FLOOD, WAR (WHETHER
DECLARED OR UNDECLARED), TERRORISM, FIRE, RIOT, EMBARGO, GOVERNMENT ACTION,
INCLUDING ANY LAWS, ORDINANCES, REGULATIONS, GOVERNMENTAL ACTION OR THE LIKE
WHICH DELAY, RESTRICT OR PROHIBIT THE PROVIDING OF THE SERVICES CONTEMPLATED BY
THIS INDENTURE.
SECTION 6.7
RESIGNATION AND REMOVAL; APPOINTMENT OF SUCCESSOR.
(A)
NO RESIGNATION OR REMOVAL OF THE TRUSTEE AND NO APPOINTMENT OF A
SUCCESSOR TRUSTEE PURSUANT TO THIS ARTICLE VI SHALL BECOME EFFECTIVE UNTIL THE
ACCEPTANCE OF APPOINTMENT BY THE SUCCESSOR TRUSTEE UNDER SECTION 6.8.
(B)
THE TRUSTEE MAY RESIGN AT ANY TIME BY GIVING WRITTEN NOTICE
THEREOF TO THE COMPANY.
(C)
THE TRUSTEE MAY BE REMOVED BY ACT OF THE HOLDERS OF AT LEAST A
MAJORITY IN AGGREGATE PRINCIPAL AMOUNT OF THE OUTSTANDING SECURITIES DELIVERED
TO THE TRUSTEE AND TO THE COMPANY.
(D)
IF THE TRUSTEE SHALL RESIGN, BE REMOVED OR BECOME INCAPABLE OF
ACTING, OR IF A VACANCY SHALL OCCUR IN THE OFFICE OF TRUSTEE FOR ANY REASON, THE
HOLDERS OF A MAJORITY IN AGGREGATE PRINCIPAL AMOUNT OF THE OUTSTANDING
SECURITIES, SHALL PROMPTLY APPOINT A SUCCESSOR TRUSTEE, AND SUCH SUCCESSOR
TRUSTEE AND THE RETIRING TRUSTEE SHALL COMPLY WITH THE APPLICABLE REQUIREMENTS
OF SECTION 6.8.
IF NO SUCCESSOR TRUSTEE SHALL HAVE BEEN SO APPOINTED BY THE
HOLDERS AND ACCEPTED APPOINTMENT WITHIN SIXTY (60) DAYS AFTER THE GIVING OF A
NOTICE OF RESIGNATION BY THE TRUSTEE OR THE REMOVAL OF THE TRUSTEE IN THE MANNER
REQUIRED BY SECTION 6.8, ANY HOLDER WHO HAS BEEN A BONA FIDE HOLDER OF A
SECURITY FOR AT LEAST SIX MONTHS (OR, IF THE SECURITIES HAVE BEEN OUTSTANDING
FOR LESS THAN SIX (6) MONTHS, THE ENTIRE PERIOD OF SUCH LESSER TIME) MAY, ON
BEHALF OF SUCH HOLDER AND ALL OTHERS SIMILARLY SITUATED, AND ANY RESIGNING
TRUSTEE MAY, AT THE EXPENSE OF THE COMPANY, PETITION ANY COURT OF COMPETENT
JURISDICTION FOR THE APPOINTMENT OF A SUCCESSOR TRUSTEE.
SECTION 6.8
ACCEPTANCE OF APPOINTMENT BY SUCCESSOR.
(A)
IN CASE OF THE APPOINTMENT HEREUNDER OF A SUCCESSOR TRUSTEE, EACH
SUCCESSOR TRUSTEE SO APPOINTED SHALL EXECUTE, ACKNOWLEDGE AND DELIVER TO THE
COMPANY AND TO THE RETIRING TRUSTEE AN INSTRUMENT ACCEPTING SUCH APPOINTMENT,
AND THEREUPON THE RESIGNATION OR REMOVAL OF THE RETIRING TRUSTEE SHALL BECOME
EFFECTIVE AND SUCH SUCCESSOR TRUSTEE, WITHOUT ANY FURTHER ACT, DEED OR
CONVEYANCE, SHALL BECOME VESTED WITH ALL THE RIGHTS, POWERS, TRUSTS AND DUTIES
OF THE RETIRING TRUSTEE; BUT, ON THE REQUEST OF THE COMPANY OR THE SUCCESSOR
TRUSTEE, SUCH RETIRING TRUSTEE SHALL, UPON PAYMENT OF ITS CHARGES, EXECUTE AND
DELIVER AN INSTRUMENT TRANSFERRING TO SUCH SUCCESSOR TRUSTEE ALL THE RIGHTS,
POWERS AND TRUSTS OF THE RETIRING TRUSTEE AND SHALL DULY ASSIGN, TRANSFER AND
DELIVER TO SUCH SUCCESSOR TRUSTEE ALL PROPERTY AND MONEY HELD BY SUCH RETIRING
TRUSTEE HEREUNDER.
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(B)
UPON REQUEST OF ANY SUCH SUCCESSOR TRUSTEE, THE COMPANY SHALL
EXECUTE ANY AND ALL INSTRUMENTS FOR MORE FULLY AND CERTAINLY VESTING IN AND
CONFIRMING TO SUCH SUCCESSOR TRUSTEE ALL RIGHTS, POWERS AND TRUSTS REFERRED TO
IN PARAGRAPH (A) OF THIS SECTION 6.8.
(C)
NO SUCCESSOR TRUSTEE SHALL ACCEPT ITS APPOINTMENT UNLESS