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exercise or performance of any of their powers or duties t
hereunder. ~ `
The obligations of the Company under t~h~sfo lexpensest(in~m-
pensate the Trustees and to reimburse
cluding, without limitation, litigation expenses), disbursements
and advances shall constitute additional indebtedness hereunder
and shall be secured hereunder prior to the Notes.
18.6. The Corporate Trustee hereunder shall at all
times be a corporation or association organized and doing
business under the ~aws of the United States or of any State,
authorized under such laws to exercise corporate trust powers,
having a combined capital and surplus of at least fifty million
dollars, and be subject to supervision or examination by Federal
' or State authority. If such corporation or association publishes
~ reports of condition at least annually, pursuant to law or to
; the requirements of the aforesaid supervising or examining
authority, then for the purposes of this Section 18.6, the
~ combined capital and surplus of such corporation shall be
f deemed to be its combined capital and surplus as set forth in :
3 its most recent report of condition so published. If at any i
~ time the Corporate Trustee shall cease to be eligible in
' accordance with the provisions of this Section 18.6, it shall
~ resign immediately in the manner and with the effect specif ied
~ in Section 18.8.
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s 18.7. If the Corporate Trustee has or shall acquire
~ any conf licting interest, as defined in Section 310(b) of the
~ Trust Indenture Act of 1939, as amended, and, with respect to
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the applicability of this Indenture to those of the Properties .
~ located in the State of New York, as def ined in Section 130-k ~
of Article 4 A of the New York Real Property Law (the terms and ~
provisions of which are hereby incorporated herein by reference
~ with any inconsistancies between the terms and provisions of ;
this Indenture and the terms and provisions of such Section ~
~ 130-k to be resolved in favor of such Section 130-k to the extent i
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_ applicable), it shall, within ninety (90) days after ascertaining 3
~ that it has such conflicting interest, either eliminate such ~
_ conf licting interest or r~sign in the manner provided in ~
Section 18.8 (a) , such resignation to become effective upon tlie ,
appointment of a successor trustee and such successor's `
acceptance of such appointment, and the Company shall take
prompt steps to have a successor appointed in the manner provided
r~x in Section 18.8. In the event that the Corporate Trustee shall
fail to comply with the provisions of this Section, it shall,
within ten (10) days after the e:cpiration of such ninety (90)
day period, notify the neneficiaries of such failure.
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