Investor Liabilities Sample Clauses

Investor Liabilities. Exceptions Notwithstanding anything to the contrary, nothing in this Agreement or any of the Secured Debt Documents shall prohibit or restrict: (a) any Payment made to an Investor under and in accordance with the terms of any Secured Debt Document (provided that, for the avoidance of doubt, this paragraph (a) shall not apply to a Payment which is not made under a Secured Debt Document or a Payment which is expressly prohibited by Clause 4 (Hedge Counterparties and Hedging Liabilities), Clause 5 (Second Lien Secured Creditors and Second Lien Liabilities) and/or Clause 6 (Senior Parent Creditors and Senior Parent Liabilities); (b) any Payment or other return made by way of a roll-up or capitalisation of any amount, an issue of shares, an incurrence of indebtedness constituting Investor Liabilities (including the issue of payment-in-kind instruments) or any other similar or equivalent step, action or arrangement; (c) any forgiveness, write-off or capitalisation of Investor Liabilities (or any other similar or equivalent step or action); (d) any payment made (whether cash or in kind) or other step or action taken to facilitate any Payment (or other matter) in respect of any Investor Liabilities (in each case to the extent that such Payment or other matter is not prohibited by this Clause 7); (e) any Liabilities Acquisition (including pursuant to clause 24 (Restriction on Debt Purchase Transactions) of the Senior Term Facilities Agreement, clause 25 (Restriction on Debt Purchase Transactions) of the Senior Bridge Facilities Agreement, clause 24 (Restriction on Debt Purchase Transactions) of the Second Lien Facility Agreement and any equivalent provisions of the other Debt Financing Agreements) and any payments or other actions arising in connection therewith (in each case unless that Liabilities Acquisition is otherwise prohibited by the terms of the Debt Financing Agreements); or (f) any Investor from granting any Security over or in relation to the Investor Liabilities or any related rights in respect thereof.