Common use of Payment Permitted If No Default Clause in Contracts

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 or under the conditions described in Section 14.03 or 14.04, from making payments at any time of principal of (and premium, if any) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Notes shall prevent 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 14.02 1302 or under the conditions described in Section 14.03 or 14.041303, from making payments at any time of principal of (and premium, if any, on) or interest on the SecuritiesNotes.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 15.02 or under the conditions described in Section 14.03 15.03 or 14.0415.04, from making payments at any time of principal of (and premium, if any) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding winding-up, assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 14.02 1402 or under the conditions described in Section 14.03 or 14.041403, from making payments at any time of principal of (and of, premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 1202 or under the conditions described in Section 14.03 or 14.041203, from making payments at any time of principal of (and of, premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 1102 or under the conditions described in Section 14.03 or 14.041103, from making payments at any time of principal of (and premium, if any) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 16.02 or under the conditions described in Section 14.03 16.03 or 14.0416.04, from making payments at any time of principal of (and premium, if any) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding winding-up, assignment for the benefit of or creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 14.02 13.2 or under the conditions described in Section 14.03 or 14.0413.3, from making payments at any time of principal of (and of, premium, if any) , or interest on the Securities.. 101

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities Notes shall prevent 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 14.02 1202 or under the conditions described in Section 14.03 or 14.041203, from making payments at any time of principal of (of, and premium, if any) , or interest on the SecuritiesNotes.

Payment Permitted If No Default. Nothing contained in this Article 11 or elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency case of any caseinsolvency, proceedingreceivership, dissolutionconservatorship, liquidation reorganization, readjustment or other winding updebt, assignment for the benefit of creditors or other marshalling of assets and liabilities or similar proceedings or any liquidation or winding-up of or relating to the Company referred to in Section 14.02 or under the conditions described in Section 14.03 or 14.0411.01, from making payments at any time of principal of (and premium, if any) Principal or interest on the SecuritiesSecurities or as provided in the third paragraph of Section 11.01.

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 13.2 or under the conditions described in Section 14.03 or 14.0413.3, from making payments at any time of principal of (and of, premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation Insolvency or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company Liquidation Proceeding referred to in Section 14.02 14.2 hereof or under the conditions described in Section 14.03 or 14.0414.3 hereof, from making payments at any time of principal of (and premium, if any, on) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article ARTICLE XVI or elsewhere in this Indenture Indenture, or in any of the Securities Securities, shall prevent (a) the Company, Company at any time time, except during the pendency of any casedissolution, proceeding, dissolutionwinding up, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company reorganization proceedings referred to in Section 14.02 in, or under the conditions described in in, Section 14.03 or 14.0416.01, from making payments at any time of the principal of (and or premium, if any) or interest on the Securities., or

Payment Permitted If No Default. Nothing contained in this Article 11 or elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency case of any caseinsolvency, proceedingreceivership, dissolutionconservatorship, liquidation or other winding upreorganization, assignment for the benefit readjustment of creditors or other debt, marshalling of assets and liabilities or similar proceedings or any liquidation or winding-up of or relating to the Company referred to in Section 14.02 or under 11.01, and except as required by any regulatory enforcement action of any governmental body relating to the conditions described in Section 14.03 or 14.04Company, from making payments at any time of principal of (and premium, if any) Principal or interest on the SecuritiesSecurities or as provided in the third paragraph of Section 11.01.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 1402 or under the conditions described in Section 14.03 or 14.041403, from making payments at any time of principal of (and premium, if any, on) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency case of any caseinsolvency, proceedingreceivership, dissolutionconservatorship, liquidation reorganization, readjustment or other winding updebt, assignment for the benefit of creditors or other marshalling of assets and liabilities or similar proceedings or any liquidation or winding-up of or relating to the Company referred to in Section 14.02 or under the conditions described in Section 14.03 or 14.04, 1301 from making payments at any time of principal of (and premium, if any) or interest on the Securities.. ARTICLE FOURTEEN

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 15.2 or under the conditions described in Section 14.03 15.3 or 14.0415.4, from making payments at any time of principal of (and premium, if any) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 1202 or under the conditions described in Section 14.03 or 14.041203, from making payments at any time of principal of (and of, premium, if any) , or interest on the Securities.. 135

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 4.02 or under the conditions described in Section 14.03 or 14.044.03, from making payments at any time of principal of (of, and premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article 15 or elsewhere in this Indenture or in any of the Securities shall prevent the Company, Company at any time except during the pendency of any case, proceeding, dissolutionliquidation, liquidation dissolution or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 14.02 15.02 or under the conditions described in Section 14.03 or 14.0415.03, from making payments at any time of principal of (and or premium, if any, on) or interest interest, if any, on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding winding-up, assignment for the benefit of or creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 14.02 13.2 or under the conditions described in Section 14.03 or 14.0413.3, from making payments at any time of principal of (and of, premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 13.02 or under the conditions described in Section 14.03 or 14.0413.03, from making payments at any time of principal of (of, and premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the other Securities shall prevent 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 14.02 1202 or under the conditions described in Section 14.03 or 14.041203, from making payments at any time of principal of (and of, premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 or under the conditions described in Section 14.03 or 14.041102, from making payments at any time of principal of (and premium, if any) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 12.02 or under the conditions described in Section 14.03 or 14.0412.03, from making payments at any time of principal of (of, and premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency case of any caseinsolvency, proceedingreceivership, dissolutionconservatorship, liquidation reorganization, readjustment or other winding updebt, assignment for the benefit of creditors or other marshalling of assets and liabilities or similar proceedings or any liquidation or winding-up of or relating to the Company referred to in Section 14.02 or under the conditions described in Section 14.03 or 14.04, 1301 from making payments at any time of principal of (and premium, if any) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 1302 or under the conditions described in Section 14.03 or 14.041303, from making payments at any time of principal of (and premiumof, or premium or Liquidated Damages, if any) , or interest on the Securities.. 102

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding winding-up, assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 14.02 11.02 or under the conditions described in Section 14.03 or 14.0411.03, from making payments at any time of principal of (and of, premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities of any series shall prevent the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding winding-up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 14.02 1202 or under the conditions described in Section 14.03 1203 or 14.041204, from making payments at any time of principal of (and premium, if any) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 15.02 or under the conditions described in Section 14.03 15.03 or 14.0415.04, from making payments at any time of principal of (and premium, if any) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article XIII or elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency case of any caseinsolvency, proceedingreceivership, dissolutionconservatorship, liquidation reorganization, readjustment or other winding updebt, assignment for the benefit of creditors or other marshalling of assets and liabilities or similar proceedings or any liquidation or winding-up of or relating to the Company referred to in Section 14.02 or under the conditions described in Section 14.03 or 14.0413.01, from making payments at any time of principal of (and premium, if any) Principal or interest on the SecuritiesSecurities or as provided in the third paragraph of Section 13.01. Article XIV.

Payment Permitted If No Default. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 1302 or - 146 - under the conditions described in Section 14.03 1303 or 14.04, 1304 from making payments at any time of principal of (and premium, if any) or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 12.2 or under the conditions described in Section 14.03 or 14.0412.3, from making payments at any time of principal of (of, and premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or 11, elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding winding-up, assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 14.02 11.02 or under the conditions described in Section 14.03 or 14.0411.03, from making payments at any time of principal of (and of, premium, if any) , or interest (including Contingent Interest, if any) on the Securities.

Payment Permitted If No Default. 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 14.02 or under the conditions described in Section 14.03 or 14.04, from making payments at any time of principal of (and premium, if any) or interest on the Securities.general assignment

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the Securities shall prevent 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 14.02 1202 or under the conditions described in Section 14.03 or 14.041203, from making payments at any time of principal of (and of, premium, if any) , or interest (including Contingent Cash Interest and Additional Interest) on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the other Securities shall prevent 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 14.02 12.02 or under the conditions described in Section 14.03 or 14.0412.03, from making payments at any time of principal of (and of, premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding winding-up, assignment for the benefit of creditors or other marshalling marshaling of assets and liabilities of the Company referred to in Section 14.02 1202 or under the conditions described in Section 14.03 or 14.041203, from making payments at any time of principal of (and of, premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article 16 or elsewhere in this Indenture or in any of the Securities shall prevent the Company, Company at any time except during the pendency of any case, proceeding, dissolutionliquidation, liquidation dissolution or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 14.02 16.2 or under the conditions described in Section 14.03 or 14.0416.3, from making payments at any time of principal of (and or premium, if any, on) or interest interest, if any, on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or Article, elsewhere in this Indenture or in any of the Securities shall prevent the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding winding-up, assignment for the benefit of or creditors or other marshalling 102 marshaling of assets and liabilities of the Company referred to in Section 14.02 13.2 or under the conditions described in Section 14.03 or 14.0413.3, from making payments at any time of principal of (and of, premium, if any) , or interest on the Securities.

Payment Permitted If No Default. Nothing contained in this Article or elsewhere in this Indenture or in any of the Securities shall prevent the Company, Company at any time except during the pendency of any case, proceeding, dissolutionliquidation, liquidation dissolution or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 14.02 1302 or under the conditions described in Section 14.03 or 14.041303, from making payments at any time of principal of (and or premium, if any) or interest on the SecuritiesSecurities or the payment of any coupon.