Common use of Optional Payments and Modifications of Certain Debt Instruments Clause in Contracts

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Subordinated Debt, or enter into any derivative or other transaction with any Derivatives Counterparty obligating the Borrower or any Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of any Subordinated Debt, (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Subordinated Debt (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee), or (c) designate any Indebtedness (other than obligations of the Borrower pursuant to the Loan Documents) as "Designated Senior Indebtedness" for the purposes of any Subordinated Debt Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any the Senior Subordinated DebtNotes or the Senior Discount Debentures (other than such a payment, prepayment, repurchase or enter into any derivative or other transaction redemption of the Senior Discount Debentures with any Derivatives Counterparty obligating the Borrower or any Subsidiary to make payments to such Derivatives Counterparty as a result proceeds of any change in market value of any Subordinated DebtSenior Discount Debenture Refinancing), (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Senior Subordinated Notes, the Senior Discount Debentures or any Subordinated Debt Senior Discount Debenture Refinancing (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a material consent fee), or (c) designate any Indebtedness (other than obligations of the Borrower Loan Parties pursuant to the Loan Documents) as "Designated Senior Indebtedness" for the purposes of any the Senior Subordinated Debt Note Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to Indebtedness under any Subordinated Debt, Indenture or enter into any derivative or other transaction with any Derivatives Counterparty obligating the Company, the Borrower or any Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of any Subordinated Debt, such Indebtedness; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Subordinated Debt Indebtedness under the Indentures (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee), ; or (c) designate enter into or be party to, or make any payment under, any Synthetic Purchase Agreement with respect to any Indebtedness (other than obligations of the Borrower pursuant making or offering to the Loan Documents) as "Designated Senior Indebtedness" for the purposes make of any Subordinated Debt Indenture.optional or voluntary payment or prepayment thereon, or any repurchase or redemption thereof, or the optional or voluntary defeasance or segregation of funds with respect thereto, the Company and its Subsidiaries are otherwise prohibited from doing under this Section 7.8; except:

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to Except as permitted by Section 9.6(c), make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Subordinated Debt, Indebtedness or enter into any derivative or other transaction with any Derivatives Counterparty obligating the Borrower or any Subsidiary it to make payments to such Derivatives Counterparty as a result of any change in market value of any Subordinated DebtIndebtedness, (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Subordinated Debt Indebtedness (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee), ) or (c) designate any Indebtedness (other than obligations of the Borrower Loan Parties pursuant to the Loan Documents) as "Designated Senior Indebtedness" for the purposes of any indenture pursuant to which Subordinated Debt IndentureIndebtedness is issued.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to principal, interest or other amounts with respect to any Additional Subordinated Debt, provided, that so long as no Default or enter into any derivative Event of Default shall have occurred and be continuing or other transaction with any Derivatives Counterparty obligating would result therefrom, the Borrower or any Subsidiary to make may pay scheduled interest payments to such Derivatives Counterparty as a result of any change in market value of any on the Additional Subordinated Debt, ; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any the Additional Subordinated Debt Documentation (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee), ; or (c) designate any Indebtedness (other than obligations of the Borrower Loan Parties pursuant to the Loan Documents) as "Designated Senior Indebtedness" (or any other defined term having a similar purpose) for the purposes of any the Additional Subordinated Debt IndentureDocumentation.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Subordinated Debt, or enter into any derivative or other transaction with any Derivatives Counterparty obligating the Borrower or any Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of any Subordinated Debt, ; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Subordinated Debt (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or waive any default or make any covenant less restrictive and (ii) does not involve the payment of a consent fee); (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Preferred Stock (cother than any such amendment, modification, waiver or other change that (i) would extend the scheduled redemption date or reduce the amount of any scheduled redemption payment or reduce the rate or extend any date for payment of dividends thereon and (ii) does not involve the payment of a consent fee); or (d) designate any Indebtedness (other than obligations of the Borrower Borrowers pursuant to the Loan Documents) as "Designated Senior IndebtednessDebt" (or any other defined term having a similar purpose) for the purposes of any the Senior Subordinated Debt Note Indenture or the Junior Subordinated Note Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of of, or otherwise optionally or voluntarily defease or segregate funds with respect to Holdco to defease or segregate funds with respect to, any Subordinated DebtIndebtedness (other than any Scheduled Debt that is not subordinated in right of payment to the Obligations), other than with the proceeds of Refinancing Indebtedness or enter into any derivative or other transaction with any Derivatives Counterparty obligating the Borrower or any Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of any Subordinated Debt, (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Subordinated subordinated Indebtedness included in the Scheduled Debt (including the Senior Subordinated Notes and the Holdco Notes), other than any such amendment, modification, waiver or other change that (i) (A) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or (B) is not adverse in any respect to the interests of the Borrowers or Lenders in the reasonable opinion of the U.S. Required Lenders and (ii) does not involve the payment of a consent fee), fee or (c) designate any Indebtedness (other than obligations of the Borrower Loan Parties pursuant to the Loan Documents) as "“Designated Senior Indebtedness" ” for the purposes of any the Senior Subordinated Debt Notes and the Senior Subordinated Notes Indenture or the Holdco Notes and Holdco Notes Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any the Senior Subordinated DebtNotes or the Senior Discount Debentures (other than (i) the Redemption and (ii) such a payment, prepayment, repurchase or enter into any derivative or other transaction redemption of the Senior Discount Debentures with any Derivatives Counterparty obligating the Borrower or any Subsidiary to make payments to such Derivatives Counterparty as a result proceeds of any change in market value of any Subordinated DebtSenior Discount Debenture Refinancing, (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Senior Subordinated Notes, the Senior Discount Debentures or any Subordinated Debt Senior Discount Debenture Refinancing (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a material consent fee), or (c) designate any Indebtedness (other than obligations of the Borrower Loan Parties pursuant to the Loan Documents) as "“Designated Senior Indebtedness" ” for the purposes of any the Senior Subordinated Debt IndentureNote Indentures.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to the principal of the Convertible Notes or any Subordinated Debt, or enter into any derivative or other transaction Debt (provided that (i) the Parent Borrower may issue Capital Stock upon conversion of the Convertible Notes in accordance with any Derivatives Counterparty obligating their terms and (ii) the Borrower or any Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of Convertible Notes and any Subordinated Debt may be refinanced with other Subordinated Debt, ); (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of Convertible Note Documents or any Subordinated Debt Indenture (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee), ; or (cd) designate any Indebtedness (other than obligations of the Borrower Loan Parties pursuant to the Loan Documents) as "“Designated Senior Indebtedness" ” (or any other defined term having a similar purpose) for the purposes of any Subordinated Debt Indenture.