Common use of Provisions Solely to Define Relative Rights Clause in Contracts

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the Company; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) any premium and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation obligations of the Company, which is are absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is are intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of between the Company and the Holders of the SecuritiesHolders, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company)unconditional, to pay to the Holders of the Securities the principal of (and 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 (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the their rights in relation to holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the any Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of Indebtedness. If the Company fails because of this Article to receive cashpay principal (or premium, property and securities otherwise payable if any) or deliverable to interest on a Note on the Trustee due date, the failure is still a Default or such HolderEvent of Default.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its their creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyIssuers, its their creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the CompanyIssuers, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the CompanyIssuers), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Issuers of the Holders of the Securities and creditors of the Company Issuers other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a1) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) any premium and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b2) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company Company, as the case may be, other than the holders of Senior Debt of the CompanyIndebtedness; or (c3) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of Debentures on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Debentures is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesDebentures, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities Debentures the principal of (and premium, if any) and interest on the Securities Debentures as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities Debentures and creditors of the Company Company, as the case may be, other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article Sixteen are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article Sixteen of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyIssuers, its their creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the CompanyIssuers, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the CompanyIssuers), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Issuers of the Holders of the Securities and creditors of the Company Issuers other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders holders of the Securities the principal of (and premiumpremium and other amounts, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holderholder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyIssuer or the Guarantor, as the case may be, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the CompanyIssuer or the Guarantor, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company)unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Issuer or the Guarantor of the Holders of the Securities and creditors of the Company Issuer or the Guarantor, as the case may be, other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article XII of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XII of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article XIV are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article XIV or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article XIV of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XIV of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt Indebtedness of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt Indebtedness of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt Indebtedness of the Company, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt Indebtedness of the Company; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyOperating Partnership, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the CompanyOperating Partnership, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the CompanyOperating Partnership), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Operating Partnership of the Holders of the Securities and creditors of the Company Operating Partnership other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders holders on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyIssuers, its their creditors other than holders of Senior Debt of the Company and the Holders holders of the Securities, the obligation of the CompanyIssuers, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the CompanyIssuers), to pay to the Holders holders of the Securities the principal of (and premiumpremium and other amounts, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Issuers of the Holders holders of the Securities and creditors of the Company Issuers other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holderholder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and 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 (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Issuer on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyIssuer, its creditors other than holders of Senior Debt of the Company Issuer, the Guarantor and the Holders of the Securities, the obligation of the CompanyIssuer, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIssuer, is intended to rank equally with all other general obligations of the CompanyIssuer), to pay to the Holders of the Securities the principal of (and premium, if any) Principal and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Issuer of the Holders of the Securities and creditors of the Company Issuer other than the holders of Senior Debt of the CompanyIssuer; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Issuer to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article 6 are and are intended solely for the purpose of defining the relative rights of the Holders of the Notes, on the one hand hand, and the holders of Senior Debt of the Company Indebtedness, on the other hand. Nothing contained in this Article Section 6 or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesNotes, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article 6 of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally in right of payment with all other general obligations of the Company), to pay to the Holders of the Securities Notes the principal of of, premium (and 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 (b) affect the relative rights against the Company of the Holders of the Securities Notes and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security Notes from exercising all remedies otherwise permitted by applicable law upon default under this the Indenture, subject to the rights, if any, under this Article 6 of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the -76- Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article Agreement are and are intended solely for the purpose of defining the relative rights of the Holders Subordinated Creditor on the one hand and the holders of Lenders and the Senior Debt of the Company Creditors on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Agreement is intended to or shall (a) impair, as among the CompanyBorrower, its creditors other than holders of the Lenders, the Senior Debt of the Company Creditors (and the Holders of Agent and the SecuritiesRepresentative respectively on their behalf) and the Subordinated Creditor, the obligation of the CompanyBorrower, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyAgreement, is intended to rank equally with all other general obligations of the CompanyBorrower), to pay to the Holders of the Securities Subordinated Creditor the principal of (and of, premium, if any) , and interest on the Securities Non-Affiliate Subordinated Debt as and when the same shall become due and payable in accordance with their its terms; or (b) affect the relative rights against the Company of Borrower, the Holders of the Securities Subordinated Creditor and creditors of the Company Borrower other than the holders of Senior Debt of the CompanySubordinated Creditor; or (c) prevent the Trustee or the Holder of any Security Subordinated Creditor from exercising all remedies otherwise permitted by applicable law with respect to the Non-Affiliate Subordinated Debt upon default under this Indenturedefault, subject to the rights, if any, under this Article Agreement of the holders of Senior Debt Lenders, the Agent, for the benefit of the Company to receive cashLenders, property the Senior Creditors and securities otherwise payable or deliverable to the Trustee or such HolderRepresentatives.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness, and the Holders of the SecuritiesNotes, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities Notes the principal of (and premium, if any) and interest on on, and to make any repurchases required by Article 14 of, the Securities Notes as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities Notes and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt Indebtedness of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt Indebtedness of the Company, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt Indebtedness of the Company; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyCorporation, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the CompanyCorporation, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the CompanyCorporation), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Corporation of the Holders of the Securities and creditors of the Company Corporation other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities, on the one hand hand, and the holders of Senior Debt of the Company Indebtedness, on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among between the Company, its creditors other than the holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company)unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; terms and which, subject to the rights under this Article of the holders of Senior Indebtedness, is intended to rank equally with all other general obligations of the Company, or (b) is intended to or shall affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the Company; Indebtedness, nor shall anything herein or (c) therein prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and or securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article 11 are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Company Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article 11 or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Company Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article 11 of the holders of Company Senior Debt of the CompanyIndebtedness, is intended to rank equally in right of payment with all other general obligations of the Company), to pay to the Holders of the Securities the principal of of, premium (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Company Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 11 of the holders of Company Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Subordinated Securities is intended to or shall (a) impair, as among the CompanyIssuer, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Subordinated Securities, the obligation of the CompanyIssuer, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the CompanyIssuer), to pay to the Holders of the Subordinated Securities the principal of (and premium, if any) and interest on the Subordinated Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Issuer of the Holders of the Subordinated Securities and creditors of the Company Issuer other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Subordinated Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyIssuer, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the CompanyIssuer, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the CompanyIssuer), to pay to the Holders of the Securities the principal of (and premiumpremium and other amounts, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Issuer of the Holders of the Securities and creditors of the Company Issuer other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holderholder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Security is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and any interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security Securities from exercising all remedies otherwise permitted by applicable law upon default under this IndentureSecurity, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities or coupons appertaining thereto on the one hand hand, and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a1) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesSecurities or coupons appertaining thereto, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company)unconditional, to pay to the Holders of the Securities or coupons appertaining thereto the principal of (and premium, if any) and interest on the Securities or coupons appertaining thereto as and when the same shall become due and payable in accordance with their terms; or (b2) affect the relative rights against the Company of the Holders of the Securities or coupons appertaining thereto and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c3) prevent the Trustee or the Holder of any Security or coupon from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and or securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyCompany or, if applicable, the Parent Guarantor, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the CompanyCompany or, if applicable, the Parent Guarantor, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company)unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company or, if applicable, the Parent Guarantor of the Holders of the Securities and creditors of the Company or, if applicable, the Parent Guarantor other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any, on) and interest interest, if any, on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article Twelve are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article Twelve or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article Twelve of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), ) to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Twelve of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder. The holders of the Senior Debt and the Credit Facility Agent, as the case may be, shall be entitled to enforce the provisions of this Article Twelve against the Company, the Holders of the Securities and the Trustee.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders Holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors (other than holders Holders of Senior Debt of the Company Debt) and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders Holders of Senior Debt of the CompanyDebt, is intended tended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders Holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders Holders of Senior Debt of the Company to receive cash, property and securities Securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities of a series on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities of any series is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesSecurities of any series, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company)unconditional, to pay to the Holders of the Securities of a series the principal of (and premium, if any) and interest on the Securities of such series as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities of a series and creditors of the Company other than the holders Holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security of any series from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities, on the one hand hand, and the holders of SMS Senior Debt of the Company Indebtedness, on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanySMS, its creditors other than holders of SMS Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the CompanySMS, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of SMS Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the CompanySMS), to pay to the Holders SMS Allocable Payment Obligation in respect of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their termsthe terms of this Indenture; or (b) affect the relative rights against the Company SMS of the Holders of the Securities and creditors of the Company SMS other than the holders of SMS Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of SMS Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Debt, and the Holders of the Securities, the obligation obligations of the Company, which is are absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is are intended to rank equally with all other general unsecured obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities or Coupons is intended to or shall (a) impair, as among the CompanyTrust or the Corporation, as the case may be, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesHolders, the obligation of the such Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to the fullest extent permitted by law to rank equally with all other general obligations of the such Company), to pay to the Holders of the Securities and Coupons the principal of (and or premium, if any) and interest on the Securities and Coupons as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the such Company of the Holders of the Securities and creditors of the such Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article Sixteen are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article Sixteen of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness, and the Holders of the Securities, the obligation obligations of the Company, which is are absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Company, is Indebtedness are intended to rank equally with all other general unsecured obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and or securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a1) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b2) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the Company; or (c3) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article Section 13.03 through Section 13.16, inclusive, are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article Section 13.03 through Section 13.16, inclusive, or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the SecuritiesHolders, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of and interest (and premiumincluding Additional Interest, if any) and interest ), on the Securities Notes as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the any Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 13 of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article XIV are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article XIV or elsewhere in this Indenture or in the Securities is intended to or 72 shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article XIV of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XIV of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article Fifteen are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article Fifteen or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Fifteen of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere else where in this Indenture or in the Securities is intended to or shall (a) impaira)impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; , or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Notes on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesNotes, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities Notes the principal of (and 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 (b) affect the relative rights against the Company of the Holders of the Securities Notes and creditors of the Company other than their rights in relation to the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.. -71-

Provisions Solely to Define Relative Rights. The provisions of this Article X are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other handhand upon the occurrence of a Consolidation Event. Nothing contained in this Article X or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesHolders, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article X of the holders of Senior Debt Indebtedness upon the occurrence of the Companya Consolidation Event, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and 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 (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt Indebtedness upon the occurrence of the Companya Consolidation Event; or (c) prevent the Trustee or the any Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article X of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderHolder in respect of the Notes upon the occurrence of a Consolidation Event.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), ) to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.,

Provisions Solely to Define Relative Rights. The provisions of this Article Sixteen are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities, on the one hand hand, and the holders of Senior Debt of the Company Debt, on the other hand. Nothing contained in this Article Sixteen or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article Sixteen of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Sixteen of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the 103 Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of between the Company and the Holders of the SecuritiesHolders, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company)unconditional, to pay to the Holders of the Securities the principal of (and 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 (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the their rights in relation to holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the any Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of Indebtedness. If the Company fails because of this Article to receive cashpay principal (or premium, property and securities otherwise payable if any) or deliverable to interest on a Note on the Trustee due date, the failure is still a Default or such HolderEvent of Default.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities or Coupons is intended to or shall (a) impair, as among the CompanyTrust or the Corporation, as 100 the case may be, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesHolders, the obligation of the such Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to the fullest extent permitted by law to rank equally with all other general obligations of the such Company), to pay to the Holders of the Securities and Coupons the principal of (and or premium, if any) and interest on the Securities and Coupons as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the such Company of the Holders of the Securities and creditors of the such Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article Seventeen are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities, on the one hand hand, and the holders of Senior Debt of the Company Debt, on the other hand. Nothing contained in this Article Seventeen or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article Seventeen of the holders of Senior Debt of the CompanyDebt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyDebt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Seventeen of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining defin ing the relative rights of the Holders of Debentures on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Debentures is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesDebentures, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities Debentures the principal of (and premium, if any) and interest on the Securities Debentures as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities 115 Debentures and creditors of the Company Company, as the case may be, other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article XI are and are intended solely for the purpose of defining the relative rights of the Holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other handhand upon the occurrence of a Consolidation Event. Nothing contained in this Article XI or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesHolders, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article XI of the holders of Senior Debt Indebtedness upon the occurrence of the Companya Consolidation Event, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and 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 (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt Indebtedness upon the occurrence of the Companya Consolidation Event; or (c) prevent the Trustee or the any Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XI of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderHolder upon the occurrence of a Consolidation Event.

Provisions Solely to Define Relative Rights. The provisions of this Article Sixteen are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the CompanyPartnership, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the CompanyPartnership, which is absolute and unconditional (and which, subject to the rights under this Article Sixteen of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the CompanyPartnership), to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company Partnership of the Holders of the Securities and creditors of the Company Partnership other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of Debentures on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Amended and Restated Indenture or in the Securities Debentures is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesDebentures, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities Debentures the principal of (and premium, if any) and interest on the Securities Debentures as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities Debentures and creditors of the Company Company, as the case may be, other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Amended and Restated Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The -------------------------------------------- provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities or coupons appertaining thereto, on the one hand hand, and the holders of Senior Debt of the Company Indebtedness, on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities or coupons appertaining thereto is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of between the Company and the Holders of the SecuritiesSecurities or coupons appertaining thereto, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company)unconditional, to pay to the Holders of the Securities or coupons appertaining thereto the principal of (and premium, if any) and interest on the Securities or coupons appertaining thereto as and when the same shall become due and payable in accordance with their terms; , or (b) is intended to or shall affect the relative rights against the Company of the Holders of the Securities or coupons appertaining thereto and creditors of the Company other than the holders of Senior Debt of the Company; Indebtedness, nor shall anything herein or (c) therein prevent the Trustee or the Holder of any Security or coupon from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and or securities of the Company otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and premium, if any) any premium and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Notes on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this the Indenture or in the Securities Notes 19438429.8 219280-10005 12 is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesNotes, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities Notes the principal of (and 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 (b) affect the relative rights against the Company of the Holders of the Securities Notes and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default under this Second Supplemental Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Notes on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities Notes is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders of the SecuritiesNotes, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article XII of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities Notes the principal of (and 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 (b) affect the relative rights against the Company of the Holders of the Securities Notes and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XII of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders holders on the one hand and the holders of Senior Debt of the Company Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Company, its creditors other than holders of Senior Debt of the Company Indebtedness and the Holders holders of the Securities, the obligation of the Company, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the CompanyIndebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders holders of the Securities the principal of (and of, premium, if any) , interest and interest Additional Amounts, if any, on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Company of the Holders holders of the Securities and creditors of the Company other than the holders of Senior Debt of the CompanyIndebtedness; or (c) prevent the Trustee or the Holder holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt of the Company Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holderholder.