(5) the words herein, hereof, hereto and
hereunder and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or other subdivision;
(6) references to agreements and other instruments include subsequent amendments and supplements thereto;
(7) when used with respect to any Security, the words convert, converted and conversion are intended to
refer to the right of the Holder or the Company to convert or exchange such Security into or for securities or other property in accordance with such terms, if any, as may hereafter be specified for such Security as contemplated by
Section 3.01, and these words are not intended to refer to any right of the Holder or the Company to exchange such Security for other Securities of the same series and like tenor pursuant to Section 3.04,
Section 3.05, Section 3.06, Section 9.06 or Section 11.07 or another similar provision of this Indenture, unless the context otherwise requires; and references herein to the terms of any Security that
may be converted mean such terms as may be specified for such Security as contemplated in Section 3.01; and
(8) unless the
context otherwise requires, any reference to duly provided for and other words of similar import with respect to any amount or property required to be paid or delivered, as applicable, shall include, without limitation, having made such
amount or property available for payment or delivery.
Act, when used with respect to any Holder, has the
meaning specified in Section 1.04.
Affiliate of any specified Person means any other Person
directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this definition, control when used with respect to any specified Person means the power to
direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms controlling and controlled have meanings correlative to
Applicable Procedures of a Depositary means, with respect to any matter at any time, the
policies and procedures of such Depositary, if any, that are applicable to such matter at such time.
Agent means, when used with respect to Securities of any series, any Person authorized by the Trustee to act on behalf of the Trustee to authenticate the Securities of such series.
Board of Directors means either the board of directors of the Company or any duly authorized committee of that
Board Resolution means a copy of a resolution certified by an Officer of the Company to have been duly
adopted by the Board of Directors and to be in full force and effect on the date of such certification, and delivered to the Trustee. Where any provision of this Indenture refers to action to be taken pursuant to a Board Resolution (including the
establishment of any series of the Securities and the forms and terms thereof), such action may be taken by any officer or employee of the Company authorized to take such action by the Board of Directors as evidenced by a Board Resolution.