Common use of Obligations of the Company Unconditional Clause in Contracts

Obligations of the Company Unconditional. Nothing contained in this Article Eight or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of the Senior Debt of the Company, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Eight of the holders of the Senior Debt of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Eight shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt of the Company then due and payable shall first be paid in full in cash or Cash Equivalents before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from, or on behalf of, the Company on account of any Obligations on the Securities.

Obligations of the Company Unconditional. Nothing contained in this Article Eight Section 11 or elsewhere in this Indenture Agreement or in the Securities Notes is intended to or shall impair, as among between the Company and the Holders of the SecuritiesHolders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the principal of of, premium, if any, and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of the Senior Debt of the CompanyIndebtedness, nor shall anything herein or therein in the Notes prevent the any Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this IndentureAgreement, subject to the rights, if any, under this Article Eight Section 11, of the holders of the Senior Debt of the Company Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained remedy or other restrictions set forth in this Article Eight shall restrict Section 11. Notwithstanding anything to the right contrary in this Section 11 or elsewhere in this Agreement or in the Notes, upon any distribution of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt assets of the Company then due and payable shall first be paid referred to in full in cash or Cash Equivalents before this Section 11, the Holders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the Securities liquidating trustee or agent or other Person making any distribution to the Trustee are Holders for the purpose of ascertaining the Persons entitled to receive any direct or indirect payment from, or on behalf ofparticipate in such distribution, the Company on account holders of any Obligations on the SecuritiesSenior Indebtedness and other Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Section 11.

Obligations of the Company Unconditional. Nothing contained in this Article Eight Section 2 or elsewhere in this Indenture Intercreditor Agreement or in the Securities Subordinated Note Documents is intended to or shall impair, as among between the Company and its creditors other than the Holders holders of Senior Debt, the obligations of the Securities, Company to the obligation holders of the Company, which is absolute and unconditional, Subordinated Debt to pay to the Holders of the Securities the principal of and interest on the Securities Subordinated Debt as and when the same it shall become due and payable in accordance with their its terms, or is intended to or shall affect the relative rights of the Holders holders of the Securities Subordinated Debt and creditors of the Company other than the holders of the Senior Debt of the CompanyDebt, nor shall anything herein or therein (except as otherwise expressly provided in this Intercreditor Agreement) prevent the Holder any holder of any Security or the Trustee on their behalf Subordinated Debt from exercising all remedies otherwise permitted by applicable law upon default under this Indenturethe happening of a Subordinated Default, subject to the rights, if any, under this Article Eight Section 2 of the holders of the Senior Debt of the Company in respect of to assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Eight shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt The failure of the Company then due and payable shall first be paid in full in cash or Cash Equivalents before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect make payment from, or on behalf of, the Company on account of the Subordinated Debt by reason of any Obligations on provision of this Section 2 shall not be construed as preventing the Securitiesoccurrence or continuance of a Subordinated Default under the Subordinated Note Documents.

Obligations of the Company Unconditional. Nothing contained in this Article Eight Ten or elsewhere in this Indenture or in the Securities any Note is intended to or shall impair, as among between the Company and the Holders of the SecuritiesHolders, the obligation obligations of the Company, which is are absolute and unconditional, to pay to the Holders of the Securities the principal of and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect effect the relative rights of the Holders of the Securities and creditors of the Company Company, other than the holders of the Senior Debt of the CompanyIndebtedness, nor shall anything herein or therein prevent the Trustee or any Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Eight Ten, of the holders of the Senior Debt of the Company Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Without limiting the generality Upon any distribution of assets of the foregoing, nothing contained Company referred to in this Article Eight Ten, the Trustee, subject to the provisions of Section 7.01, and the Holders shall restrict be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such Insolvency or Liquidation Proceeding is pending, or a certificate of the right of liquidating trustee or agent or other Person making any distribution to the Trustee or to the Holders for the purpose of Securities ascertaining the Persons entitled to take any action to declare participate in such distribution, the Securities to be due holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable prior to their stated maturity pursuant to Section 6.01 thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt of the Company then due and payable shall first be paid in full in cash or Cash Equivalents before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from, or on behalf of, the Company on account of any Obligations on the Securitiesthis Article Ten.

Obligations of the Company Unconditional. Nothing contained in this Article Eight Thirteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company Company, its creditors other than the 95 holders of Senior Indebtedness, and the Holders of the SecuritiesHolders, the obligation of the Company, which is absolute unconditional and unconditionalabsolute, to pay to the Holders of the Securities the principal of of, premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of the Senior Debt of the CompanyIndebtedness, nor shall anything herein or therein prevent the Trustee or any Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default a Default or an Event of Default under this Indenture, subject to the rights, if any, under this Article Eight Thirteen, of the holders of the Senior Debt of the Company Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Eight shall Thirteen will restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity Stated Maturity pursuant to Section 6.01 501 or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt of the Company Indebtedness then due and payable or thereafter declared to be due and payable shall first be paid in full full, in cash or Cash Equivalents cash equivalents, before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from, or on behalf of, from the Company on account of any Obligations on the SecuritiesSenior Subordinated Obligations.

Obligations of the Company Unconditional. Nothing contained in this Article Eight or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company Company, its creditors other than the holders of the Senior Debt, and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of the Senior Debt of the Company, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Eight of the holders of the Senior Debt of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Eight shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 6.02 or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt of the Company then due and payable shall first be paid in full in cash or Cash Equivalents before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from, or on behalf of, the Company on account of any Obligations on the Securities.

Obligations of the Company Unconditional. Nothing contained in this Article Eight or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of the Senior Debt Indebtedness of the Company, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Eight of the holders of the Senior Debt Indebtedness of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Eight shall restrict the right of the Trustee or the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt Indebtedness of the Company then due and payable shall first be paid in full in cash or Cash Equivalents before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from, or on behalf of, the Company on account of any Obligations on the Securities.

Obligations of the Company Unconditional. Nothing contained in this Article Eight or elsewhere in this Indenture or in the Securities 8 is intended to or shall impair, as among the Company, the Guarantors and the Holder, the obligations of the Company and the Holders of the Securities, the obligation of the CompanyGuarantors, which is absolute and unconditional, to pay to the Holders of the Securities Holder the principal of and of, Accreted Value of, premium, or interest on the Securities this Note as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities Holder and creditors of the Company other than the holders of the Senior Debt of the CompanyIndebtedness Parties, nor shall anything herein or therein prevent the Holder of any Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this IndentureNote, subject to the rights, if any, under this Article Eight of the holders 8 of the Senior Debt of the Company Indebtedness Parties in respect of cash, cash equivalents, property or securities of the Company and the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Eight 8 shall restrict the right of the Trustee or the Holders of Securities Holder to take any action to declare the Securities this Note to be due and payable prior to their its stated maturity pursuant to Section 6.01 7.1 or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt of the Company then due and payable Indebtedness shall first be indefeasibly paid in full in cash cash, or Cash Equivalents have provision made for such payment in a manner satisfactory to the Senior Indebtedness Parties, before the Holders of the Securities or the Trustee are Holder is entitled to receive any direct or indirect payment from, from the Company or on behalf the Guarantors of principal of, the Company Accreted Value of, interest on account of any Obligations on the Securities(and other obligations, if any, with respect to) this Note.

Obligations of the Company Unconditional. Nothing contained in this Article Eight Nine or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as among the Company and the Holders of the SecuritiesNotes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities Notes the principal of and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities Notes and creditors of the Company other than the holders of the Senior Debt Indebtedness of the Company, nor shall anything herein or therein prevent the Holder of any Security Note or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Eight Nine of the holders of the Senior Debt Indebtedness of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article Eight Nine shall restrict the right of the Trustee or the Holders of Securities Notes to take any action to declare the Securities Notes to be due and payable prior to their stated maturity pursuant to Section 6.01 6.02 87 94 or to pursue any rights or remedies hereunder; provided, however, that all Designated Senior Debt Indebtedness of the Company then due and payable shall first be paid in full in cash or Cash Equivalents before the Holders of the Securities Notes or the Trustee are entitled to receive any direct or indirect payment from, or on behalf of, from the Company on account of any Obligations principal of or interest on the SecuritiesNotes.