Common use of Suspension of Payment When Senior Indebtedness in Default Clause in Contracts

Suspension of Payment When Senior Indebtedness in Default. (a) Unless Section 10.02 shall be applicable, upon (i) the occurrence of a Payment Default and (ii) receipt by the Trustee and the Company from a holder or representative of holders of Designated Senior Indebtedness of written notice of such occurrence, then no payment or distribution of any assets of the Company of any kind or character (excluding Permitted Junior Securities) shall be made by the Company on account of the principal, premium (if any), Equity Offering Redemption Price, Redemption Price, Change of Control Offer Price, Net Proceeds Offer Price, interest (if any) or any other payment required to be made hereunder or on account of the purchase or redemption or other acquisition of Securities unless and until such Payment Default shall have been cured or waived by the holder of Senior Indebtedness or shall have ceased to exist or such Senior Indebtedness shall have been discharged or paid in full, after which the Company shall resume making any and all required payments in respect of the Securities, including any missed payments.

Suspension of Payment When Senior Indebtedness in Default. (a) Unless Section 10.02 8.02 shall be applicable, upon (i1) the occurrence of a Payment Default and (ii2) receipt by the Trustee and from the Company from a holder or representative of the holders of Designated Senior Indebtedness of written notice of such occurrence, then no payment or distribution of any assets of the Company of any kind or character (excluding Permitted Junior Securities) shall be made by the Company and no holder of the Subordinated Notes shall accept or receive any direct or indirect payment by setoff or otherwise for or on account of the principalprincipal of, premium (or premium, if any), Equity Offering Redemption Price, Redemption Price, Change of Control Offer Price, Net Proceeds Offer Price, or interest (if any) or any other payment required to be made hereunder on the Senior Subordinated Notes or on account of the purchase or redemption or other acquisition of Securities the Senior Subordinated Notes unless and until such Payment Default shall have been cured or waived by the holder of Senior Indebtedness or shall have ceased to exist (as evidenced by a written acknowledgment of the Senior Representative) or such Senior Indebtedness shall have been discharged or paid in fullfull or payment thereof provided for, after which the Company shall resume making any and all required payments in respect of the SecuritiesSenior Subordinated Notes, including any missed payments.

Suspension of Payment When Senior Indebtedness in Default. (a) Unless Section 10.02 1202 shall be applicable, upon (i1) the occurrence of a Payment Default beyond the applicable grace period, and (ii2) receipt by the Trustee and (with a copy to the Company Company) from a holder or representative of holders of any Designated Senior Indebtedness (a "Senior Representative") of written notice of such occurrencea Payment Default, then no payment (other than any payments previously made pursuant to the provisions described in Article Four) or distribution of any assets of the Company of any kind or character (excluding Permitted Junior Securities) shall be made by the Company on account of the principalprincipal of, premium (premium, if any), Equity Offering Redemption Priceor interest on, Redemption Price, Change of Control Offer Price, Net Proceeds Offer Price, interest (if any) or any other payment required to be made hereunder the Securities or on account of the purchase or redemption purchase, redemption, defeasance or other acquisition of or in respect of the Securities unless and until such Payment Default shall have been cured or waived by the holder of Senior Indebtedness or shall have ceased to exist or such the Designated Senior Indebtedness shall have been discharged or paid in fullfull in cash or Cash Equivalents, or in any other manner acceptable to the requisite holders of such Designated Senior Indebtedness, after which the Company shall resume making any and all required payments in respect of the Securities, including any missed payments.

Suspension of Payment When Senior Indebtedness in Default. (a) Unless Section 10.02 1202 shall be applicable, upon (i1) the occurrence and during the continuance of any default in the payment of any Designated Senior Indebtedness beyond any applicable grace period (a "Payment Default Default") and (ii2) receipt by the Trustee and from the Company from a holder or representative of holders of Designated Senior Indebtedness Representative of written notice of such occurrencePayment Default, then no payment (other than any payments previously made pursuant to Section 402 or 403 in this Indenture) or distribution of any assets of the Company of any kind or character (excluding Permitted Junior Securities) shall be made by the Company on account of the principalprincipal of, premium (premium, if any), Equity Offering Redemption Priceor interest on, Redemption Pricethe Securities, Change of Control Offer Price, Net Proceeds Offer Price, interest (if any) or any other payment required to be made hereunder or on account of the purchase or redemption purchase, redemption, defeasance or other acquisition of or in respect of the Securities unless and until such Payment Default shall have been cured or waived by the holder of Senior Indebtedness or shall have ceased to exist or such the Designated Senior Indebtedness shall have been discharged or paid in full, full after which the Company shall (subject to the other provisions of this Article Twelve) resume making any and all required payments in respect of the Securities, including any missed payments.

Suspension of Payment When Senior Indebtedness in Default. (a) Unless Section 10.02 4.03 shall be applicable, upon (i1) the occurrence of a Payment Default and (ii2) receipt by the Trustee and the Company from a holder or representative of holders of Designated Senior Indebtedness the Representatives of written notice of such occurrence, then no direct or indirect payment (other than payments previously made pursuant to Article Nine hereof) or distribution of any assets of the Company of any kind or character (excluding Permitted Junior Securities) shall be made by or on behalf of the Company on account of any Obligations under the principalSecurities, premium (if any)whether pursuant to the terms of the Securities or upon acceleration or otherwise, Equity Offering Redemption Price, Redemption Price, Change of Control Offer Price, Net Proceeds Offer Price, interest (if any) or any other payment required to be made hereunder or on account of the purchase or redemption or other acquisition of Securities unless and until such Payment Default shall have been cured or waived by or on behalf of the holder holders of the Designated Senior Indebtedness or Significant Senior Indebtedness, as the case may be, or shall have ceased to exist or such Senior Indebtedness as to which such Payment Default relates shall have been discharged or paid in full, after which the Company shall resume making any and all required payments in respect of the Securities, including any missed payments.

Suspension of Payment When Senior Indebtedness in Default. (a) Unless Section 10.02 8.02 shall be applicable, upon (i1) the occurrence of a Payment Default and (ii2) receipt by the Trustee and from the Company from a holder or representative of the holders of Designated Senior Indebtedness of written notice of such occurrence, then no payment or distribution of any assets of the Company of any kind or character (excluding Permitted Junior Securities) shall be made by the Company and no holder of the Subordinated Notes shall accept or receive any direct or indirect payment by set off or otherwise for or on account of the principalprincipal of, premium (or premium, if any), Equity Offering Redemption Price, Redemption Price, Change of Control Offer Price, Net Proceeds Offer Price, or interest (if any) or any other payment required to be made hereunder on the Senior Subordinated Notes or on account of the purchase or redemption or other acquisition of Securities the Senior Subordinated Notes unless and until such Payment Default shall have been cured or waived by the holder of Senior Indebtedness or shall have ceased to exist (as evidenced by a written acknowledgement of the Senior Representative) or such Senior Indebtedness shall have been discharged or paid in fullfull or payment thereof provided for, after which the Company shall resume making any and all required payments in respect of the SecuritiesSenior Subordinated Notes, including any missed payments.