Common use of Payment Permitted in Certain Situations Clause in Contracts

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 or under the conditions described in Section 1503 or Section 1504, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 15.02 or under the conditions described in Section 1503 15.03 or Section 150415.04, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 1402 or under the conditions described in Section 1503 1403 or Section 15041404, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, Securities or on account of the purchase or other acquisition of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyIssuer, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Issuer referred to in Section 1502 12.02 or under the conditions described in Section 1503 or Section 150412.03, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, Securities or on account of the purchase or other acquisition of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyIssuer or the Guarantor, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Issuer or the Guarantor, as the case may be, referred to in Section 1502 13.02 or under the conditions described in Section 1503 or Section 150413.03, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, Securities or on account of the purchase or other acquisition of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyIssuers, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Issuers referred to in Section 1502 or under the conditions described in Section 1503 or Section 1504, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 15.2 or under the conditions described in Section 1503 15.3 or Section 150415.4, from making payments at any time of principal of, or on account of the principal of (and premium, if any) , or interest on the Securities, or on account of the purchase or other acquisition of SecuritiesDebentures, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest on the Securities Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 14.02 or under the conditions described in Section 1503 14.03 or Section 150414.04, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a1) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 1402 or under the conditions described in Section 1503 1403 or Section 15041404, from making payments at any time of principal of, or on account of the principal of (and premium, if any) , or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b2) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyOperating Partnership, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Operating Partnership referred to in Section 1502 1402 or under the conditions described in Section 1503 1403 or Section 15041404, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holdersholders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary, or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 4.2 or under the conditions described in Section 1503 4.3 or Section 15044.4, from making payments at any time of principal of, or on account of the principal of (and premium, if any) , or interest (including Additional Payments) on the Securities, or on account of the purchase or other acquisition of SecuritiesDebentures, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest (including Additional Payments) on the Securities Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge Actual Knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a1) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 or under the conditions described in Section 1503 or Section 1504, from making payments at any time of principal of, or on account of the principal of (and premium, if any) , or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b2) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 or under the conditions described in Section 1503 or Section 1504, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holdersholders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyIssuer, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Issuer referred to in Section 1502 13.02 or under the conditions described in Section 1503 or Section 150413.03, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, Securities or on account of the purchase or other acquisition of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Convertible Debentures shall prevent (a) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 13.2 or under the conditions described in Section 1503 13.3 or Section 150413.4, from making payments at any time of or on account of the principal of (and or premium, if any) , or interest on the Securities, or on account of the purchase or other acquisition of SecuritiesConvertible Debentures, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest on the Securities Convertible Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyCompany or the Guarantor, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company or the Guarantor, as the case may be, referred to in Section 1502 or under the conditions described in Section 1503 or Section 15041202, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, Securities or on account of the purchase or other acquisition of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 15.2 or under the conditions described in Section 1503 15.3 or Section 150415.4, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyIssuer, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Issuer referred to in Section 1502 14.02 or under the conditions described in Section 1503 or Section 150414.03, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, Securities or on account of the purchase or other acquisition of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this the Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 902 hereof or under the conditions described in Section 1503 903 or Section 1504904 hereof, from making payments at any time of or on account of the principal of (and of, premium, if any) , or interest on the Securities, or on account of the purchase or other acquisition of SecuritiesDebentures, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, premium, if any) , or interest on the Securities Debentures or the retention of such payment by the Holdersholders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 14.02 or under the conditions described in Section 1503 14.03 or Section 150414.04, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, Securities or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities of any series or the retention of such payment by the HoldersHolder, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 14.02 or under the conditions described in Section 1503 14.03 or Section 150414.04, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, Securities or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities of any series or the retention of such payment by the HoldersHolder, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.. 73

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 1402 or under the conditions described in Section 1503 1403 or Section 15041404, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, Securities or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities of any series or the retention of such payment by the HoldersHolder, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article Fifteen or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 or under the conditions described in Section Sections 1503 or Section 1504, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holdersholders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle Fifteen.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 13.02 or under the conditions described in Section 1503 13.03 or Section 150413.4, from making payments at any time of or on account of the principal of (and or premium, if any) , or interest on the Securities, or on account of the purchase or other acquisition of SecuritiesDebentures, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest on the Securities Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article Seventeen or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 16.02 or under the conditions described in Section 1503 16.03 or Section 150416.04, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holdersholders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle Seventeen.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary, or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 4.2 or under the conditions described in Section 1503 4.3 or Section 15044.4, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of SecuritiesDebentures, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge Actual Knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Companyan Issuer, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company an Issuer referred to in Section 1502 14.02 or under the conditions described in Section 1503 14.03 or Section 150414.04, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Subordinated Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 1302 or under the conditions described in Section 1503 or Section 15041303, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, Securities or on account of the purchase or other acquisition of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge written notice provided to it at least one Business Day prior to the date on which such payment should have been made that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article Sixteen or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 16.02 or under the conditions described in Section 1503 16.03 or Section 150416.04, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holdersholders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle Sixteen.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Convertible Debentures shall prevent (a) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary, or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 12.2 or under the conditions described in Section 1503 12.3 or Section 150412.4, from making payments at any time of or on account of the principal of (and or premium, if any) , or interest on the Securities, or on account of the purchase or other acquisition of SecuritiesConvertible Debentures, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest on the Securities Convertible Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture herein or in any of the Securities shall prevent (a) the CompanyIssuer, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Issuer referred to in Section 1502 11.2 or under the conditions described in Section 1503 or Section 150411.3, from making payments at any time of or on account of the principal of (and premium, if any) or interest any Interest and other amounts due and payable on the Securities, Securities or on account of the purchase or other acquisition of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest any Interest and other amounts due and payable on the Securities or the retention of such payment by the HoldersSecurityholders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Convertible Debentures shall prevent (a) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 8.2 or under the conditions described in Section 1503 8.3 or Section 15048.4, from making payments at any time of or on account of the principal of (and or premium, if any) , or interest on the Securities, or on account of the purchase or other acquisition of SecuritiesConvertible Debentures, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest on the Securities Convertible Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 1502 14.02 or under the conditions described in Section 1503 14.03 or Section 150414.04, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, Securities or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities of any series or the retention of such payment by the HoldersHolder, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Debt Securities shall prevent (a1) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 12.03 or under the conditions described in Section 1503 12.02 or Section 150412.09, from making payments at any time of principal of, or on account of the principal of (and premium, if any) , or interest on the Securities, or on account of the purchase or other acquisition of Debt Securities, or (b2) the application by the Indenture Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest on the Debt Securities or the retention of such payment by the Holders, if, at the time of such application by the Indenture Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article 13 or elsewhere in this Indenture or in any of the Securities Notes shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 13.04 or under the conditions described in Section 1503 13.05 or Section 150413.06, from making payments at any time of or on account of the principal of or interest (and premiumincluding Additional Interest, if any) or interest ), on the Securities, Notes or on account of the purchase or other acquisition of Securitiesthe Notes, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premiumor interest, if any) or interest , on the Securities Notes or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this ArticleArticle 13.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 13.03 or under the other conditions described in Section 1503 13.02 or Section 150413.03, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, Securities or on account of the purchase or other acquisition of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the CompanyIssuer, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company Issuer referred to in Section 1502 12.02 or under the conditions described in Section 1503 or Section 150412.03, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, Securities or on account of the purchase or other acquisition of the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 1502 1402 or under the conditions described in Section 1503 1403 or Section 15041404, from making payments at any time of or on account of the principal of (and premium, if any) or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Debt Securities of such series shall prevent (a) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 or under the conditions described in Section 1503 or Section 1504, from making payments at any time of or on account of the principal of (and or premium, if any) , or interest on the Securities, or on account Debt Securities of the purchase or other acquisition of Securitiessuch series, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest on the Debt Securities of such series or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Amended and Restated Indenture or in any of the Securities Debentures shall prevent (a) the Company, at any time except during the pendency of any casedissolution, proceeding, dissolutionwinding-up, liquidation or other winding upreorganization of the Company, assignment for the benefit of creditors whether voluntary or involuntary or any bankruptcy, insolvency, receivership or other marshalling of assets and liabilities proceedings of the Company referred to in Section 1502 13.2 or under the conditions described in Section 1503 13.3 or Section 150413.4, from making payments at any time of or on account of the principal of (and or premium, if any) , or interest on the Securities, or on account of the purchase or other acquisition of SecuritiesDebentures, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest on the Securities Debentures or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have knowledge that such payment would have been prohibited by the provisions of this Article.

Payment Permitted in Certain Situations. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent (a1) the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding winding-up, liquidation, reorganization, assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company, whether voluntary or involuntary or in bankruptcy, insolvency, receivership or similar proceedings of the Company referred to in Section 1502 or under the conditions described in Section 1503 or Section 1504, from making payments at any time of principal of, or on account of the principal of (and premium, if any) , or interest on the Securities, or on account of the purchase or other acquisition of Securities, or (b2) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and of, or premium, if any) , or interest on the Securities or the retention of such payment by the Holders, if, at the time of such application by the Trustee, it did not have actual knowledge that such payment would have been prohibited by the provisions of this Article.