Unrestricted Subsidiary means (a) any Foreign Subsidiary or Newly Created
Subsidiary of the Company that is designated by the Board of Directors as an Unrestricted Subsidiary until such time as the Board of Directors may designate it to be a Subsidiary, provided that no Default or Event of Default would occur or be
existing following such designation, and (b) any subsidiary of an Unrestricted Subsidiary. Any such designation by the Board of Directors shall be evidenced to the Trustee by filing a Board Resolution with the Trustee giving effect to such
designation. At the time of designation of an Unrestricted Subsidiary as a Subsidiary, such Subsidiary shall be deemed to incur outstanding Indebtedness and grant any existing Liens.
Voting Stock of any Person as of any date means the Capital Stock of such Person that is normally entitled to vote
in the election of the board of directors, managers or trustees of such Person.
INCORPORATION BY REFERENCE OF TRUST INDENTURE ACT.
Whenever this Indenture refers to a provision of the TIA, the provision is incorporated by reference in and made a part of this Indenture.
The following TIA terms used in this Indenture have the following meanings:
Commission means the SEC;
indenture securities means the Securities;
indenture security holder means a Securityholder or a Holder;
indenture to be qualified means this Indenture; and
obligor on the indenture securities means the Company or any successor.
All other terms used in this Indenture that are defined by the TIA, defined by the TIA by reference to another statute or defined by SEC rule
under the TIA and not otherwise defined herein have the meanings so assigned to them.
RULES OF CONSTRUCTION.
Unless the context otherwise requires:
(i) a term has the meaning assigned to it;
(ii) an accounting term not otherwise defined has the meaning assigned to it in accordance with generally accepted accounting
principles in effect from time to time;
(iii) or is not exclusive;
(iv) including means including without limitation;
(v) words in the singular include the plural and in the plural include the singular;
(vi) provisions apply to successive events and transactions;
(vii) 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 of this Indenture; and
(viii) references to currency shall mean the
lawful currency of the United States of America, unless the context requires otherwise.