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80005053
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Last modified
1/13/2010 10:33:39 PM
Creation date
1/13/2010 10:32:05 PM
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DEEDS
Inst Number
80005053
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~Q-- ~05fi~~ <br />~~~ <br />such notice if and so long as-the baard of directors, the executive commit- <br />tee or a trust committze of directors ar responsible offtcers or both of the <br />Corporate Trustee in good faith determines that the withholding of such <br />notice is in the- interests of the bondholders. <br />(b) Iu ease an Event of Defattit has occurred and is continuing, the <br />Trustees shall exercise such of the rights and powers vested in them by <br />this Indenture, and use the same degree of care and skill in their exercise, <br />as -a.prudent man would exercise or use under the circumstances in the <br />conduct of his own affairs. <br />{e) In making any determination pursuant to the provisions of this In- <br />denture of Bonds outstanding, there shall be disregardcli, in addition to <br />Bonds disregarded pursuant. to the definit.ian of "outstanding" set forth <br />in article I hereof, Bands awned by an}- _lffiliate, except that for the pur- <br />pose of determining whether the Trustees shall be protected in relying on <br />any such direction or consent, only such Bonds which such Trustees <br />know am so awned shall be so disregamed. <br />5scrtor• 17.10. \one of the provisions of this Indenture shall be con- <br />strued as relieving the Trustees from liability far its ar his own negligent <br />action, negligent sailure to act, or wilful misaanduct, except shut any- <br />thing irr *.his Indenture eantained to the contract' notwithstanding: <br />(a} unless and until sn Event of Default shalt hace happened and <br />be continuing, <br />t; t 7 the Trustees shall not be liable except far the performance <br />of such duties as are specificaIly set out in this Indenture, anr! <br />no impfied covenants or obiigatians shall be read into this In- <br />denture against the Tru.~tees, whose duties and obligatians shall <br />be tleterminrd sale:y by the express prvviL,ions of this Indenture; <br />and <br />f2) the Tntstees may core}usive-iy rely, as tv the truth of the <br />statements and the correctness of the apinians expressed therein, <br />in the atsence of bad faith on the part of the Trustees, ^pan rer- <br />tificates ar opiuians furnished W them pursuant. to the exprea5 <br />provisions of aad rnnfarming to the requirements of this Inden- <br />ture: <br />{hf the Corporate Trustee shall not be liable for any error of jud~• <br />meat made in good faith by a responsible officer ar officers of the <br /> <br /> <br />
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