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required to report and pay United States Interest
Equalization Tax with respect to acquisition of this
Debenture except where a specific statutory exemption
is applicable. [Emphasis added.]
The debentures were issued under an indenture (the
indenture) dated as of June 1, 1968, among RMECC as obligor,
Metals as guarantor and Chemical Bank New York Trust Company as
indenture trustee. The indenture governs the rights and
obligations of RMECC, Metals, and Chemical Bank as between
themselves and with respect to the holders of debentures. The
indenture was never modified or revoked.
The indenture contains, in part, the following provisions:
Definitions.
Section 1.01. * * *
* * * * * * *
The term "outstanding", when used with reference
to Debentures, shall, subject to the provisions of
Section 9.04, mean, as of any particular time, all
Debentures, except
(a) Debentures theretofore cancelled by the
Trustee or delivered to the Trustee for
cancellation;
(b) Debentures for the payment or redemption
of which moneys in the necessary amount shall have
been deposited in trust with the Trustee, provided
that if such Debentures are to be redeemed prior
to the maturity thereof, notice of such redemption
shall have been given as in Article Five provided,
or provision satisfactory to the Trustee shall
have been made for giving such notice; and
(c) Debentures in lieu of or in substitution
for which other Debentures shall have been
authenticated and delivered pursuant to the terms
of Section 2.07.
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Last modified: May 25, 2011