Common use of Default on Senior Indebtedness and/or Designated Senior Indebtedness Clause in Contracts

Default on Senior Indebtedness and/or Designated Senior Indebtedness. (a) In the event of any default in payment of the principal of or premium, if any, or interest on, or any other payment obligation under any Senior Indebtedness beyond any applicable grace period with respect thereto (a “Payment Default”), then, until all such payments due in respect of such Senior Indebtedness have been paid in full in cash or other consideration satisfactory to holders of Senior Indebtedness or such default shall have been cured or waived or shall have ceased to exist, no payment on account of the principal of, cash payments in respect of the Additional Amount or Coupon Make Whole Payments, if any, upon conversion, or interest (including Additional Interest, if any) on the Securities, and no redemption, purchase or other acquisition of the Securities, including payment of the Redemption Price or the Fundamental Change Purchase Price, shall be made by or on behalf of the Company. (b) In addition, if the Trustee shall receive written notice from one or more holders of Designated Senior Indebtedness or one or more representatives of such holder or holders that there has occurred and is continuing under such Designated Senior Indebtedness, or any agreement pursuant to which such Designated Senior Indebtedness is issued, any default (other than a Payment Default), which default shall not have been cured or waived, giving the holders of such Designated Senior Indebtedness the right to declare such Designated Senior Indebtedness immediately due and payable (a “Payment Blockage Notice”), then, anything contained in this First Supplemental Indenture to the contrary notwithstanding, no payment on account of the principal of, cash payments with respect to the Additional Amount or Coupon Make Whole Payments, if any, upon conversion, or interest (including Additional Interest, if any) on the Securities, and no redemption, purchase or other acquisition of the Securities, including payment of the Redemption Price or the Fundamental Change Purchase Price, shall be made by or on behalf of the Company during the period (the “Payment Blockage Period”) commencing on the date of receipt of the Payment Blockage Notice and ending on the earlier of 179 calendar days thereafter or the date on which such non-Payment Default is cured or waived or shall have ceased to exist. Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in Section 14.01 and Section 14.03(a)), unless the holder(s) of such Designated Senior Indebtedness or the representative(s) of such holder(s) shall have accelerated the maturity of such Designated Senior Indebtedness, the Company is required to resume payments on the Securities after the end of such Payment Blockage Period; provided that if the maturity of such Designated Senior Indebtedness is accelerated, no payment may be made on the Securities until such Designated Senior Indebtedness has been paid in full or such acceleration has been cured or waived. No new Payment Blockage Period may be commenced unless 365 calendar days have elapsed since the effectiveness of the prior Payment Blockage Notice. No default under Designated Senior Indebtedness that is not a Payment Default that existed or was continuing on the date of delivery of any Payment Blockage Notice delivered to the Trustee, unless such default was waived, cured or otherwise ceased to exist and thereafter subsequently reoccurred, shall be, or be made, the basis of a subsequent Payment Blockage Notice. (c) In the event any judicial proceeding shall be pending with respect to any Payment Default with respect to Senior Indebtedness or non-payment default with respect to Designated Senior Indebtedness, then, anything contained in this First Supplemental Indenture to the contrary notwithstanding, no payment on account of the principal of, cash payments in respect of the Additional Amount or Coupon Make Whole Payments, if any, upon conversion, or interest (including Additional Interest, if any) on the Securities, and no redemption, purchase or other acquisition of the Securities, including payment of the Redemption Price or the Fundamental Change Purchase Price, shall be made by or on behalf of the Company.

Default on Senior Indebtedness and/or Designated Senior Indebtedness. (a) In Anything contained in this Indenture to the event contrary notwithstanding, no payment on account of any default in payment of the principal of or premium, if any, or interest on, or any other payment obligation under any Senior Indebtedness beyond any applicable grace period with respect thereto (a “Payment Default”), then, until all such payments amounts due in respect of such Senior Indebtedness have been paid in full in cash or other consideration satisfactory to holders of Senior Indebtedness or such default shall have been cured or waived or shall have ceased to exist, no payment on account of the principal of, cash payments in respect of the Additional Amount or Coupon Make Whole Payments, if any, upon conversion, or interest Notes (including Additional Interest, if any) on without limitation the Securitiesmaking of a deposit pursuant to Section 3.6 or 4.6), and no redemption, purchase repurchase, or other acquisition of the Securities, including payment of the Redemption Price or the Fundamental Change Purchase PriceNotes, shall be made by or on behalf of the Company.Company unless: (a) full payment of all amounts then due for principal of and interest on, and of all other amounts then due on, all Senior Indebtedness has been made pursuant to the terms of the instruments governing such Senior Indebtedness; and (b) at the time for, and immediately after giving effect to, such payment, redemption, repurchase or other acquisition, there shall not exist under any Senior Indebtedness, or any agreement pursuant to which any Senior Indebtedness is issued, any default which shall not have been cured or waived and which default shall have resulted in the full amount of such Senior Indebtedness being declared due and payable. In addition, if the Trustee shall receive written notice from one or more the holders of Designated Senior Indebtedness or one or more representatives of such holder or holders their Representative (a "Payment Blockage Notice") that there has occurred and is continuing under such Designated Senior Indebtedness, or any agreement pursuant to which such Designated Senior Indebtedness is issued, any default (other than a Payment Default)default, which default shall not have been cured or waived, giving the holders of such Designated Senior Indebtedness the right to declare such Designated Senior Indebtedness immediately due and payable (a “Payment Blockage Notice”)payable, then, anything contained in this First Supplemental Indenture to the contrary notwithstanding, no payment on account of the principal of, cash payments with respect to the Additional Amount of or Coupon Make Whole Paymentspremium, if any, upon conversion, or interest (including Additional Interest, if any) on or any other amounts due on the SecuritiesNotes (including, without limitation, the making of a deposit pursuant to Section 3.6 or 4.6), and no redemption, purchase repurchase or other acquisition of the Securities, including payment of the Redemption Price or the Fundamental Change Purchase PriceNotes, shall be made by or on behalf of the Company during the period (the “"Payment Blockage Period”") commencing on the date of receipt of the Payment Blockage Notice and ending on the earlier of 179 calendar days thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the date on which Trustee and the Company from the Person or Persons who gave such non-Payment Default Blockage Notice, (ii) because the default giving rise to such Payment Blockage Notice is cured no longer continuing or waived (iii) because such Designated Senior Indebtedness has been repaid in full in cash or shall have ceased to existCash Equivalents). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in Section 14.01 11.1 and the first sentence of this Section 14.03(a)11.3), unless the holder(s) holders of such Designated Senior Indebtedness or the representative(s) Representative of such holder(s) holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company is required to may resume payments on the Securities Notes after the end of such Payment Blockage Period; provided that if the maturity of such Designated Senior Indebtedness is accelerated, no payment may be made on the Securities until such Designated Senior Indebtedness has been paid in full or such acceleration has been cured or waived. No new Payment Blockage Period may be commenced unless 365 calendar days have elapsed since the effectiveness of the prior Payment Blockage Notice. No default under Designated Senior Indebtedness that is not a Payment Default that existed or was continuing on the date of delivery of any Not more than one Payment Blockage Notice delivered to may be given in any consecutive 365-day period, irrespective of the Trustee, unless such default was waived, cured or otherwise ceased to exist and thereafter subsequently reoccurred, shall be, or be made, the basis number of a subsequent Payment Blockage Notice. (c) In the event any judicial proceeding shall be pending with respect to any Payment Default defaults with respect to Senior Indebtedness or non-payment default with respect to Designated Senior Indebtednessduring such period, then, anything contained in this First Supplemental Indenture except that if any Blockage Notice is delivered to the contrary notwithstanding, no payment on account of the principal of, cash payments in respect of the Additional Amount or Coupon Make Whole Payments, if any, upon conversion, or interest (including Additional Interest, if any) on the Securities, and no redemption, purchase or other acquisition of the Securities, including payment of the Redemption Price or the Fundamental Change Purchase Price, shall be made Trustee by or on behalf of holders of Designated Senior Indebtedness other than holders of the CompanyBank Indebtedness, a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period; provided, however, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect.

Default on Senior Indebtedness and/or Designated Senior Indebtedness. (a) In Anything contained in this Indenture to the event contrary notwithstanding, no payment on account of any default in payment of the principal of or premium, if any, or interest on, or any other payment obligation under any Senior Indebtedness beyond any applicable grace period with respect thereto (a “Payment Default”), then, until all such payments amounts due in respect of such Senior Indebtedness have been paid in full in cash or other consideration satisfactory to holders of Senior Indebtedness or such default shall have been cured or waived or shall have ceased to exist, no payment on account of the principal of, cash payments in respect of the Additional Amount or Coupon Make Whole Payments, if any, upon conversion, or interest Notes (including Additional Interest, if any) on without limitation the Securitiesmaking of a deposit pursuant to Section 3.6 or 4.6), and no redemption, purchase repurchase, or other acquisition of the Securities, including payment of the Redemption Price or the Fundamental Change Purchase PriceNotes, shall be made by or on behalf of the Company.Company unless: (a) full payment of all amounts then due for principal of and interest on, and of all other amounts then due on, all Senior Indebtedness has been made pursuant to the terms of the instruments governing such Senior Indebtedness; and (b) at the time for, and immediately after giving effect to, such payment, redemption, repurchase or other acquisition, there shall not exist under any Senior Indebtedness, or any agreement pursuant to which any Senior Indebtedness is issued, any default which shall not have been cured or waived and which default shall have resulted in the full amount of such Senior Indebtedness being declared due and payable. 50 In addition, if the Trustee shall receive written notice from one or more the holders of Designated Senior Indebtedness or one or more representatives of such holder or holders their Representative (a "Payment Blockage Notice") that there has occurred and is continuing under such Designated Senior Indebtedness, or any agreement pursuant to which such Designated Senior Indebtedness is issued, any default (other than a Payment Default)default, which default shall not have been cured or waived, giving the holders of such Designated Senior Indebtedness the right to declare such Designated Senior Indebtedness immediately due and payable (a “Payment Blockage Notice”)payable, then, anything contained in this First Supplemental Indenture to the contrary notwithstanding, no payment on account of the principal of, cash payments with respect to the Additional Amount of or Coupon Make Whole Paymentspremium, if any, upon conversion, or interest (including Additional Interest, if any) on or any other amounts due on the SecuritiesNotes (including, without limitation, the making of a deposit pursuant to Section 3.6 or 4.6), and no redemption, purchase repurchase or other acquisition of the Securities, including payment of the Redemption Price or the Fundamental Change Purchase PriceNotes, shall be made by or on behalf of the Company during the period (the “"Payment Blockage Period”") commencing on the date of receipt of the Payment Blockage Notice and ending on the earlier of 179 calendar days thereafter (or earlier if such Payment Blockage Period is terminated by written notice to the date on which Trustee and the Company from the Person or Persons who gave such non-Payment Default Blockage Notice; (i) because the default giving rise to such Payment Blockage Notice is cured no longer continuing; or (ii) because such Designated Senior Indebtedness has been repaid in full in cash or waived or shall have ceased to existCash Equivalents). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in Section 14.01 11.1 and the first sentence of this Section 14.03(a)11.3), unless the holder(s) holders of such Designated Senior Indebtedness or the representative(s) Representative of such holder(s) holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company is required to may resume payments on the Securities Notes after the end of such Payment Blockage Period; provided that if the maturity of such Designated Senior Indebtedness is accelerated, no payment may be made on the Securities until such Designated Senior Indebtedness has been paid in full or such acceleration has been cured or waived. No new Payment Blockage Period may be commenced unless 365 calendar days have elapsed since the effectiveness of the prior Payment Blockage Notice. No default under Designated Senior Indebtedness that is not a Payment Default that existed or was continuing on the date of delivery of any Not more than one Payment Blockage Notice delivered to may be given in any consecutive 365-day period, irrespective of the Trustee, unless such default was waived, cured or otherwise ceased to exist and thereafter subsequently reoccurred, shall be, or be made, the basis number of a subsequent Payment Blockage Notice. (c) In the event any judicial proceeding shall be pending with respect to any Payment Default defaults with respect to Senior Indebtedness or non-payment default with respect to Designated Senior Indebtednessduring such period, then, anything contained in this First Supplemental Indenture except that if any Blockage Notice is delivered to the contrary notwithstanding, no payment on account of the principal of, cash payments in respect of the Additional Amount or Coupon Make Whole Payments, if any, upon conversion, or interest (including Additional Interest, if any) on the Securities, and no redemption, purchase or other acquisition of the Securities, including payment of the Redemption Price or the Fundamental Change Purchase Price, shall be made Trustee by or on behalf of holders of Designated Senior Indebtedness other than holders of the CompanyBank Indebtedness, a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period; provided, however, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect.