Common use of Default on Senior Indebtedness of the Company Clause in Contracts

Default on Senior Indebtedness of the Company. The Company may not pay any amount in respect of the Obligations in respect of the Notes and the Indenture or make any deposit pursuant to Section 8.1 and may not repurchase, redeem or defease any Notes (collectively, "pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (i) any Designated Senior Indebtedness of the Company is not paid when due or (ii) any other default on such Designated Senior Indebtedness occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalents; PROVIDED, HOWEVER, that the Company may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such Designated Senior Indebtedness. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not pay the Notes for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of written notice of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after such Payment Blockage Period. During any 360-day period, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect of the Obligations in respect of principal of, premium, if any, or interest on the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease (except for Securities delivered to the Trustee pursuant to the second sentence of paragraph 6 of the Securities) otherwise retire any Notes Securities (except for any redemption pursuant to paragraph 6 of the Securities) (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "Payment Default") if occurs (i1) any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes without Securities ----without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such any Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, however, that if any Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive Notice within such 360-day period when is given by or -on behalf of any holders of Designated Senior Indebtedness of the Company (other than the Bank Indebtedness), the Representative of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; provided further, however, that in no event shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360-day consecutive period, and there must be 181 days during any 360-day consecutive period during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of the Obligations in respect of or interest on the Notes and the Indenture or make any deposit pursuant to Section 8.1 8.01 of the Indenture and may not repurchasepurchase, redeem or defease otherwise retire any Notes (collectively, "“pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof”) if either of the following (ia “Payment Default”) occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such any Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. During The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods under this Article X shall not is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period Third Supplemental Indenture by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount the principal of, premium, if any, or interest on the Securities (except in respect of Permitted Junior Securities or from the Obligations trust described in respect of the Notes and the Indenture Article 8) or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease otherwise retire any Notes Securities (except in Permitted Junior Securities or from the trust described in Article 8) (collectively, "pay the NotesPAY THE SECURITIES") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "PAYMENT DEFAULT") if occurs: (i1) any Designated Senior Indebtedness of the Company is not paid in full in cash when due due, or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDED, HOWEVER, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage PeriodPAYMENT BLOCKAGE PERIOD") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) a written notice (a "BLOCKAGE NOTICE") of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing), or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence above paragraph (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than the Bank Indebtedness), the Representative of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; PROVIDED FURTHER, HOWEVER, that in no event shall the total number of days during which any Payment Blockage Period or Periods under this Article X shall not is in effect exceed 179 days in the aggregate during any 360-consecutive-day period, and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect of the Obligations in respect of principal of, premium, if any, or interest on the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease (except for Securities delivered to the Trustee pursuant to the second sentence of paragraph 6 of the Securities) otherwise retire any Notes Securities (except for any redemption pursuant to paragraph 6 of the Securities) (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "Payment Default") if occurs (i1) any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Securities -------- ------- without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such any Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, -------- however, that if any Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive Notice within such 360-day period when is given by or ------- on behalf of any holders of Designated Senior Indebtedness of the Company (other than the Bank Indebtedness), the Representative of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; provided -------- further, however, that in no event shall the total number of days during which ------- ------- any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360-day consecutive period, and there must be 181 days during any 360-day consecutive period during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of the Obligations in respect of or interest on the Notes and the Indenture or make any deposit pursuant to Section 8.1 8.01 of the Indenture and may not repurchasepurchase, redeem or defease otherwise retire any Notes (collectively, "“pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof”) if either of the following (ia “Payment Default”) occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such any Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. During The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods under this Article X shall not is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of the Obligations in respect of or interest on the Notes and the Indenture or make any deposit pursuant to Section 8.1 8.01 of this Indenture and may not repurchasepurchase, redeem or defease otherwise retire any Notes (collectively, "pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization except that Noteholders may receive and retain Permitted Junior Securities and payments and other distributions made from any defeasance trust created funds deposited with the Trustee pursuant to Section 8.1 hereof8.01 or 8.02) if either of the following (ia "Payment Default") occurs (a) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (iib) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which a Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. During The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period defaults with respect to Designated Senior Indebtedness of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effectthe Company during such period. For purposes of this Section 10.3Section, no nonpayment default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may not pay any amount in respect the principal of or interest on the Obligations in respect of the Notes and the Indenture Debentures or make any deposit pursuant to Section 8.1 9.1 and may not repurchase, redeem or defease otherwise retire any Notes Debentures (collectively, "pay the NotesDebentures") (other than in accordance with the conversion provision form of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created funds deposited by the Company pursuant to Section 8.1 hereof9.1) if (i) any Designated Senior Indebtedness of the Company is not paid when due or (ii) any other default on such Designated Senior Indebtedness occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentsfull; PROVIDEDprovided, HOWEVERhowever, that the Company may pay the Notes Debentures without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative representative of such Designated Senior IndebtednessIndebtedness with respect to which either of the events set forth in clause (i) or (ii) of this sentence has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not pay the Notes Debentures for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice of such default (a "Blockage Notice") of such default from the Representative representative of the holders of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuingcontinuing or (iii) because such Senior Indebtedness has been repaid in full). Notwithstanding the provisions described in of the immediately preceding sentence (but subject to the provisions contained in of the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes Debentures after such Payment Blockage Period. During The Debentures shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effectdefaults with respect to Senior Indebtedness during such period. For purposes of this Section 10.3Section, no default or event of 41 48 default that with respect to the Senior Indebtedness and which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating and which initiated such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay the principal of, premium, if any, or interest on the Notes or any amount in respect other payment Obligation of the Obligations Company in respect of the Notes and (including any Obligation to repurchase the Indenture Notes) or make any deposit pursuant to Section 8.1 Article 8, and may not repurchasepurchase, redeem or defease otherwise retire any Notes (collectively, "pay the NotesPAY THE NOTES") if either of the following occurs (other than in accordance with the conversion provision a "PAYMENT DEFAULT"): (1) any portion of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (i) any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unlessterms; UNLESS, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDED, HOWEVER, that the Company may shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes for a period (a "Payment Blockage PeriodPAYMENT BLOCKAGE PERIOD") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of a written notice (a "BLOCKAGE NOTICE") of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing), or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence above paragraph (but subject to the provisions contained in the first sentence of this Section 10.310.03), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall Designated Senior Indebtedness have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. During The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of the holders of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; PROVIDED FURTHER, HOWEVER, that in no event shall 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, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The --------------------------------------------- Company may not pay any amount in respect of the Obligations in respect of principal of, premium, if any, or interest or Liquidated Damages, if any, on the Notes and the Indenture or make any deposit pursuant to Section 8.1 and may not repurchase, redeem ----------- or defease otherwise retire any Notes (collectively, "pay the Notes") (other than ------------- payments in accordance with the conversion provision form of Article XI hereof or with Subordinated Reorganization Permitted Junior Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 ----------- hereof) if (i) any Designated Senior Indebtedness of the Company is not paid when due or (ii) any other default on such Designated Senior Indebtedness occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentsfull; PROVIDEDprovided, HOWEVERhowever, that the Company may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such Designated Senior IndebtednessIndebtedness with respect to which either of the events set forth in clause (i) or (ii) has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the immediately preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not pay the Notes for a period (a "Payment Blockage ---------------- Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) ------ of written notice of such default (a "Blockage Notice") of such default from the Representative --------------- of the holders of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the a Representative of the holders of such Designated Senior Indebtedness shall have has notified the Trustee that the default giving rise to such Blockage Notice is no longer continuingcontinuing or (iii) because such Designated Senior Indebtedness has been repaid in full in cash). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3), unless the holders of such Designated ------------ Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after such Payment Blockage Period. During The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effectdefaults with respect to Designated Senior Indebtedness during such period. For purposes of this Section 10.3, no default ------------ or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay make any amount payment in respect of the Subordinated Obligations in respect if either of the Notes and the Indenture or make any deposit pursuant to Section 8.1 and may not repurchase, redeem or defease any Notes following (collectively, "pay the Notes"a “Payment Default”) occurs: (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (ia) any Designated Senior Indebtedness of the Company is not paid in full in cash when due or due; [or] (iib) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalents; PROVIDED, HOWEVER, that the Company may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such Designated Senior Indebtedness. During the continuance of any default (other than a default described in clause (i) cash[ or (iic) of the preceding sentence) any other default with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such accelerationacceleration or the expiration of any applicable grace periods)]2; provided, however, that the Company shall be entitled to pay the Subordinated Obligations without regard to the foregoing if the Company receives written notice approving such payment from all Senior Lenders with respect to which the Payment Default has occurred and is continuing. 1 Provisions may be contained in the instrument evidencing the Subordinated Obligations. 2 Only required to be included with respect to Subordinated Obligations owed to any Restricted Subsidiary pursuant to Sections 6.01(c) or (p) of the Credit Agreement. [During the continuance of any default (other than a Payment Default) (a “Non-Payment Default”) with respect to any Senior Indebtedness pursuant to which the maturity thereof may be accelerated without further notice (except such notice as may be required to effect such acceleration or the expiration of any applicable grace periods), the Company may shall not pay make any payment in respect of the Notes Subordinated Obligations for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company and the Trustee of written notice (a “Blockage Notice”) of such default (a "Blockage Notice") Non-PaymentDefault from the Representative Senior Lenders holding a majority in aggregate amount of such Designated the Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Senior Indebtedness has been repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3)above, unless the holders of such Designated Senior Indebtedness or the Representative of such holders Senior Lenders shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness or a Payment Default has occurred and is continuing, the Company may shall be permitted to resume payments on paying the Notes Subordinated Obligations after the end of such Payment Blockage Period. During any 360-day period, the aggregate of all The Subordinated Obligations shall not be subject to more than one Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days Period in each any consecutive 360-day period when irrespective of the number of Non-Payment Defaults with respect to Senior Indebtedness during such period; provided that if any Payment Blockage Notice is delivered to the Company by or on behalf of the Senior Lenders, a representative of the Senior Lenders shall be entitled to give another Payment Blockage Notice within such period. However, that in no event shall the total number of days during which any Payment Blockage Period or Periods on the notes is in effect exceed 179 days in the aggregate during any consecutive 365-day period, and there must be at least 186 days during any consecutive 365-day period during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Notwithstanding the foregoing, no default or event of default Non-Payment Default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated any Senior Indebtedness initiating and that was the basis for the initiation of such Payment Blockage Period to the Company shall be, or be made, the basis of the commencement of for a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Lenders unless such default or event of default shall have has been cured or waived for a period of not less than 90 consecutive days.days (it being acknowledged that any subsequent action, or any breach of any financial covenants during the period after the date of delivery of such initial Blockage Notice, that, in either case, would give rise to a Non-Payment Default pursuant to any provisions under which a Non-Payment Default previously existed or was continuing shall constitute a new Non-Payment Default for this purpose). ]3

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of or interest on the Obligations in respect of the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease otherwise retire any Notes Securities (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with a "Payment Default") occurs (1) any default on the conversion provision payment of Article XI hereof all or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (i) portion of the Obligations on any Designated Senior Indebtedness of the Company is not paid when due Company; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDED, HOWEVER, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such any Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall Designated Senior Indebtedness have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period defaults with respect to Designated Senior Indebtedness of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effectthe Company during such period. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 180 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount (in cash, property, securities or other assets), the principal of, interest on or other Obligations owing with respect of to the Obligations in respect of the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 or 8.02 and may not repurchasepurchase, redeem or defease otherwise retire or acquire any Notes Securities (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "Payment Default") if occurs (i1) any Obligations with respect to Designated Senior Indebtedness of the Company is are not paid in full when due or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentsfull; PROVIDED, HOWEVER, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after such Payment Blockage Period. During any 360-day period, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.terminated

Default on Senior Indebtedness of the Company. The Company may not pay any amount in respect of the Obligations in respect of principal of, premium, if any, or interest or Liquidated Damages, if any, on the Notes and the Indenture or make any deposit pursuant to Section 8.1 8.01 and may not repurchase, redeem or defease any Notes (collectively, "pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 8.01 hereof) if (i) any Designated Senior Indebtedness of the Company is not paid when due or (ii) any other default on such Designated Senior Indebtedness occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentsfull; PROVIDED, HOWEVER, that the Company may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such Designated Senior Indebtedness. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not pay the Notes for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.310.03), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after such Payment Blockage Period. During Not more than one Blockage Notice may be given in any consecutive 360-day period, irrespective of the aggregate number of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effectdefaults with respect to Designated Senior Indebtedness during such period. For purposes of this Section 10.310.03, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may not pay any amount in respect of the Obligations in respect of principal of, premium (if any) or interest on the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchaseotherwise purchase, redeem or defease otherwise retire any Notes Securities (collectively, "pay the NotesSecurities") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (i) any Designated Senior Indebtedness of the Company is not paid when due or (ii) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentsfull; PROVIDEDprovided, HOWEVERhowever, that the Company may pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of the holders of such Designated Senior IndebtednessIndebtedness with respect to which either of the events in clause (i) or (ii) of this sentence has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice of such default (a "Blockage Notice") of such default from the Representative of such the holders of the Designated Senior Indebtedness of the Company specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and (with a copy to the Company Company) from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of because such Designated Senior Indebtedness has been repaid in full or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes Securities after such Payment Blockage Period, including any missed payments. During Not more than one Blockage Notice may be given in any 360-day period, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effect. For purposes of this Section 10.3104 96 period, no default or event of default that existed or was continuing on the date irrespective of the commencement number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, however, that if any Blockage Notice within such 360-day period is given by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than the Bank Indebtedness), the Representative of the Bank Indebtedness may give another Blockage Notice within such period; provided further, however, that in no event may the total number of days during which any Payment Blockage Period with respect to or Periods is in effect exceed 179 days in the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of aggregate during any 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysday period.

Default on Senior Indebtedness of the Company. The Company may shall not pay the principal of, premium, if any, or interest on the 6⅝% Notes or any amount other payment obligation in respect of the Obligations in respect of 6⅝% Notes (including any obligation to purchase the Notes and the Indenture 6⅝% Notes) or make any deposit pursuant to Section 8.1 Article Four or Thirteen and may not repurchasepurchase, redeem or defease otherwise retire any 6⅝% Notes (collectively, "“pay the 6⅝% Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof”) if 57 either of the following (ia “Payment Default”) occurs: (1) any Obligation on Designated Senior Indebtedness of the Company is not paid in full when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash equivalents; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the 6⅝% Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the 6⅝% Notes for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company Trustee and the Trustee Company of a written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash or cash equivalents. Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3)paragraph, unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be permitted to resume payments on the 6⅝% Notes after the end of such Payment Blockage Period. During The 6⅝% Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, however, that 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, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may not pay any amount in respect of the Obligations in respect of principal of, premium (if any) or interest on, the Notes and the Indenture or make any deposit pursuant to Section 8.1 and may not repurchase, redeem or defease otherwise retire any Notes (collectively, "pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (i) any Designated Senior Indebtedness of the Company is not paid in full in cash or cash equivalents when due or (ii) any other default on such Designated Senior Indebtedness occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalents; PROVIDEDcash equivalents. However, HOWEVER, that the Company may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such the Designated Senior IndebtednessIndebtedness with respect to which either of the events set forth in clause (i) or (ii) of the immediately preceding sentence has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the second preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not pay the Notes for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice of such default (a "Blockage Notice") of such default from the Representative of the holders of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuingcontinuing or (iii) because such Designated Senior Indebtedness has been repaid in full). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained described in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after the end of such Payment Blockage Period. During Subject to the provisions described in the first sentence of this Section 10.3, the Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effectdefaults with respect to Designated Senior Indebtedness during such period. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of or interest on the Obligations in respect of the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease otherwise retire any Notes Securities (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from a "Payment Default") occurs (1) any defeasance trust created pursuant to Section 8.1 hereof) if (i) Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such any Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods under this Article X shall not is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.. 113

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of, premium, if any, or interest on the Subordinated Obligations if either of the Obligations in respect of the Notes and the Indenture or make any deposit pursuant to Section 8.1 and may not repurchase, redeem or defease any Notes following (collectively, "pay the Notes"a “Payment Default”) occurs: (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (ia) any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (iib) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Subordinated Obligations without regard to the foregoing if the Company and the Trustee receive receives written notice approving such payment from all Senior Lenders with respect to which the Representative of such Designated Senior IndebtednessPayment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause Payment Default) (i) or (ii) of the preceding sentencea “Non-Payment Default”) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or 7 Provisions may be contained in the instrument evidencing the Subordinated Obligations. the expiration of any applicable grace periods, the Company may shall not pay the Notes Subordinated Obligations for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company and the Trustee of written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative Senior Lenders holding a majority in aggregate amount of such Designated the Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3)above, unless the holders of such Designated Senior Indebtedness or the Representative of such holders Senior Lenders shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness or a Payment Default has occurred and is continuing, the Company may shall be permitted to resume payments on paying the Notes Subordinated Obligations after the end of such Payment Blockage Period. During any 360-day period, the aggregate of all The Subordinated Obligations shall not be subject to more than one Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days Period in each any consecutive 360-day period when irrespective of the number of Non-Payment Defaults with respect to Senior Indebtedness during such period; provided that if any Payment Blockage Notice is delivered to the Company by or on behalf of the Senior Lenders, a representative of the Senior Lenders shall be entitled to give another Payment Blockage Notice within such period. However, that in no event shall the total number of days during which any Payment Blockage Period or Periods on the notes is in effect exceed 179 days in the aggregate during any consecutive 365-day period, and there must be at least 186 days during any consecutive 365-day period during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Notwithstanding the foregoing, no default or event of default Non-Payment Default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated any Senior Indebtedness initiating and that was the basis for the initiation of such Payment Blockage Period to the Company shall be, or be made, the basis of the commencement of for a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Lenders unless such default or event of default shall have has been cured or waived for a period of not less than 90 consecutive daysdays (it being acknowledged that any subsequent action, or any breach of any financial covenants during the period after the date of delivery of such initial Blockage Notice, that, in either case, would give rise to a Non-Payment Default pursuant to any provisions under which a Non-Payment Default previously existed or was continuing shall constitute a new Non-Payment Default for this purpose).

Default on Senior Indebtedness of the Company. The Company may shall not pay, nor shall it permit any Guarantor or other Subsidiary to pay any amount (in either case, in cash, property, securities or other assets), the principal of, interest on or other Obligations owing with respect of to the Obligations in respect of the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 or 8.02 and may not repurchasepurchase, redeem or defease otherwise retire or acquire any Notes Securities (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "Payment Default") if occurs (i1) any Designated Obligations with respect to Senior Indebtedness of the Company is are not paid in full in cash when due or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDED, HOWEVER, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such Designated all Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice 91 as may be required to effect such acceleration) or the expiration of any applicable grace periodsperiods (a "Non-Payment Default"), the Company may shall not pay pay, nor shall it permit any Guarantor or other Subsidiary to pay, the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after such Payment Blockage Period. During any 360-day period, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.terminated

Default on Senior Indebtedness of the Company. The Company may not pay any amount in respect the principal of the Obligations in respect of or premium, if any, or interest on the Notes and the Indenture or make any deposit pursuant to Section 8.1 8.01 and may not repurchase, redeem or otherwise retire or defease any Notes (collectively, "pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (i) any Designated Senior Indebtedness of the Company is not paid when due or (ii) any other default on such Designated Senior Indebtedness occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentsfull; PROVIDEDprovided, HOWEVERhowever, that the Company may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such the Designated Senior Indebtedness. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not pay the Notes for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days 179Edays thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after such Payment Blockage Period. During Not more than one Blockage Notice may be given in any consecutive 360-day period, irrespective of the aggregate number of all Payment defaults with respect to Designated Senior Indebtedness during such period; provided, however, that if any Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive Notice within such 360-day period when is given by or on behalf of any holders of Designated Senior Indebtedness (other than the Bank Indebtedness), the Representative of the Bank Indebtedness may give another Blockage Notice within such period; provided further, however, that in no event may the total number of days during which any Payment Blockage Period or Periods is in effecteffect exceed 179Edays in the aggregate during any 360 consecutive day period. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of or interest on the Obligations in respect of the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or otherwise retire or defease any Notes Securities (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "Payment Default") if occurs (i1) any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such Designated all Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness giving such Blockage Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any 360-360 consecutive day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness (other than holders of the Bank Indebtedness or a Representative thereof), a Representative of holders of Bank Indebtedness may give one additional Blockage Notice within such period. 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 360 consecutive day period, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall must be a period of at least 181 days during any 360 consecutive days in each consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of the Obligations in respect of or interest on the Notes and the Indenture or make any deposit pursuant to Section 8.1 8.01 and may shall not repurchasepurchase, redeem or defease otherwise retire any Notes (collectively, "“pay the Notes"”) (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization except that Noteholders may receive and retain Permitted Junior Securities and payments and other distributions made from any defeasance trust created funds deposited with the Trustee pursuant to Section 8.1 hereof8.01 or 8.02) if either of the following (ia “Payment Default”) occurs (a) any Obligation on any Designated Senior Indebtedness Debt of the Company is not paid in full in cash or Cash Equivalents when due due; or (iib) any other default on such Designated Senior Indebtedness Debt of the Company occurs and the maturity of such Designated Senior Indebtedness Debt is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness Debt has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessDebt with respect to which a Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness Debt of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness Debt specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Debt has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness Debt or the Representative of such holders Designated Senior Debt shall have accelerated the maturity of such Designated Senior IndebtednessDebt, the Company may shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. During The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period defaults with respect to Designated Senior Debt of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effectthe Company during such period. For purposes of this Section 10.3Section, no nonpayment default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness Debt of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such 68 Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Debt unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay the principal of, premium, if any, or interest on the 67/8% Notes or any amount other payment obligation in respect of the Obligations in respect of 67/8% Notes (including any obligation to purchase the Notes and the Indenture 67/8% Notes) or make any deposit pursuant to Section 8.1 Article Four or Thirteen and may not repurchasepurchase, redeem or defease otherwise retire any 67/8% Notes (collectively, "“pay the 67/8% Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof”) if either of the following (ia “Payment Default”) occurs: (1) any Obligation on Designated Senior Indebtedness of the Company is not paid in full when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash equivalents; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the 67/8% Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the 67/8% Notes for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company Trustee and the Trustee Company of a written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash or cash equivalents. Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3)paragraph, unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be permitted to resume payments on the 67/8% Notes after the end of such Payment Blockage Period. During The 67/8% Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, however, that 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, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes Section 1404. Acceleration of this Section 10.3, no default or event Payment of default that existed or was continuing on the date 67/8% Notes. If payment of the commencement 67/8% Notes is accelerated because of any Payment Blockage Period with respect to an Event of Default, the Company or the Trustee shall promptly notify the holders of Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement Company (or their Representatives) of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysacceleration.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of premium, if any, or interest, if any, on the Obligations in respect of the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease otherwise retire any Notes Securities (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "Payment Default") if occurs (i1) any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDED, HOWEVER, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtednessa Payment Default exists, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; PROVIDED FURTHER, HOWEVER, that in no event shall the total number of days during which any Payment Blockage Period or Periods under this Article X shall not is in effect exceed 179 days in the aggregate during any 360-consecutive-day period, and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The --------------------------------------------- Company may not pay any amount in respect of the Obligations in respect of principal of, premium, if any, or interest on the Notes and the Indenture or make any deposit pursuant to Section 8.1 and may not repurchase, redeem or defease ----------- otherwise retire any Notes (collectively, "pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Permitted Junior Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (i) any Designated Senior ----------- Indebtedness of the Company is not paid when due or (ii) any other default on such Designated Senior Indebtedness occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentsfull; PROVIDEDprovided, HOWEVERhowever, that the Company may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such Designated Senior IndebtednessIndebtedness with respect to which either of the events set forth in clause (i) or (ii) has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the immediately preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not pay the Notes for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice of such default (a "Blockage Notice") of such default from the Representative of the holders of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the a Representative of the holders of such Designated Senior Indebtedness shall have has notified the Trustee that the default giving rise to such Blockage Notice is no longer continuingcontinuing or (iii) because such Designated Senior Indebtedness has been repaid in full in cash). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3), unless the ------------ holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after such Payment Blockage Period. During The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effectdefaults with respect to Designated Senior Indebtedness during such period. For purposes of this Section 10.3, no default Default or event Event of default that Default which existed or was continuing on ------------ the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default Default or event Event of default Default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may not pay any amount in respect of the Obligations in respect of principal of, premium, if any, on or interest on, the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 Article 8 and may not repurchase, redeem or defease otherwise retire any Notes Securities (collectively, "pay the Notes------- Securities") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (ia) any Designated principal, premium or interest in respect of any Senior ---------- Indebtedness of the Company is not paid when due within any applicable grace period (including at maturity) or (iib) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company -------- ------- may pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such each issue of Designated Senior Indebtedness. During the continuance of any default (other than a default described in clause (i) or a), and provided that no acceleration has occurred and is continuing as described in clause (iib) of the preceding sentence) with respect to any such Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods), the Company may not pay the Notes Securities for a period (a "Payment ------- Blockage Period") commencing upon the receipt by the Company and the Trustee of --------------- written notice of such default (a "Blockage Notice") from the Representative of the holders of any such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period (a "Payment Blockage Notice") and ending 179 days thereafter (or after receipt ----------------------- of such notice by the Company and the Trustee unless earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee Company and the Company Trustee from the Person or Persons who Representative which gave such Payment Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of because such Designated Senior Indebtedness default is no longer continuing or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuing)has been repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3)sentence, unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness and not rescinded such acceleration, the Company may (unless otherwise prohibited pursuant to the first sentence of this Section) resume payments on the Notes Securities after the end of such Payment Blockage Period. During No more than one Payment Blockage Notice may be given in any consecutive 360-day period, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may not pay any amount in respect of the Obligations in respect of the Notes and the Indenture shall make its Guaranty or make any deposit pursuant to Section 8.1 and may not repurchasepurchase, redeem or otherwise retire or defease any Notes Securities or other Obligations (collectively, "pay the Notesits Guaranty") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "Payment Default") if occurs (i1) any Designated Senior Indebtedness of the Company is not paid when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentsfull; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes its Guaranty without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such any Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes its Guaranty for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness giving such Payment Notice or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes pursuant to its Guaranty after termination of such Payment Blockage Period. During The Company shall not be subject 99 108 to more than one Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, however, that if any Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive Notice within such 360-day period when is given by or on behalf of any holders of Designated Senior Indebtedness of the Issuer (other than the Bank Indebtedness), the Representative of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; provided further, however, that in no event shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360-consecutive-day period, and there must be 181 days during any 360-consecutive day period during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount (in cash, property, securities or other assets), the principal of, interest on or other Obligations owing with respect of the Obligations in respect of to the Notes and the Indenture or make any deposit pursuant to Article 13 of the Base Indenture and Section 8.1 4.03 of the First Supplemental Indenture and may not repurchasepurchase, redeem or defease otherwise retire or acquire any Notes (collectively, "pay the Notes") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "Payment Default") if occurs (i1) any Obligations with respect to Designated Senior Indebtedness of the Company is are not paid in full when due or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentsfull; PROVIDED, HOWEVER, that the Company may shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after such Payment Blockage Period. During any 360-day period, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.terminated

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect of the Obligations in respect of principal of, premium, if any, or interest on the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease otherwise retire any Notes Securities (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from a "Payment Default") occurs (1) any defeasance trust created pursuant to Section 8.1 hereof) if (i) Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written 84 notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.310.03), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, however, that if any Blockage Notice is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than the Bank Indebtedness), the Representative of holders of Bank Indebtedness shall be entitled to give another Blockage Notice within such period; provided further, however, that in no event shall the total number of days during which any Payment Blockage Period or Periods under this Article X shall not is in effect exceed 179 days in the aggregate during any 360-consecutive-day period, and there shall must be a period of at least 181 consecutive days in each consecutive during any 360-consecutive-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.310.03, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may not pay any amount in respect of the Obligations in respect of the Notes and the Indenture or make any deposit pursuant to Section 8.1 8.01 and may not repurchase, redeem or defease any Notes (collectively, "pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 8.01 hereof) if (i) any Designated Senior Indebtedness of the Company is not paid when due or (ii) any other default on such Designated Senior Indebtedness occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalents; PROVIDED, HOWEVER, that the Company may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such Designated Senior Indebtedness. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not pay the Notes for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of written notice of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after such Payment Blockage Period. During any 360-day period, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.Representative

Default on Senior Indebtedness of the Company. The Company may shall not pay make any amount in respect payment or distribution of any kind or character on Obligations on, or relating to, the Obligations in respect of the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease otherwise retire or acquire for cash or property any Notes Securities (collectively, "pay the NotesSecurities") (other than in accordance with the conversion provision of Article XI hereof if any Obligation on or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant respect to Section 8.1 hereof) if (i) any Designated Senior Indebtedness of the Company is not paid in full in cash when due (whether at maturity, upon any redemption, by acceleration or otherwise) (iia "Payment Default") any other default on such Designated Senior Indebtedness occurs and unless the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentswaived; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness Notice or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3and Section 10.02), unless the holders of such any Designated Senior Indebtedness or the Representative of such holders any Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness or a Payment Default has occurred and is continuing, the Company may shall be entitled to resume payments on the Notes Securities after the termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all non-Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period Defaults with respect to Designated Senior Indebtedness of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effectthe Company during such period. For purposes of this Section 10.3Section, no default or event of default non-Payment Default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the any Designated Senior Indebtedness initiating and that was the basis for the initiation of such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysdays (it being acknowledged that any subsequent action, or any breach of any financial covenants for a period commencing after the date of delivery of such initial Blockage Notice that in either case would give rise to a default pursuant to any provisions under which a default previously existed or was continuing shall constitute a new default for this purpose).

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of, premium, if any, or interest on the Subordinated Obligations if either of the Obligations in respect of the Notes and the Indenture or make any deposit pursuant to Section 8.1 and may not repurchase, redeem or defease any Notes following (collectively, "pay the Notes"a “Payment Default”) occurs: (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (ia) any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (iib) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Subordinated Obligations without regard to the foregoing if the Company and the Trustee receive receives written notice approving such payment from all Senior Lenders with respect to which the Representative of such Designated Senior IndebtednessPayment Default has occurred and is continuing. 8 Provisions may be contained in the instrument evidencing the Subordinated Obligations. During the continuance of any default (other than a default described in clause Payment Default) (i) or (ii) of the preceding sentencea “Non-Payment Default”) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Subordinated Obligations for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company and the Trustee of written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative Senior Lenders holding a majority in aggregate amount of such Designated the Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3)above, unless the holders of such Designated Senior Indebtedness or the Representative of such holders Senior Lenders shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness or a Payment Default has occurred and is continuing, the Company may shall be permitted to resume payments on paying the Notes Subordinated Obligations after the end of such Payment Blockage Period. During any 360-day period, the aggregate of all The Subordinated Obligations shall not be subject to more than one Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days Period in each any consecutive 360-day period when irrespective of the number of Non-Payment Defaults with respect to Senior Indebtedness during such period; provided that if any Payment Blockage Notice is delivered to the Company by or on behalf of the Senior Lenders, a representative of the Senior Lenders shall be entitled to give another Payment Blockage Notice within such period. However, that in no event shall the total number of days during which any Payment Blockage Period or Periods on the notes is in effect exceed 179 days in the aggregate during any consecutive 365-day period, and there must be at least 186 days during any consecutive 365-day period during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Notwithstanding the foregoing, no default or event of default Non-Payment Default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated any Senior Indebtedness initiating and that was the basis for the initiation of such Payment Blockage Period to the Company shall be, or be made, the basis of the commencement of for a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Lenders unless such default or event of default shall have has been cured or waived for a period of not less than 90 consecutive daysdays (it being acknowledged that any subsequent action, or any breach of any financial covenants during the period after the date of delivery of such initial Blockage Notice, that, in either case, would give rise to a Non-Payment Default pursuant to any provisions under which a Non-Payment Default previously existed or was continuing shall constitute a new Non-Payment Default for this purpose).

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect of the Obligations in respect of principal of, premium, if any, or interest on the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease otherwise retire any Notes Securities whether pursuant to the terms of the Securities or otherwise (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision a "Payment 95 86 Default") occurs (1) any amount of Article XI hereof principal of or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (i) premium or interest on any Designated Senior Indebtedness of the Company is not paid in full in cash when due or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalents; PROVIDEDcash. Regardless of the foregoing, HOWEVER, that the Company may shall be entitled to pay the Notes without regard to the foregoing Securities if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii2) by repayment in full in cash or Cash Equivalents of such because all defaults with respect to the Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving gave rise to such Blockage Notice is are cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3)two sentences, unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtednessa Payment Default has occurred and is continuing, the Company may shall be permitted to resume payments on the Notes Securities after the end of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period defaults with respect to Designated Senior Indebtedness of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effectthe Company during such period. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, 96 87 unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of or interest on the Obligations in respect of the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease otherwise retire any Notes Securities (collectively, "“pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofSecurities”) if either of the following (ia “Payment Default”) occurs (a) any Designated Senior Indebtedness of the Company is not paid when due due; or (iib) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentsfull; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such any Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all defaults with respect to Designated Senior Indebtedness of the Company during such period except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of the Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods under this Article X shall not is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. .. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect of the Obligations in respect of principal of, premium, if any, or interest on the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease otherwise retire any Notes Securities (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from a "Payment Default") occurs (1) any defeasance trust created pursuant to Section 8.1 hereof) if (i) Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.310.03), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, however, that if any Blockage Notice is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than the Bank Indebtedness), the Representative of holders of Bank Indebtedness shall be entitled to give another Blockage Notice within such period; provided further, however, that in no event shall the total number of days during which any Payment Blockage Period or Periods under this Article X shall not is in effect exceed 179 days in the aggregate during any 360-consecutive-day period, and there shall must be a period of at least 181 consecutive days in each consecutive during any 360-consecutive-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.310.03, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay the principal of, premium, if any, or interest on the 71/8% Notes or any amount other payment obligation in respect of the Obligations in respect of 71/8% Notes (including any obligation to purchase the Notes and the Indenture 71/8% Notes) or make any deposit pursuant to Section 8.1 Article Four or Thirteen and may not repurchasepurchase, redeem or defease otherwise retire any 71/8% Notes (collectively, "“pay the 71/8% Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof”) if either of the following (ia “Payment Default”) occurs: (1) any Obligation on Designated Senior Indebtedness of the Company is not paid in full when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash equivalents; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the 71/8% Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the 71/8% Notes for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company Trustee and the Trustee Company of a written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash or cash equivalents. Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3)paragraph, unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be permitted to resume payments on the 71/8% Notes after the end of such Payment Blockage Period. During The 71/8% Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, however, that 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, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes Section 1404. Acceleration of this Section 10.3, no default or event Payment of default that existed or was continuing on the date 71/8% Notes. If payment of the commencement 71/8% Notes is accelerated because of any Payment Blockage Period with respect to an Event of Default, the Company or the Trustee shall promptly notify the holders of Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement Company (or their Representatives) of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysacceleration.

Default on Senior Indebtedness of the Company. The Company may shall not pay the principal of, premium, if any, or interest on the 6 5/8% Notes or any amount other payment obligation in respect of the Obligations in respect of 6 5/8% Notes (including any obligation to purchase the Notes and the Indenture 6 5/8% Notes) or make any deposit pursuant to Section 8.1 Article Four or Thirteen and may not repurchasepurchase, redeem or defease otherwise retire any 6 5/8% Notes (collectively, "“pay the 6 5/8% Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof”) if either of the following (ia “Payment Default”) occurs: (1) any Obligation on Designated Senior Indebtedness of the Company is not paid in full when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash equivalents; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the 6 5/8% Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the 6 5/8% Notes for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company Trustee and the Trustee Company of a written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash or cash equivalents. Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3)paragraph, unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be permitted to resume payments on the 6 5/8% Notes after the end of such Payment Blockage Period. During The 6 5/8% Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, however, that 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, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The ---------------------------------------------- Company may shall not pay any amount in respect of the Obligations in respect of principal of, premium, if any, or interest on the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease (except for Securities delivered to the Trustee pursuant to the second sentence of paragraph 6 of the Securities) otherwise retire any Notes Securities (except for any redemption pursuant to paragraph 6 of the Securities) (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "Payment Default") if occurs (i1) any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Securities -------- ------- without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such any Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, -------- however, that if any Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive Notice within such 360-day period when is given by or ------- on behalf of any holders of Designated Senior Indebtedness of the Company (other than the Bank Indebtedness), the Representative of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; provided -------- further, however, that in no event shall the total number of days during which ------- ------- any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360-day consecutive period, and there must be 181 days during any 360-day consecutive period during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of or interest on the Obligations in respect of the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 and may not repurchasepurchase, redeem or defease otherwise retire any Notes Securities (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from a "Payment Default") occurs (a) any defeasance trust created pursuant to Section 8.1 hereof) if (i) Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (iib) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.3Section), unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all defaults with respect to Designated Senior Indebtedness of the Company during such period provided, however, that if any Blockage Notice within such 360 day period is given by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than the Bank Indebtedness), a Representative of the holders of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; provided further, however, that in no event shall the total number of days during which any Payment Blockage Period or Periods under this Article X shall not is in effect exceed 179 days in the aggregate during any 360 consecutive day period and there shall be a period of at least 181 days during any consecutive days in each consecutive 360-360 day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.3Section, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, Indebtedness whether or not within a period of 360 consecutive days, days unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may not pay any amount in respect of the Obligations in respect of the Notes and the Indenture or make any deposit pursuant to Section 8.1 8.01 and may not repurchase, redeem or defease any Notes (collectively, "pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 8.01 hereof) if (i) any Designated Senior Indebtedness of the Company is not paid when due or (ii) any other default on such Designated Senior Indebtedness occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalents; PROVIDED, HOWEVER, that the Company may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of such Designated Senior Indebtedness. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may not pay the Notes for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and the Trustee of written notice of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.310.03), unless the holders of such Designated Senior Indebtedness or the Representative of such holders 116 shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after such Payment Blockage Period. A Payment Blockage Period instituted pursuant to this Section 10.03 shall also be deemed to be a Payment Blockage Period pursuant to Section 12.03 hereof. During any 360-day period, the aggregate of all Payment Blockage Periods under this Article X and Article XII shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effect. For purposes of this Section 10.310.03, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay the principal of, premium, if any, or interest on the Notes or any amount in respect other payment Obligation of the Obligations Company in respect of the Notes and (including any Obligation to repurchase the Indenture Notes) or make any deposit pursuant to Section 8.1 Article 8, and may not repurchasepurchase, redeem or defease otherwise retire any Notes (collectively, "pay the NotesPAY THE NOTES") if either of the following occurs (other than in accordance with the conversion provision a "PAYMENT DEFAULT"): (1) any portion of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if (i) any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unlessterms; UNLESS, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDED, HOWEVER, that the Company may shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the Notes for a period (a "Payment Blockage PeriodPAYMENT BLOCKAGE PERIOD") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of a written notice (a "BLOCKAGE NOTICE") of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing), or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence above paragraph (but subject to the provisions contained in the first sentence of this Section 10.310.03), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall Designated Senior Indebtedness have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. During The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of the holders of the Bank Indebtedness shall be entitled to give another Blockage Notice within such period; PROVIDED FURTHER, HOWEVER, that in no event shall 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, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.91

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount in respect the principal of or interest on the Obligations in respect of the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 13.1 and may not repurchase, redeem purchase or defease otherwise retire any Notes Securities (collectively, "“pay the Notes") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofSecurities”) if either of the following (ia “Payment Default”) occurs (a) any Designated Senior Indebtedness of the Company is not paid in full in cash when due due; or (iib) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which a Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periodsperiods (a “Nonpayment Default”), the Company may shall not pay the Notes Securities for a period (a "“Payment Blockage Period"”) commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding sentence two sentences (but subject to the provisions contained in the first sentence of this Section 10.311.3), unless there is a Payment Default or the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. During The Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the aggregate number of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period Nonpayment Defaults with respect to Designated Senior Indebtedness of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effectthe Company during such period. For purposes of this Section 10.311.3, no default or event of default that which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company may shall not pay any amount (in cash, property, securities or other assets), the principal of, interest on or other Obligations owing with respect of to the Obligations in respect of the Notes and the Indenture Securities or make any deposit pursuant to Section 8.1 8.01 or 8.02 and may not repurchasepurchase, redeem or defease otherwise retire or acquire any Notes Securities (collectively, "pay the NotesSecurities") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "Payment Default") if occurs (i1) any Designated Obligations with respect to Senior Indebtedness of the Company is are not paid in full in cash when due or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash; PROVIDED, HOWEVER, that the Company may shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such Designated all Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace 91 periods, the Company may shall not pay the Notes Securities for a period (a "Payment Blockage Period") commencing upon the receipt by the Company and Trustee (with a copy to the Trustee Company) of written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is no longer continuing). Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3), unless the holders of such Designated Senior Indebtedness or the Representative of such holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company may resume payments on the Notes after such Payment Blockage Period. During any 360-day period, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall be a period of at least 181 consecutive days in each consecutive 360-day period when no Payment Blockage Period is in effect. For purposes of this Section 10.3, no default or event of default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.terminated

Default on Senior Indebtedness of the Company. The Company may shall not pay the principal of, premium, if any, or interest on the 8 3/8% Notes or any amount other payment obligation in respect of the Obligations in respect of 8 3/8% Notes (including any obligation to purchase the Notes and the Indenture 8 3/8% Notes) or make any deposit pursuant to Section 8.1 Article Thirteen and may not repurchasepurchase, redeem or defease otherwise retire any 8 3/8% Notes (collectively, "pay the 8 3/8% Notes") if either of the following (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereofa "Payment Default") if occurs: (i1) any Obligation on Designated Senior Indebtedness of the Company is not paid in full when due due; or (ii2) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, (x) the default Payment Default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash or Cash Equivalentscash equivalents; PROVIDEDprovided, HOWEVERhowever, that the Company may shall be entitled to pay the 8 3/8% Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of such all Designated Senior IndebtednessIndebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a default described in clause (i) or (ii) of the preceding sentencePayment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company may shall not pay the 8 3/8% Notes for a period (a "Payment Blockage Period") commencing upon the receipt by the Company Trustee and the Trustee Company of a written notice of such default (a "Blockage Notice") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter (or thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (i1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice, ; (ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii2) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing); or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash or cash equivalents. Notwithstanding the provisions described in the immediately preceding sentence (but subject to the provisions contained in the first sentence of this Section 10.3)paragraph, unless the holders of such Designated Senior Indebtedness or the Representative of such holders Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the 57 Company may shall be permitted to resume payments on the 8 3/8% Notes after the end of such Payment Blockage Period. During The 8 3/8% Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, however, that 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, the aggregate of all Payment Blockage Periods under this Article X shall not exceed 179 days and there shall must be a period of at least 181 consecutive days in each during any consecutive 360-day period when during which no Payment Blockage Period is in effect. For purposes SECTION 1404. Acceleration of this Section 10.3, no default or event Payment of default that existed or was continuing on the date 8 3/8% Notes. If payment of the commencement 8 3/8% Notes is accelerated because of any Payment Blockage Period with respect to an Event of Default, the Company or the Trustee shall promptly notify the holders of Designated Senior Indebtedness initiating such Payment Blockage Period shall be, or be made, the basis of the commencement Company (or their Representatives) of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysacceleration.