 5.01.
STAY, EXTENSION AND USURY LAWS.
THE COMPANY
COVENANTS (TO THE EXTENT THAT IT MAY LAWFULLY DO SO) THAT IT SHALL NOT AT ANY
TIME INSIST UPON, PLEAD, OR IN ANY MANNER WHATSOEVER CLAIM OR TAKE THE BENEFIT
OR ADVANTAGE OF, ANY STAY, EXTENSION OR USURY LAW WHEREVER ENACTED, NOW OR AT
ANY TIME HEREAFTER IN FORCE, THAT MAY AFFECT THE COVENANTS OR THE PERFORMANCE OF
ITS OBLIGATIONS UNDER THE NOTES OR THIS INDENTURE, AND THE COMPANY (TO THE
EXTENT THAT IT MAY LAWFULLY DO SO) HEREBY EXPRESSLY WAIVES ALL BENEFIT OR
ADVANTAGE OF ANY SUCH LAW, AND COVENANTS (TO THE EXTENT THAT IT MAY LAWFULLY DO
SO) THAT IT SHALL NOT, BY RESORT TO ANY SUCH LAW, HINDER, DELAY OR IMPEDE THE
EXECUTION OF ANY POWER HEREIN GRANTED TO THE HOLDERS, BUT SHALL SUFFER AND
PERMIT THE EXECUTION OF EVERY SUCH POWER AS THOUGH NO SUCH LAW HAS BEEN ENACTED.
SECTION 5.02.
RESTRICTED PAYMENTS.
(A) THE COMPANY SHALL NOT, AND
SHALL NOT PERMIT ANY OF ITS RESTRICTED SUBSIDIARIES TO, (I) DECLARE OR MAKE ANY
DIVIDEND PAYMENT OR OTHER DISTRIBUTION OF ASSETS, PROPERTIES, CASH, RIGHTS,
OBLIGATIONS OR SECURITIES ON ACCOUNT OF ANY SHARES OF ANY CLASS OF CAPITAL STOCK
(INCLUDING ANY PAYMENT IN CONNECTION WITH A MERGER OR CONSOLIDATION INVOLVING
THE COMPANY OR ANY OF ITS RESTRICTED SUBSIDIARIES), EXCEPT (X) DIVIDENDS OR
DISTRIBUTIONS PAYABLE SOLELY IN ITS CAPITAL STOCK (OTHER THAN DISQUALIFIED
CAPITAL STOCK OR CAPITAL STOCK CONVERTIBLE INTO OR EXCHANGEABLE FOR DISQUALIFIED
CAPITAL STOCK) AND (Y) DIVIDENDS OR DISTRIBUTIONS PAYABLE TO THE COMPANY OR TO A
RESTRICTED SUBSIDIARY (AND, IF THE RESTRICTED SUBSIDIARY MAKING SUCH DIVIDEND OR
DISTRIBUTION HAS EQUITYHOLDERS OTHER THAN THE COMPANY OR ANOTHER RESTRICTED
SUBSIDIARY, TO SUCH EQUITYHOLDERS ON A PRO RATA BASIS), (II) PURCHASE, REDEEM OR
OTHERWISE ACQUIRE FOR VALUE ANY SHARES OF CAPITAL STOCK OF THE COMPANY OR ANY OF
ITS RESTRICTED