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84-= ~U5053 <br />19 <br />shall continue, be considered as though beneficially owned by such <br />_ Trustee for the pnrposes of clauses (F), {G) and (H) of this subpara- <br />graph { 1). <br />(~, The specifieatinn of percentages in clauses (E) Lo (L) inclusive, of <br />subparagraph {1) of this paragraph (d) shalt not be construed as indicat- <br />ing that the ownership of such percentages of the securities of a person is <br />or is not necessary or sufficient. to constitute direct or indirect control for <br />the purposes of clauses (C) or (G) of svch subparagraph. <br />(3) Far the purposes of clauses (F), (G), (H) and (I) of subparagraph <br />(1) of this paragraph (d), (i) the terms "security" and ``securities" shall <br />include only such securities as are generally known as corporate securi- <br />ties, but shall not include any note or outer evident of indebtedness is- <br />sutd to evidence an obligation to repay moneys lent to a person by one <br />or more banks, trust companies or banking firms, yr ;tny certificate of in- <br />terest or participation in an}• such note yr evidence of indebtedness; t ii) <br />an obligation shall be deemed to be "in default" whtn a default in <br />~iac°n.rst :-,f print ip:.l shall have rcntirut~-' fvr 3!1 days .,, mor•~ n:,d sh all <br />not hay°e been cured: and (iii} either Trustee shall not be deemed to be <br />the owner ar holder of tal any security which it. holds as collateral securi- <br />ti'. as trtfstee or otherwise, fur an abligation which is not- in default as <br />defined in subclsuse (-u) atmie, ztr ib) anti security which it holds as collat- <br />eral strurity under this Indenture, irrespectist of any default hereunder, <br />yr (c) any security u-hich it holds as agent for ~olltn~tivn, nr as c~tistodian. <br />tscraw agent ar depositary, or in ant similar representative rapacitc. <br />(e) For the purposes of this iettion 11.03: <br />(1) The term "underwriter" when used with referentt to the Com- <br />pany means evert person who, within three stars prior to the time <br />as of tyhieh the clet~rnrinstion is made, has purchssed frvut Lhe f_'vnt- <br />1rar11- with a view to, or has offered or sold fvr the f"ampan} in <br />connection with, the distribution of any stY•ueity of the Ccanp:tny <br />autstunding at such time, or has part-ieipatxd ar has had a direct ~~r <br />indirtct participatian in any- such undertakink, or has participated <br />ar h:ts had a participation in the direct a~ indirect uncieru•riting of <br />any such andertaking, but such term strap not includt a ptrson <br />whose intereet was limited Lo a eommissiun from an underwriter car <br />detfler Ltat iti exe~,s of the uscnal and c=ustontari° distributors' or <br />srllers' COmftlISStan. <br />w <br /> <br /> <br /> <br />..._..I <br />