THE HOLDERS OF TRUST
SECURITIES IN LIQUIDATION OF THE TRUST, THE REDEMPTION OF ALL OF THE TRUST
SECURITIES OR CERTAIN MERGERS, CONSOLIDATIONS OR AMALGAMATIONS, EACH AS
PERMITTED BY THE DECLARATION, CAUSE THE TRUST
(A) TO REMAIN A STATUTORY TRUST,
(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 DEBENTURES.
SECTION 3.10.
ADDITIONAL JUNIOR INDEBTEDNESS.
THE COMPANY SHALL NOT, AND
IT SHALL NOT CAUSE OR PERMIT ANY SUBSIDIARY OF THE COMPANY TO, INCUR, ISSUE OR
BE OBLIGATED ON ANY ADDITIONAL JUNIOR INDEBTEDNESS, EITHER DIRECTLY OR
INDIRECTLY, BY WAY OF GUARANTEE, SURETYSHIP OR OTHERWISE, OTHER THAN ADDITIONAL
JUNIOR INDEBTEDNESS (I) THAT, BY ITS TERMS, IS EXPRESSLY STATED TO BE EITHER
JUNIOR AND SUBORDINATE OR PARI PASSU IN ALL RESPECTS TO THE DEBENTURES, AND
(II) OF WHICH THE COMPANY HAS NOTIFIED (AND, IF THEN REQUIRED UNDER THE
APPLICABLE GUIDELINES OF THE REGULATING ENTITY, HAS RECEIVED APPROVAL FROM) THE
FEDERAL RESERVE, IF THE COMPANY IS A BANK HOLDING COMPANY, OR THE OTS, IF THE
COMPANY IS A SAVINGS AND LOAN HOLDING COMPANY.
ARTICLE IV.
SECURITYHOLDERS' LISTS AND REPORTS
BY THE COMPANY AND THE TRUSTEE
SECTION 4.1.
SECURITYHOLDERS' LISTS.
THE COMPANY COVENANTS AND AGREES
THAT IT WILL FURNISH OR CAUSE TO BE FURNISHED TO THE TRUSTEE:
22
(A)
ON EACH REGULAR RECORD DATE FOR THE DEBENTURES, A LIST, IN SUCH
FORM AS THE TRUSTEE MAY REASONABLY REQUIRE, OF THE NAMES AND ADDRESSES OF THE
SECURITYHOLDERS OF THE DEBENTURES 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 4.1 so long as
the Trustee is in possession thereof by reason of its acting as Debenture
registrar.
SECTION 4.2.
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
DEBENTURES (1) CONTAINED IN THE MOST RECENT LIST FURNISHED TO IT AS PROVIDED IN
SECTION 4.1 OR (2) RECEIVED BY IT IN THE CAPACITY OF DEBENTURES REGISTRAR (IF SO
ACTING) HEREUNDER.
THE TRUSTEE MAY DESTROY ANY LIST FURNISHED TO IT AS PROVIDED
IN SECTION 4.1 UPON RECEIPT OF A NEW LIST SO FURNISHED.
(B)
IN CASE THREE OR MORE HOLDERS OF DEBENTURES (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 DEBENTURE FOR A PERIOD OF
AT LEAST 6 MONTHS PRECEDING THE DATE OF SUCH APPLICATION, AND SUCH APPLICATION
STATES THAT THE APPLICANTS DESIRE TO COMMUNICATE WITH OTHER HOLDERS OF
DEBENTURES WITH RESPECT TO