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Section 1406. Counterparts. This Indenture maybe executed in several counterparts, each <br /> of which shall be an original and all of which shall constitute but one and the same instrument. <br /> Section 1407. Successors and Assigns. All the covenants, stipulations,provisions, <br /> agreements, rights,remedies and claims of the parties hereto in this Indenture contained shall bind <br /> and inure to the benefit of their successors and assigns. <br /> Section 1408. Captions. The captions or headings in this Indenture are for convenience only <br /> and in no way define, limit or describe the scope or intent of any provisions or sections of this <br /> Indenture. <br /> Section 1409. Bonds Owned by the Issuer or the Company. In determining whether <br /> bondholders of the requisite aggregate principal amount of the Bonds have concurred in any <br /> direction, consent or waiver under this Indenture, Bonds which are owned by the Issuer or the <br /> Company or by any person directly or indirectly controlling or controlled by or under direct or <br /> indirect common control with the Company(unless the Company or any person directly or indirectly <br /> controlling or controlled by or under direct or indirect common control with the Company shall own <br /> not less than 100% in aggregate principal amount of the Bonds then outstanding) shall be <br /> disregarded and deemed not to be outstanding for the purpose of any such determination,except that, <br /> for the purpose of determining whether the Trustee shall be protected in relying on any such <br /> direction, consent or waiver, only Bonds which the Trustee knows are so owned shall be so <br /> • disregarded. Bonds so owned which have been pledged in good faith may be regarded as <br /> outstanding if the pledgee establishes to the satisfaction of the Trustee the pledgee's right so to act <br /> with respect to such Bonds and that the pledgee is not the Issuer or the Company or any person <br /> directly or indirectly controlling or controlled by or under direct or indirect common control with the <br /> Company. In case of a dispute as to such right, any decision by the Trustee taken upon the advice <br /> of counsel shall be full protection to the Trustee. <br /> 41 <br />