Common use of Holders Authorize Trustee to Effectuate Subordination of Securities Clause in Contracts

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his acceptance thereof authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provisions contained in this Article X and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee his attorney-in-fact for such purpose, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Company) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of his securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his acceptance thereof authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provisions contained in this Article X and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee his attorneyattor ney-in-fact for such purpose, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Company) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of his securities Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder by its acceptance of the Securities by his acceptance thereof authorizes and expressly directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate effectuate, as between the holders of Senior Debt and the Holders, the subordination provisions contained provided in this Article X and to protect the rights of the Holders pursuant to this Indenture13, and appoints the Trustee his its attorney-in-fact for such purposepurposes, including, in the event of any dissolution, winding winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency insolvency, receivership, reorganization or receivership similar proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Companyotherwise) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of his securities its Securities and accrued interest in the form required in said proceedings and cause said claim to be approvedthose proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder by its acceptance of the Securities by his acceptance thereof them authorizes and expressly directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate effectuate, as between the holders of Senior Debt or Guarantor Senior Debt and the Holders, the subordination provisions contained provided in this Article X and to protect the rights of the Holders pursuant to this IndentureTwelve, and appoints the Trustee his its attorney-in-fact for such purposepurposes, including, in the event of any dissolution, winding winding-up, liquidation or reorganization of the Company or a Guarantor (whether in bankruptcy, insolvency insolvency, receivership, reorganization or receivership similar proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Companyotherwise) tending towards liquidation of the business and assets of the CompanyCompany or a Guarantor, the immediate filing of a claim for the unpaid balance of his securities its Securities and accrued interest in the form required in said proceedings and cause said claim to be approvedthose proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness Debt or Guarantor Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness Debt or Guarantor Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness Debt or Guarantor Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder by its acceptance of the Securities by his acceptance thereof authorizes and expressly directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate effectuate, as between the holders of Senior Debt or Guarantor Senior Debt and the Holders, the subordination provisions contained provided in this Article X and to protect the rights of the Holders pursuant to this IndentureTwelve, and appoints the Trustee his its attorney-in-fact for such purposepurposes, including, in the event of any dissolution, winding winding-up, liquidation or reorganization of the Company or a Guarantor (whether in bankruptcy, insolvency insolvency, receivership, reorganization or receivership similar proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Companyotherwise) tending towards liquidation of the business and assets of the CompanyCompany or a Guarantor, the immediate filing of a claim for the unpaid balance of his securities its Securities and accrued interest in the form required in said proceedings and cause said claim to be approvedthose proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness Debt or Guarantor Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness Debt or Guarantor Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness Debt or Guarantor Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his or her acceptance thereof of a Security authorizes and expressly directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to effectuate effect the subordination provisions contained in this Article X and to protect the rights of the Holders pursuant to this IndentureFour, and appoints the Trustee his or her attorney-in-fact for such purpose, including, in the event of any dissolution, winding winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Company) tending towards liquidation or reorganization of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of his securities such Holder's Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said SecuritiesHolders. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his acceptance thereof authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provisions contained in this Article X and to protect the rights of the Holders XII pursuant to this Indenture, and appoints the Trustee his attorney-in-fact for such purpose, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Company) tending towards liquidation of the business and assets of the Company), the immediate filing of a claim for the unpaid balance of his securities Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his acceptance thereof of such Securities authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provisions contained provided in this Article X and to protect the rights of the Holders pursuant to this IndentureEight, and appoints the Trustee his attorney-in-fact for such purposepurposes, including, in the event of any dissolution, winding winding-up, total liquidation or reorganization of the Company (whether in bankruptcy, insolvency insolvency, receivership, reorganization or receivership similar proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Companyotherwise) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of its or his securities Securities in the form required in said proceedings and cause said claim to be approvedthose proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such any proceeding referred to in Section 6.09 prior to 30 days before the expiration of the time to file such claim or claims, then any of the holders of the Senior Indebtedness Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his or her acceptance thereof of a Security authorizes and expressly directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to effectuate effect the subordination provisions contained in this Article X and to protect the rights of the Holders pursuant to this IndentureIV, and appoints the Trustee his or her attorney-in-fact for such purpose, including, in the event of any dissolution, winding winding-up, liquidation or reorganization of the Company or any Subsidiary Guarantor (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the CompanyCompany or any Subsidiary Guarantor) tending towards liquidation or reorganization of the business and assets of the CompanyCompany or any Subsidiary Guarantor, the immediate filing of a claim for the unpaid balance of his securities such Holder's Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said SecuritiesHolders. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his or her acceptance thereof of a Security authorizes and expressly directs the Trustee on his or her behalf to take such action as may be necessary or appropriate to effectuate effect the subordination provisions contained in this Article X and to protect the rights of the Holders pursuant to this IndentureFour, and appoints the Trustee his or her attorney-in-fact for such purpose, including, in the event of any dissolution, winding winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling marshaling of assets and liabilities of the Company) tending towards liquidation or reorganization of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of his securities such Holder's Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said SecuritiesHolders. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder by its acceptance of the Securities by his acceptance thereof authorizes and expressly directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate effectuate, as between the holders of Senior Debt and the Holders, the subordination provisions contained provided in this Article X and to protect the rights of the Holders pursuant to this Indenture5, and appoints the Trustee his its attorney-in-fact for such purposepurposes, including, in the event of any dissolution, winding winding-up, liquidation liquidation, judicial management or reorganization of the Company (whether in bankruptcy, insolvency insolvency, receivership, reorganization or receivership similar proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Companyotherwise) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of his securities its Securities and accrued interest (including Additional Interest, if any) in the form required in said proceedings and cause said claim to be approvedthose proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his acceptance thereof authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate effect the subordination provisions contained in this Article X and to protect the rights of the Holders pursuant to this IndentureFour, and appoints the Trustee his attorney-in-fact for such purpose, including, in the event of any dissolution, winding winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Company) tending towards liquidation or reorganization of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of his securities such Holder's Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on 60 -52- behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his acceptance thereof of such Securities authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provisions contained provided in this Article X and to protect the rights of the Holders pursuant to this IndentureEight, and appoints the Trustee his attorney-in-fact for such purposepurposes, including, in the event of any dissolution, winding winding-up, total liquidation or reorganization of the Company (whether in bankruptcy, insolvency insolvency, receivership, reorganization or receivership similar proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Companyotherwise) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of its or his securities Securities in the form required in said proceedings and cause said claim to be approvedthose proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such any proceeding referred to in Section 6.09 prior to 30 days before the expiration of the time to file such claim or claims, then any of the holders of the Senior Indebtedness or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness or their Representative to vote in respect of the claim of any Holder in any such proceeding.Senior

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his such Holder's acceptance thereof authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate effect the subordination provisions contained in this Article X and to protect the rights of the Holders pursuant to this IndentureFour, and appoints the Trustee his attorney-such Holder's attorney- in-fact for such purpose, including, in the event of any liquidation, dissolution, winding winding-up, liquidation or reorganization of the Company (whether in bankruptcyreorganization, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling marshaling of assets and liabilities of the Company) Company tending towards liquidation or reorganization of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of his securities such Holder's Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then any of the holders of the Senior Indebtedness or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his the acceptance thereof authorizes and expressly directs the Trustee on his the Holder's behalf to take such action as may be necessary or appropriate to effectuate effect the subordination provisions contained in this Article X and to protect the rights of the Holders pursuant to this IndentureXV, and appoints the Trustee his as attorney-in-fact for such purpose, including, in the event of any dissolution, winding up, Insolvency or Liquidation Proceeding tending toward liquidation or reorganization of the Company (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Company) tending towards liquidation of the business and assets of the Companysuch Subsidiary Guarantor, the immediate filing of a claim for the unpaid balance of his securities under the Holder's Securities, or with respect to any other Subordinated Obligations, in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to authorize or authorize, consent to or to, accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or any other Subordinated Obligations or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to vote in respect of the claim of any Holder of Securities or any other Subordinated Obligations in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his acceptance thereof authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provisions contained in this Article X Ten and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee his attorney-in-fact for such purpose, including, in the event of any dissolution, winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling marshaling of assets and liabilities of the Company) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of his securities Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder by its acceptance of the Securities by his acceptance thereof authorizes and expressly directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate effectuate, as between the holders of Senior Debt or Guarantor Senior Debt and the Holders, the subordination provisions contained provided in this Article X and to protect the rights of the Holders pursuant to this IndentureTwelve, and appoints the Trustee his its attorney-in-fact for such purposepurposes, including, in the event of any dissolution, winding winding-up, liquidation or reorganization of the Company or a Guarantor (whether in bankruptcy, insolvency insolvency, receivership, reorganization or receivership similar proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Companyotherwise) tending towards 136 liquidation of the business and assets of the CompanyCompany or a Guarantor, the immediate filing of a claim for the unpaid balance of his securities its Securities and accrued interest in the form required in said proceedings and cause said claim to be approvedthose proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness Debt or Guarantor Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness Debt or Guarantor Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness Debt or Guarantor Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his its acceptance thereof of them authorizes and expressly directs the Trustee on his its behalf to take such action as may be necessary or appropriate to effectuate effectuate, as between the holders of Senior Indebtedness and the Holders of Securities, the subordination provisions contained provided in this Article X and to protect the rights of the Holders pursuant to this IndentureEleven, and appoints the Trustee his its attorney-in-fact for such purposepurposes, including, in the event of any dissolution, winding winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency insolvency, receivership, reorganization or receivership similar proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Companyotherwise) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of his securities its Securities and accrued interest in the form required in said proceedings and cause said claim to be approvedthose proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his or her acceptance thereof authorizes and expressly directs the Trustee on his or her behalf to take such action in accordance with the terms of this Indenture as may be necessary or appropriate to effectuate the subordination provisions contained in this Article X Thirteen and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee his or her attorney-in-fact for such purpose, including, in the event of any dissolution, winding up, liquidation or any reorganization of or 72 82 similar proceeding with respect to the Company (whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Company) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of his securities or her Securities in the form required in said proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Indebtedness or their Representative respective representatives are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness or their Representative respective representatives to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness or their Representative respective representatives to vote in respect of the claim of any Holder in any such proceeding.

Holders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by his its acceptance thereof of such Securities authorizes and expressly directs the Trustee on his behalf to take such action as may be necessary or appropriate to effectuate the subordination provisions contained provided in this Article X and to protect the rights of the Holders pursuant to this IndentureEight, and appoints the Trustee his its attorney-in-fact for such purposepurposes, including, in the event of any dissolution, winding winding-up, total liquidation or reorganization of the Company (whether in bankruptcy, insolvency insolvency, receivership, reorganization or receivership similar proceedings or upon an assignment for the benefit of creditors or any other marshalling of assets and liabilities of the Companyotherwise) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of its or his securities Securities in the form required in said proceedings and cause said claim to be approvedthose proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in any such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then any of the holders of the Senior Indebtedness Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, ar- rangementarrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Indebtedness Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.