ARISING THEREFROM SHALL BE DEEMED TO HAVE BEEN CURED, FOR EVERY PURPOSE
OF THIS INDENTURE; BUT NO SUCH WAIVER SHALL EXTEND TO ANY SUBSEQUENT OR OTHER
DEFAULT OR EVENT OF DEFAULT OR IMPAIR ANY RIGHT CONSEQUENT THEREON.
IN CASE OF
ANY SUCH WAIVER, THE COMPANY, ANY OTHER OBLIGOR UPON THE NOTES, THE TRUSTEE AND
THE HOLDERS SHALL BE RESTORED TO THEIR FORMER POSITIONS AND RIGHTS HEREUNDER AND
UNDER THE NOTES, RESPECTIVELY.
THIS PARAGRAPH OF THIS SECTION 613 SHALL BE IN
LIEU OF § 316(A)(1)(B) OF THE TIA AND SUCH § 316(A)(1)(B) OF THE TIA IS HEREBY
EXPRESSLY EXCLUDED FROM THIS INDENTURE AND THE NOTES, AS PERMITTED BY THE TIA.
SECTION 614
UNDERTAKING FOR COSTS.
ALL
PARTIES TO THIS INDENTURE AGREE, AND EACH HOLDER OF ANY NOTE BY SUCH HOLDER'S
ACCEPTANCE THEREOF SHALL BE DEEMED TO HAVE AGREED, THAT ANY COURT MAY IN ITS
DISCRETION REQUIRE, IN ANY SUIT FOR THE ENFORCEMENT OF ANY RIGHT OR REMEDY UNDER
THIS INDENTURE OR THE NOTES, OR IN ANY SUIT AGAINST THE TRUSTEE FOR ANY ACTION
TAKEN, SUFFERED OR OMITTED BY IT AS TRUSTEE, THE FILING BY ANY PARTY LITIGANT IN
SUCH SUIT OF AN UNDERTAKING TO PAY THE COSTS OF SUCH SUIT, AND THAT SUCH COURT
MAY IN ITS DISCRETION ASSESS REASONABLE COSTS, INCLUDING REASONABLE ATTORNEYS'
FEES, AGAINST ANY PARTY LITIGANT IN SUCH SUIT, HAVING DUE REGARD TO THE MERITS
AND GOOD FAITH OF THE CLAIMS OR DEFENSES MADE BY SUCH PARTY LITIGANT.
THIS
SECTION 614 SHALL NOT APPLY TO ANY SUIT INSTITUTED BY THE TRUSTEE, TO ANY SUIT
INSTITUTED BY ANY HOLDER, OR GROUP OF HOLDERS, HOLDING IN THE AGGREGATE MORE
THAN 10% IN PRINCIPAL AMOUNT OF THE OUTSTANDING NOTES, OR TO ANY SUIT INSTITUTED
BY ANY HOLDER FOR THE ENFORCEMENT OF THE PAYMENT OF THE PRINCIPAL OF (OR
H-97
PREMIUM, IF ANY) OR INTEREST ON ANY NOTE ON OR AFTER THE RESPECTIVE STATED
MATURITY OR INTEREST PAYMENT DATES EXPRESSED IN SUCH NOTE.
SECTION 615
WAIVER OF STAY, EXTENSION OR USURY
LAWS.
THE COMPANY AGREES (TO THE EXTENT THAT IT MAY LAWFULLY DO SO) THAT IT
SHALL NOT AT ANY TIME INSIST UPON, OR PLEAD, OR IN ANY MANNER WHATSOEVER CLAIM
OR TAKE THE BENEFIT OR ADVANTAGE OF, ANY STAY OR EXTENSION LAW OR ANY USURY OR
OTHER SIMILAR LAW WHEREVER ENACTED, NOW OR AT ANY TIME HEREAFTER IN FORCE, THAT
WOULD PROHIBIT OR FORGIVE THE COMPANY FROM PAYING ALL OR ANY PORTION OF THE
PRINCIPAL OF (OR PREMIUM, IF ANY) OR INTEREST ON THE NOTES CONTEMPLATED HEREIN
OR IN THE NOTES OR THAT MAY AFFECT THE COVENANTS OR THE PERFORMANCE OF 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 SHALL NOT HINDER,
DELAY OR IMPEDE THE EXECUTION OF ANY POWER HEREIN GRANTED TO THE TRUSTEE, BUT
WILL SUFFER AND PERMIT THE EXECUTION OF EVERY SUCH POWER AS THOUGH NO SUCH LAW
HAD BEEN ENACTED.
ARTICLE VII
THE TRUSTEE
SECTION 701
CERTAIN DUTIES