Common use of Optional Payments and Modifications of Certain Debt Instruments Clause in Contracts

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to the principal of the Convertible Notes or any Subordinated Debt (provided that (i) the Parent Borrower may issue Capital Stock upon conversion of the Convertible Notes in accordance with their terms and (ii) the Convertible Notes and any Subordinated Debt may be refinanced with other Subordinated Debt); (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, the Convertible Note Documents or any Subordinated Debt Indenture (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal or reduce the rate or extend any date for payment of interest and (ii) does not involve the payment of a consent fee); or (d) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as “Designated Senior Indebtedness” (or any other defined term having a similar purpose) for the purposes of any Subordinated Debt Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Subordinated Debt, or enter into any derivative or other transaction with any Derivatives Counterparty obligating the principal of the Convertible Notes Borrower or any Subordinated Debt (provided that (i) the Parent Borrower may issue Capital Stock upon conversion Subsidiary to make payments to such Derivatives Counterparty as a result of the Convertible Notes any change in accordance with their terms and (ii) the Convertible Notes and market value of any Subordinated Debt may be refinanced with other Subordinated Debt); , (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the Convertible Note Documents or terms of any Subordinated Debt Indenture (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee); , or (dc) designate any Indebtedness (other than obligations of the Loan Parties Borrower pursuant to the Loan Documents) as “"Designated Senior Indebtedness” (or any other defined term having a similar purpose) " for the purposes of any Subordinated Debt Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to principal, interest or other amounts with respect to any Additional Subordinated Debt, provided, that so long as no Default or Event of Default shall have occurred and be continuing or would result therefrom, the principal of the Convertible Notes or any Subordinated Debt (provided that (i) the Parent Borrower may issue Capital Stock upon conversion of pay scheduled interest payments on the Convertible Notes in accordance with their terms and (ii) the Convertible Notes and any Subordinated Debt may be refinanced with other Additional Subordinated Debt); (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the Convertible Note Documents or any terms of the Additional Subordinated Debt Indenture Documentation (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee); or (dc) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as “Designated "Senior Indebtedness” " (or any other defined term having a similar purpose) for the purposes of any the Additional Subordinated Debt IndentureDocumentation.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of of, or otherwise optionally or voluntarily defease or segregate funds with respect to Holdco to defease or segregate funds with respect to, any Indebtedness (other than any Scheduled Debt that is not subordinated in right of payment to the principal Obligations), other than with the proceeds of the Convertible Notes Refinancing Indebtedness or any Subordinated Debt (provided that (i) the Parent Borrower may issue Capital Stock upon conversion of the Convertible Notes in accordance with their terms and (ii) the Convertible Notes and any Subordinated Debt may be refinanced with other Subordinated Debt); (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the Convertible Note Documents or terms of any subordinated Indebtedness included in the Scheduled Debt (including the Senior Subordinated Debt Indenture (Notes and the Holdco Notes), other than any such amendment, modification, waiver or other change that (i) (A) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or (B) is not adverse in any respect to the interests of the Borrowers or Lenders in the reasonable opinion of the U.S. Required Lenders and (ii) does not involve the payment of a consent fee); fee or (dc) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as “Designated Senior Indebtedness” (or any other defined term having a similar purpose) for the purposes of any the Senior Subordinated Debt Notes and the Senior Subordinated Notes Indenture or the Holdco Notes and Holdco Notes Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to the principal Senior Subordinated Notes or the Senior Discount Debentures (other than such a payment, prepayment, repurchase or redemption of the Convertible Notes or Senior Discount Debentures with the proceeds of any Subordinated Debt (provided that (i) the Parent Borrower may issue Capital Stock upon conversion of the Convertible Notes in accordance with their terms and (ii) the Convertible Notes and any Subordinated Debt may be refinanced with other Subordinated DebtSenior Discount Debenture Refinancing); , (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the Convertible Note Documents terms of the Senior Subordinated Notes, the Senior Discount Debentures or any Subordinated Debt Indenture Senior Discount Debenture Refinancing (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a material consent fee); , or (dc) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as “"Designated Senior Indebtedness” (or any other defined term having a similar purpose) " for the purposes of any the Senior Subordinated Debt Note Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to Indebtedness under any Indenture or enter into any derivative or other transaction with any Derivatives Counterparty obligating the principal of Company, the Convertible Notes Borrower or any Subordinated Debt (provided that (i) the Parent Borrower may issue Capital Stock upon conversion Subsidiary to make payments to such Derivatives Counterparty as a result of the Convertible Notes any change in accordance with their terms and (ii) the Convertible Notes and market value of any Subordinated Debt may be refinanced with other Subordinated Debt)such Indebtedness; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the Convertible Note Documents or any Subordinated Debt Indenture terms of Indebtedness under the Indentures (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee); or (dc) designate enter into or be party to, or make any payment under, any Synthetic Purchase Agreement with respect to any Indebtedness (other than obligations the making or offering to make of the Loan Parties pursuant to the Loan Documents) as “Designated Senior Indebtedness” (any optional or voluntary payment or prepayment thereon, or any other defined term having a similar purpose) for repurchase or redemption thereof, or the purposes optional or voluntary defeasance or segregation of any Subordinated Debt Indenture.funds with respect thereto, the Company and its Subsidiaries are otherwise prohibited from doing under this Section 7.8; except:

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to Except as permitted by Section 9.6(c), make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to the principal of the Convertible Notes or any Subordinated Debt (provided that (i) the Parent Borrower may issue Capital Stock upon conversion Indebtedness or enter into any derivative or other transaction with any Derivatives Counterparty obligating it to make payments to such Derivatives Counterparty as a result of the Convertible Notes any change in accordance with their terms and (ii) the Convertible Notes and any market value of Subordinated Debt may be refinanced with other Subordinated Debt); Indebtedness, (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the Convertible Note Documents or any terms of Subordinated Debt Indenture Indebtedness (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee); ) or (dc) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as “"Designated Senior Indebtedness” (or any other defined term having a similar purpose) " for the purposes of any indenture pursuant to which Subordinated Debt IndentureIndebtedness is issued.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to the principal of the Convertible Notes or any Subordinated Debt (provided that (i) the Parent Borrower may issue Capital Stock upon conversion of the Convertible Notes in accordance with their terms and (ii) the Convertible Notes and any Subordinated Debt may be refinanced with other Subordinated Debt); (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the Convertible Note Documents or terms of any Subordinated Debt Indenture (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or waive any default or make any covenant less restrictive and (ii) does not involve the payment of a consent fee); (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Preferred Stock (other than any such amendment, modification, waiver or other change that (i) would extend the scheduled redemption date or reduce the amount of any scheduled redemption payment or reduce the rate or extend any date for payment of dividends thereon and (ii) does not involve the payment of a consent fee); or (d) designate any Indebtedness (other than obligations of the Loan Parties Borrowers pursuant to the Loan Documents) as “Designated "Senior Indebtedness” Debt" (or any other defined term having a similar purpose) for the purposes of any the Senior Subordinated Debt Note Indenture or the Junior Subordinated Note Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to the principal of the Convertible Senior Subordinated Notes or any Subordinated Debt the Senior Discount Debentures (provided that other than (i) the Parent Borrower may issue Capital Stock upon conversion of the Convertible Notes in accordance with their terms Redemption and (ii) such a payment, prepayment, repurchase or redemption of the Convertible Notes and Senior Discount Debentures with the proceeds of any Subordinated Debt may be refinanced with other Subordinated Debt); Senior Discount Debenture Refinancing, (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the Convertible Note Documents terms of the Senior Subordinated Notes, the Senior Discount Debentures or any Subordinated Debt Indenture Senior Discount Debenture Refinancing (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a material consent fee); , or (dc) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as “Designated Senior Indebtedness” (or any other defined term having a similar purpose) for the purposes of any the Senior Subordinated Debt IndentureNote Indentures.