Common use of Article 12 Not to Prevent Events of Default Clause in Contracts

Article 12 Not to Prevent Events of Default. The failure to make a payment under the Subordinated Guarantee on account of Principal of or interest on the Convertible Securities by reason of any provision of this Article 12 or any applicable indenture supplemental hereto shall not be construed as preventing the occurrence of a Default or an Event of Default under Sections 7.01 or 7.02 or under any applicable indenture supplemental hereto or in any way prevent the Holders from exercising any right hereunder other than the right to receive payment under the Subordinated Guarantee on the Convertible Securities.

Article 12 Not to Prevent Events of Default. The failure to make a payment under the Subordinated Guarantee on account of Principal of or interest on the Convertible Securities by reason of any provision of this Article 12 or any applicable indenture supplemental hereto shall not be construed as preventing the occurrence of a Default or an Event of Default under Sections Section 7.01 or 7.02 or under any applicable indenture supplemental hereto or in any way prevent the Holders from exercising any right hereunder other than the right to receive payment under the Subordinated Guarantee on the Convertible Securities.