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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• With a copy to: <br /> Scroll Compressors LLC <br /> 2895 Harrison Street <br /> Batesville, Arkansas 75201 <br /> Attention: Plant Manager <br /> Emerson <br /> 8000 W. Florissant <br /> St. Louis, Missouri 63136 <br /> Attention: Tax Department <br /> Trustee: Regions Bank <br /> 400 West Capitol Avenue <br /> Little Rock, Arkansas 72201 <br /> Attention: Corporate Trust Department <br /> Any of the foregoing may, by notice given hereunder, designate any further or different addresses <br /> to which subsequent notices, certificates or other communications shall be sent. <br /> Section 1403. Limitation ofRights. With the exception ofrights herein expressly conferred, <br /> nothing expressed or mentioned in or to be implied from this Indenture, or the Bonds issued <br /> • hereunder,is intended or shall be construed to give to any person or company other than the parties <br /> hereto, and the holders of the Bonds secured by this Indenture any legal or equitable rights,remedy <br /> or claim under or in respect to this Indenture or any covenants, conditions and provisions hereof <br /> being intended to be and being for the sole exclusive benefit of the parties hereto and the holders of <br /> the Bonds hereby secured as herein provided. <br /> Section 1404. Severability. If any provisions of this Indenture shall be held or deemed to <br /> be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any <br /> jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any <br /> provisions or any constitution or statute or rule of public policy, or for any other reason, such <br /> circumstances shall not have the effect of rendering the provision in question inoperative or <br /> unenforceable in any other case or circumstance, or of rendering any other provision or provisions <br /> herein contained invalid, inoperative or unenforceable to any extent whatever. <br /> The invalidity of any one or more phrases,sentences,clauses or paragraphs in this Indenture <br /> contained shall not affect the remaining portions of this Indenture or any part thereof. <br /> Section 1405. Applicable Provisions of Law. This Indenture shall be considered to have <br /> been executed in the State of Arkansas and it is the intention of the parties that the substantive law <br /> of the State of Arkansas govern as to all questions of interpretation,validity and effect. <br /> • <br /> 40 <br />
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