Common use of Certain Conversions Not Deemed Payment Clause in Contracts

Certain Conversions Not Deemed Payment. For the purposes of this Article 4 only, (1) the issuance and delivery of junior securities upon conversion of Debentures in accordance with Article 15 shall not be deemed to constitute a payment or distribution on account of the principal of, premium, if any, or interest on Debentures or on account of the purchase or other acquisition of Debentures, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 15.03), property or securities (other than junior securities) upon conversion of a Debenture shall be deemed to constitute payment on account of the principal of, premium, if any, or interest on such Debenture. For the purposes of this Section 4.08, the term “junior securities” means (a) shares of any stock of any class of the Company or (b) securities of the Company that are subordinated in right of payment to all Senior Debt that may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Debentures are so subordinated as provided in this Article 4. Nothing contained in this Article 4 or elsewhere in this Indenture or in the Debentures is intended to or shall impair, as among the Company, its creditors (other than holders of Senior Debt) and the Debentureholders, the right, which is absolute and unconditional, of the holder of any Debenture to convert such Debenture in accordance with Article 15.

Certain Conversions Not Deemed Payment. For the purposes of this Article 4 only, (1) the issuance and delivery of junior securities upon conversion of Debentures Notes in accordance with Article 15 shall not be deemed to constitute a payment or distribution on account of the principal of, premium, if any, or interest on Debentures Notes or on account of the purchase or other acquisition of DebenturesNotes, and (2) the payment, issuance or delivery of cash (except including the Principal Return, but excluding cash in satisfaction of fractional shares pursuant to Section 15.0315.02(a)(ii)), property or securities (other than junior securities) upon conversion of a Debenture Note shall be deemed to constitute payment on account of the principal of, premium, if any, or interest on such DebentureNote. For the purposes of this Section 4.08, the term “junior securities” means (a) shares of any stock of any class of the Company or (b) securities of the Company that are subordinated in right of payment to all Senior Debt Indebtedness that may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Debentures Notes are so subordinated as provided in this Article 4Article. Nothing contained in this Article 4 or elsewhere in this Indenture or in the Debentures Notes is intended to or shall impair, as among the Company, its creditors (other than holders of Senior DebtIndebtedness) and the DebentureholdersNoteholders, the right, which is absolute and unconditional, of the holder of any Debenture Note to convert such Debenture Note in accordance with Article 15.

Certain Conversions Not Deemed Payment. For the purposes of this Article 4 IV only, (1) the issuance and delivery of junior securities upon conversion of Debentures Notes in accordance with Article 15 XV shall not be deemed to constitute a payment or distribution on account of the principal of, premium, if any, or interest Liquidated Damages, if any, on Debentures Notes or on account of the purchase or other acquisition of DebenturesNotes, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 15.0315.3), property or securities (other than junior securities) upon conversion of a Debenture Note shall be deemed to constitute payment on account of the principal of, premium, if any, or interest Liquidated Damages, if any, on such DebentureNote. For the purposes of this Section 4.084.8, the term “junior securities” means (a) shares of any stock of any class of the Company or (b) securities of the Company that are subordinated in right of payment to all Senior Debt Obligations that may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Debentures Notes are so subordinated as provided in this Article 4Article. Nothing contained in this Article 4 IV or elsewhere in this Indenture or in the Debentures Notes is intended to or shall impair, as among the Company, its creditors (other than holders of Senior DebtObligations) and the DebentureholdersNoteholders, the right, which is absolute and unconditional, of the holder Holder of any Debenture Note to convert such Debenture Note in accordance with Article 15XV.

Certain Conversions Not Deemed Payment. For the purposes of this Article 4 Fifteen only, (1) the issuance and delivery of junior securities upon conversion of Debentures Securities in accordance with Article 15 Fifteen shall not be deemed to constitute a payment or distribution on account of the principal of, premium, if any, or interest on Debentures Securities or on account of the purchase or other acquisition of DebenturesSecurities, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 15.031403), property or securities (other than junior securities) upon conversion of a Debenture Security shall be deemed to constitute payment on account of the principal of, premium, if any, or interest on such DebentureSecurity. For the purposes of this Section 4.081512, the term “junior securities” means (a) shares of any stock of any class of the Company or (b) securities of the Company that are subordinated in right of payment to all Senior Debt that may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Debentures Securities are so subordinated as provided in this Article 4Fifteen. Nothing contained in this Article 4 Fifteen or elsewhere in this Indenture or in the Debentures Securities is intended to or shall impair, as among the Company, its creditors (other than holders of Senior Debt) and the DebentureholdersHolders, the right, which is absolute and unconditional, of the holder Holder of any Debenture Security to convert such Debenture Security in accordance with this Article 15Fifteen.

Certain Conversions Not Deemed Payment. For the purposes of this Article 4 XII only, (1) the issuance and delivery of junior securities upon conversion of Debentures Notes in accordance with Article 15 IX shall not be deemed to constitute a payment or distribution on account of the principal of, premiumor interest or Liquidated Damages, if any, or interest on Debentures Notes or on account of the purchase or other acquisition of DebenturesNotes, and (2) the payment, issuance or delivery of cash (except in satisfaction of fractional shares pursuant to Section 15.03section 9.3 hereof), property or other securities (other than junior securities) upon conversion of a Debenture Note shall be deemed to constitute a payment or distribution on account of the principal of, premium, if any, or interest on of such DebentureNote. For the purposes of this Section 4.0812.8, the term “"junior securities” " means (a) shares of any stock of any class of the Company and Securities into which the Notes are convertible pursuant to Article IX, or (b) securities of the Company that which are subordinated in right of payment to all Senior Debt that may be outstanding at the time of issuance or delivery of such securities Indebtedness to substantially the same extent as, or to a greater extent than, the Debentures Notes are so subordinated as provided in this Article 4XII. Nothing contained in this Article 4 XII or elsewhere in this Indenture or in the Debentures Notes is intended to or shall impair, as among the Company, its creditors (other than holders of Senior Debt) Indebtedness and the DebentureholdersHolders, the right, which is absolute and unconditional, of the holder Holder of any Debenture Note to convert such Debenture Note in accordance with Article 15IX.

Certain Conversions Not Deemed Payment. For the purposes of this Article 4 only, (1) the issuance and delivery of junior securities upon conversion of Debentures Notes in accordance with Article 15 shall not be deemed to constitute a payment or distribution on account of the principal of, premium, if any, or interest on Debentures Notes or on account of the purchase or other acquisition of DebenturesNotes, and (2) the payment, issuance or delivery of cash (except including the Principal Return, but excluding cash in satisfaction of fractional shares pursuant to Section 15.0315.02(a)(ii)), property or securities (other than junior securities) upon conversion of a Debenture Note shall be deemed to constitute payment on account of the principal of, premium, if any, or interest on such DebentureNote. For the purposes of this Section 4.08, the term “"junior securities” " means (a) shares of any stock of any class of the Company or (b) securities of the Company that are subordinated in right of payment to all Senior Debt Indebtedness that may be outstanding at the time of issuance or delivery of such securities to substantially the same extent as, or to a greater extent than, the Debentures Notes are so subordinated as provided in this Article 4Article. Nothing contained in this Article 4 or elsewhere in this Indenture or in the Debentures Notes is intended to or shall impair, as among the Company, its creditors (other than holders of Senior DebtIndebtedness) and the DebentureholdersNoteholders, the right, which is absolute and unconditional, of the holder of any Debenture Note to convert such Debenture Note in accordance with Article 15.