9.03
REPAYMENT TO COMPANY.
THE TRUSTEE AND EACH PAYING AGENT SHALL
PROMPTLY PAY TO THE COMPANY UPON REQUEST ANY EXCESS MONEY (1) DEPOSITED WITH
THEM PURSUANT TO SECTION 9.01 AND (2) HELD BY THEM AT ANY TIME.
(B)
THE TRUSTEE AND EACH PAYING AGENT SHALL,
SUBJECT TO APPLICABLE ABANDONMENT PROPERTY LAWS, PAY TO THE COMPANY UPON REQUEST
ANY MONEY HELD BY THEM FOR THE PAYMENT OF PRINCIPAL OR INTEREST THAT REMAINS
UNCLAIMED FOR TWO YEARS AFTER A RIGHT TO SUCH MONEY HAS MATURED; PROVIDED,
HOWEVER, THAT THE TRUSTEE OR SUCH PAYING AGENT, BEFORE BEING REQUIRED TO MAKE
ANY SUCH PAYMENT, MAY AT THE EXPENSE OF THE COMPANY CAUSE TO BE MAILED TO EACH
HOLDER ENTITLED TO SUCH MONEY NOTICE THAT SUCH MONEY REMAINS UNCLAIMED AND THAT
AFTER A DATE SPECIFIED THEREIN, WHICH SHALL BE AT LEAST 30 DAYS FROM THE DATE OF
SUCH MAILING, ANY UNCLAIMED BALANCE OF SUCH MONEY THEN REMAINING WILL BE REPAID
TO THE COMPANY.
AFTER PAYMENT TO THE COMPANY, HOLDERS ENTITLED TO MONEY MUST
LOOK TO THE COMPANY FOR PAYMENT AS GENERAL CREDITORS UNLESS AN APPLICABLE
ABANDONED PROPERTY LAW DESIGNATES ANOTHER PERSON.
SECTION 9.04
REINSTATEMENT.
IF THE TRUSTEE OR ANY PAYING AGENT IS UNABLE TO
APPLY ANY MONEY IN ACCORDANCE WITH SECTION 9.02 BY REASON OF ANY LEGAL
PROCEEDING OR BY REASON OF ANY ORDER OR JUDGMENT OF ANY COURT OR GOVERNMENTAL
AUTHORITY ENJOINING, RESTRAINING OR OTHERWISE PROHIBITING SUCH APPLICATION, THEN
THE COMPANY'S OBLIGATIONS UNDER THIS INDENTURE AND THE SECURITIES SHALL BE
REVIVED AND REINSTATED AS THOUGH NO DEPOSIT HAD OCCURRED PURSUANT TO
SECTION 9.01 UNTIL SUCH TIME AS THE TRUSTEE OR SUCH PAYING AGENT IS PERMITTED TO
APPLY ALL SUCH MONEY IN ACCORDANCE WITH SECTION 9.02; PROVIDED, HOWEVER, THAT IF
THE COMPANY HAS MADE ANY PAYMENT OF THE PRINCIPAL OF OR INTEREST ON ANY
SECURITIES BECAUSE OF THE REINSTATEMENT OF ITS OBLIGATIONS, THE COMPANY SHALL BE
SUBROGATED TO THE RIGHTS OF THE HOLDERS OF SUCH SECURITIES TO RECEIVE ANY SUCH
PAYMENT FROM THE MONEY HELD BY THE TRUSTEE OR SUCH PAYING AGENT.
ARTICLE 10
AMENDMENTS; SUPPLEMENTS AND WAIVERS
SECTION 10.01
WITHOUT CONSENT OF HOLDERS.
(A)
THE COMPANY AND THE TRUSTEE MAY AMEND OR
SUPPLEMENT THIS INDENTURE OR THE SECURITIES WITHOUT NOTICE TO OR CONSENT OF ANY
HOLDER OF A SECURITY FOR THE PURPOSE OF:
(1)
EVIDENCING A SUCCESSOR TO THE COMPANY AND
THE ASSUMPTION BY THAT SUCCESSOR OF THE COMPANY'S OBLIGATIONS UNDER THIS
INDENTURE AND THE SECURITIES;
(2)
ADDING TO THE COMPANY'S COVENANTS FOR THE
BENEFIT OF THE HOLDERS OR SURRENDERING ANY RIGHT OR POWER CONFERRED UPON THE
COMPANY;
(3)
SECURING THE COMPANY'S OBLIGATIONS IN
RESPECT OF THE SECURITIES;
(4)
EVIDENCING AND PROVIDING FOR THE ACCEPTANCE
OF THE APPOINTMENT OF A SUCCESSOR TRUSTEE IN ACCORDANCE WITH ARTICLE 8;
55
(5)
COMPLYING WITH THE REQUIREMENTS OF THE SEC
IN ORDER TO EFFECT OR MAINTAIN THE QUALIFICATION OF THIS INDENTURE UNDER THE
TIA, AS CONTEMPLATED BY THIS INDENTURE OR OTHERWISE;
(6)
CURING ANY AMBIGUITY, OMISSION,
INCONSISTENCY OR CORRECTING OR SUPPLEMENTING ANY DEFECTIVE PROVISION CONTAINED
IN THIS