partnership interests) of such Person then outstanding and normally
entitled (without regard to the
8
occurrence of any contingency within the control of such person to satisfy) to
vote in the election of directors, managers or trustees thereof.
SECTION 1.02
OTHER DEFINITION.
Term
Defined in Section
"Agent Members"
2.01
"Bankruptcy Law"
7.01
"Business Combination"
4.10
"Company Order"
2.02
"Conversion Trigger Price"
4.01
"Conversion Agent"
2.03
"Conversion Date"
4.02
"Current Market Price"
4.06
"DTC"
2.01
"Depositary"
2.01
"Determination Date"
4.06
"Distributed Securities"
4.06
"Distribution Notice"
4.01
"Event of Default"
7.01
"Expiration Date"
4.06
"Expiration Time"
4.06
"Fundamental Change Company Notice"
3.01
"Fundamental Change Purchase Date"
3.01
"Fundamental Change Purchase Notice"
3.01
"Junior Securities"
11.08
"Legal Holiday"
12.07
"Legend"
2.12
"Make Whole Premium"
4.01
"Notice of Default"
7.01
"Paying Agent"
2.03
"Payment Blockage Notice"
11.02
"Primary Registrar"
2.03
"Purchase Agreement"
2.01
"Purchased Shares"
4.06
"record date"
4.06
"QIB"
2.01
"Receiver"
7.01
"Registrar"
2.03
"Rights"
4.06
"Rights Plan"
4.06
"Spinoff Securities"
4.06
"Spinoff Valuation Period"
4.06
"tender offer"
4.06
"Triggering Distribution"
4.06
9
SECTION 1.03
TRUST INDENTURE ACT PROVISIONS.
Whenever this Indenture refers to a provision of the TIA, that provision is
incorporated by reference in and made a part of this Indenture.
This Indenture
shall also include those provisions of the TIA required to be included herein by
the provisions of the Trust Indenture Reform Act of 1990.
The following TIA
terms used in this Indenture have the following meanings:
"indenture securities" means the Securities;
"indenture security holder" means a Holder of a Security;
"indenture to be qualified" means this Indenture;
"indenture trustee" or "institutional trustee" means the Trustee; and
"obligor" on the indenture securities means the Company or any other obligor on
the Securities.
All other terms used in this Indenture that are defined in the TIA, defined by
TIA reference to another statute or defined by any SEC rule and not otherwise
defined herein have the meanings assigned to them therein.
SECTION 1.04
RULES OF CONSTRUCTION.
(A)
UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1)
A TERM HAS THE MEANING ASSIGNED TO IT;
(2)
AN ACCOUNTING TERM NOT OTHERWISE DEFINED
HAS THE MEANING ASSIGNED TO IT IN ACCORDANCE WITH GAAP;
(3)
WORDS IN THE SINGULAR INCLUDE THE PLURAL,
AND WORDS IN THE PLURAL INCLUDE THE SINGULAR;
(4)
PROVISIONS APPLY TO SUCCESSIVE EVENTS AND
TRANSACTIONS;
(5)
THE TERM "MERGER" INCLUDES A STATUTORY
SHARE EXCHANGE AND THE TERM "MERGED" HAS A CORRELATIVE MEANING;
(6)
THE MASCULINE GENDER INCLUDES THE FEMININE
AND THE NEUTER;
(7)
REFERENCES TO AGREEMENTS AND OTHER
INSTRUMENTS INCLUDE SUBSEQUENT AMENDMENTS THERETO; AND
(8)
ALL "ARTICLE", "EXHIBIT" AND "SECTION"
REFERENCES ARE TO ARTICLES, EXHIBITS AND SECTIONS, RESPECTIVELY, OF OR TO THIS
INDENTURE UNLESS OTHERWISE SPECIFIED HEREIN, AND THE TERMS "HEREIN," "HEREOF"
AND OTHER WORDS OF SIMILAR IMPORT REFER TO THIS INDENTURE AS A WHOLE AND NOT TO
ANY PARTICULAR ARTICLE, SECTION OR OTHER SUBDIVISION.
10
ARTICLE 2
THE SECURITIES
SECTION 2.01
FORM AND DATING.
The Securities and the Trustee's certificate of authentication shall be
substantially in the respective forms