of the Company under this Indenture may succeed to the
Company's ownership of such Common Securities.
The Company, as owner of the
Common Securities, shall use commercially reasonable efforts to cause the Trust
(a) to remain a statutory trust, except in connection with a distribution of
Debt Securities to the holders of Trust Securities in liquidation of the Trust,
the redemption of all of the Trust Securities or mergers, consolidations or
amalgamations, each as permitted by the Declaration, (b) to otherwise continue
to be classified as a grantor trust for United States federal income tax
purposes and (c) to cause each holder of Trust Securities to be treated as
owning an undivided beneficial interest in the Debt Securities.
22
ARTICLE IV
LISTS
SECTION 4.01
SECURITYHOLDERS' LISTS.
The Company covenants and agrees that it will furnish or cause to be furnished
to the Trustee:
(A)
ON EACH REGULAR RECORD DATE FOR AN INTEREST
PAYMENT DATE, A LIST, IN SUCH FORM AS THE TRUSTEE MAY REASONABLY REQUIRE, OF THE
NAMES AND ADDRESSES OF THE SECURITYHOLDERS OF THE DEBT SECURITIES AS OF SUCH
RECORD DATE; AND
(B)
AT SUCH OTHER TIMES AS THE TRUSTEE MAY
REQUEST IN WRITING, WITHIN 30 DAYS AFTER THE RECEIPT BY THE COMPANY OF ANY SUCH
REQUEST, A LIST OF SIMILAR FORM AND CONTENT AS OF A DATE NOT MORE THAN 15 DAYS
PRIOR TO THE TIME SUCH LIST IS FURNISHED; EXCEPT THAT NO SUCH LISTS NEED BE
FURNISHED UNDER THIS SECTION 4.01 SO LONG AS THE TRUSTEE IS IN POSSESSION
THEREOF BY REASON OF ITS ACTING AS DEBT SECURITY REGISTRAR.
SECTION 4.02
PRESERVATION
AND DISCLOSURE OF LISTS.
(A)
THE TRUSTEE SHALL PRESERVE, IN AS CURRENT A
FORM AS IS REASONABLY PRACTICABLE, ALL INFORMATION AS TO THE NAMES AND ADDRESSES
OF THE HOLDERS OF DEBT SECURITIES (1) CONTAINED IN THE MOST RECENT LIST
FURNISHED TO IT AS PROVIDED IN SECTION 4.01 OR (2) RECEIVED BY IT IN THE
CAPACITY OF DEBT SECURITIES REGISTRAR (IF SO ACTING) HEREUNDER.
THE TRUSTEE MAY
DESTROY ANY LIST FURNISHED TO IT AS PROVIDED IN SECTION 4.01 UPON RECEIPT OF A
NEW LIST SO FURNISHED.
(B)
IN CASE THREE OR MORE HOLDERS OF DEBT
SECURITIES (HEREINAFTER REFERRED TO AS "APPLICANTS") APPLY IN WRITING TO THE
TRUSTEE AND FURNISH TO THE TRUSTEE REASONABLE PROOF THAT EACH SUCH APPLICANT HAS
OWNED A DEBT SECURITY FOR A PERIOD OF AT LEAST SIX MONTHS PRECEDING THE DATE OF
SUCH APPLICATION, AND SUCH APPLICATION STATES THAT THE APPLICANTS DESIRE TO
COMMUNICATE WITH OTHER HOLDERS OF DEBT SECURITIES WITH RESPECT TO THEIR RIGHTS
UNDER THIS INDENTURE OR UNDER SUCH DEBT SECURITIES AND IS ACCOMPANIED BY A COPY
OF THE FORM OF PROXY OR OTHER COMMUNICATION WHICH SUCH APPLICANTS PROPOSE TO
TRANSMIT, THEN THE TRUSTEE SHALL WITHIN FIVE BUSINESS DAYS AFTER THE RECEIPT OF
SUCH APPLICATION, AT ITS ELECTION, EITHER:
(I)
AFFORD SUCH APPLICANTS ACCESS TO THE
INFORMATION PRESERVED AT THE TIME BY THE TRUSTEE IN ACCORDANCE WITH THE
PROVISIONS OF SUBSECTION (A) OF THIS SECTION 4.02, OR
(II)
INFORM SUCH