HOLDING THE SAME, AGREES WITH THE COMPANY AND THE TRUSTEE THAT
NEITHER THE COMPANY NOR THE TRUSTEE NOR ANY PAYING AGENT SHALL BE HELD
ACCOUNTABLE BY REASON OF THE DISCLOSURE OF ANY SUCH INFORMATION AS TO THE NAMES
AND ADDRESSES OF THE HOLDERS OF DEBENTURES IN ACCORDANCE WITH THE PROVISIONS OF
SUBSECTION (B) OF THIS SECTION 4.2, REGARDLESS OF THE SOURCE FROM WHICH SUCH
INFORMATION WAS DERIVED, AND THAT THE TRUSTEE SHALL NOT BE HELD ACCOUNTABLE BY
REASON OF MAILING ANY MATERIAL PURSUANT TO A REQUEST MADE UNDER SAID
SUBSECTION (B).
ARTICLE V.
REMEDIES OF THE TRUSTEE AND SECURITYHOLDERS
UPON AN EVENT OF DEFAULT
Section 5.1.
Events of Default. "Event of
Default," wherever used herein, means any one of the following events (whatever
the reason for such Event of Default and whether it shall be voluntary or
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involuntary or be effected by operation of law or pursuant to any judgment,
decree or order of any court or any order, rule or regulation of any
administrative or governmental body):
(A)
THE COMPANY DEFAULTS IN THE PAYMENT OF ANY
INTEREST UPON ANY DEBENTURE, INCLUDING ANY ADDITIONAL INTEREST IN RESPECT
THEREOF, FOLLOWING THE NONPAYMENT OF ANY SUCH INTEREST FOR TWENTY OR MORE
CONSECUTIVE DISTRIBUTION PERIODS; OR
(B)
THE COMPANY DEFAULTS IN THE PAYMENT OF ALL
OR ANY PART OF THE PRINCIPAL OF (OR PREMIUM, IF ANY, ON) ANY DEBENTURES AS AND
WHEN THE SAME SHALL BECOME DUE AND PAYABLE EITHER AT MATURITY, UPON REDEMPTION,
BY DECLARATION OF ACCELERATION OR OTHERWISE; OR
(C)
THE COMPANY DEFAULTS IN THE PERFORMANCE OF,
OR BREACHES, ANY OF ITS COVENANTS OR AGREEMENTS IN THIS INDENTURE OR IN THE
TERMS OF THE DEBENTURES ESTABLISHED AS CONTEMPLATED IN THIS INDENTURE (OTHER
THAN A COVENANT OR AGREEMENT A DEFAULT IN WHOSE PERFORMANCE OR WHOSE BREACH IS
ELSEWHERE IN THIS SECTION SPECIFICALLY DEALT WITH), AND CONTINUANCE OF SUCH
DEFAULT OR BREACH FOR A PERIOD OF 60 DAYS AFTER THERE HAS BEEN GIVEN, BY
REGISTERED OR CERTIFIED MAIL, TO THE COMPANY BY THE TRUSTEE OR TO THE COMPANY
AND THE TRUSTEE BY THE HOLDERS OF AT LEAST 25% IN AGGREGATE PRINCIPAL AMOUNT OF
THE OUTSTANDING DEBENTURES, A WRITTEN NOTICE SPECIFYING SUCH DEFAULT OR BREACH
AND REQUIRING IT TO BE REMEDIED AND STATING THAT SUCH NOTICE IS A "NOTICE OF
DEFAULT" HEREUNDER; OR
(D)
A COURT OF COMPETENT JURISDICTION SHALL
ENTER A DECREE OR ORDER FOR RELIEF IN RESPECT OF THE COMPANY IN AN INVOLUNTARY
CASE UNDER ANY APPLICABLE BANKRUPTCY, INSOLVENCY, REORGANIZATION OR OTHER
SIMILAR LAW NOW OR HEREAFTER IN EFFECT, OR APPOINTING A RECEIVER, LIQUIDATOR,
ASSIGNEE, CUSTODIAN, TRUSTEE, SEQUESTRATOR (OR SIMILAR OFFICIAL) OF THE COMPANY
OR FOR ANY SUBSTANTIAL PART OF ITS PROPERTY, OR ORDERING THE WINDING-UP OR
LIQUIDATION OF ITS AFFAIRS AND SUCH DECREE OR ORDER SHALL REMAIN UNSTAYED AND IN
EFFECT FOR A PERIOD OF 90 CONSECUTIVE DAYS; OR
(E)
THE COMPANY SHALL COMMENCE A VOLUNTARY CASE
UNDER ANY APPLICABLE BANKRUPTCY, INSOLVENCY, REORGANIZATION OR OTHER SIMILAR LAW
NOW OR HEREAFTER IN EFFECT, SHALL CONSENT TO THE ENTRY OF AN