Common use of Certain Conversions or Exchanges Deemed Payment Clause in Contracts

Certain Conversions or Exchanges Deemed Payment. For the purpose of this Article only, (a) the issuance and delivery of junior securities upon conversion or exchange of Debentures shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional Interest) on the Debentures or on account of the purchase or other acquisition of Debentures, and (b) the payment, issuance or delivery of cash (including any payments for fractional shares), property or securities (other than junior securities) upon conversion or exchange of a Debenture shall be deemed to constitute payment on account of the principal of such security. For the purpose of this Section, the term "JUNIOR SECURITIES" means (i) shares of any stock of any class of the Company and (ii) securities of the Company which are subordinated in right of payment to all Senior Debt which 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.

Certain Conversions or Exchanges Deemed Payment. For the purpose purposes of this Article 11 only, (a) the issuance and delivery of junior securities upon conversion or exchange of Debentures Securities shall not be deemed to constitute a payment or distribution on account of the principal of of, or premium (or premium, if any) ), the cash portion of the Conversion Obligation (if any), or interest (including any Additional Stated Interest, Contingent Interest and Deferred Interest) on the Debentures Securities or on account of the purchase or other acquisition of DebenturesSecurities, and (b) the payment, issuance or delivery of cash (including any payments for fractional shares)cash, property or securities (other than junior securities) upon conversion or exchange of a Debenture Security shall be deemed to constitute payment on account of the principal of such security. For the purpose purposes of this Section, the term "JUNIOR SECURITIES" “junior securities” means (i) shares of any stock of any class of the Company and (ii) securities of the Company which are subordinated in right of payment to all Senior Debt which 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 ArticleArticle 11.

Certain Conversions or Exchanges Deemed Payment. For the purpose of this Article only, (a) the issuance and delivery of junior securities upon any conversion or exchange of Debentures Debt Securities shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional Interest) on the Debentures Debt Securities or on account of the purchase or other acquisition of DebenturesDebt Securities, and (b) the payment, issuance or delivery of cash (including any payments for fractional shares), property or securities (other than junior securities) upon conversion or exchange of a Debenture any Debt Securities shall be deemed to constitute payment on account of the principal of such security. For the purpose of this Section, the term "JUNIOR SECURITIESjunior securities" means (i) shares of any stock of any class of the Company Guarantor and (ii) securities of the Company Guarantor which are subordinated in right of payment to all Senior Debt Indebtedness which 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 Debt Securities which are so subordinated as provided in this Article.

Certain Conversions or Exchanges Deemed Payment. For the purpose of this Article only, (a) the issuance and delivery of junior securities upon conversion or exchange of Debentures shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional Interest) on the Debentures or on account of the purchase or other acquisition of Debentures, and (b) the payment, issuance or delivery of cash (including any payments for fractional shares), property or securities (other than junior securities) upon conversion or exchange of a Debenture shall be deemed to constitute payment on account of the principal of such security. For the purpose of this Section, the term "JUNIOR SECURITIESjunior securities" means (i) shares of any stock of any class of the Company Guarantor and (ii) securities of the Company Guarantor which are subordinated in right of payment to all Guarantor Senior Debt which 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 which are so subordinated as provided in this Article.

Certain Conversions or Exchanges Deemed Payment. For ----------------------------------------------- the purpose of this Article only, (a) the issuance and delivery of junior securities upon conversion or exchange of Debentures shall not be deemed to constitute a payment or distribution on account of the principal of (or premium, if any) or interest (including any Additional Interest) on the Debentures or on account of the purchase or other acquisition of Debentures, and (b) the payment, issuance or delivery of cash (including any payments for fractional shares), property or securities (other than junior securities) upon conversion or exchange of a Debenture shall be deemed to constitute payment on account of the principal of such securityDebenture. For the purpose of this Section, the term "JUNIOR SECURITIESjunior securities" means (i) shares of any stock of any class of the Company and (ii) securities of the Company which are subordinated in right of payment to all Senior Debt which 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.