Common use of Notice to Trustee of Facts Prohibiting Payment Clause in Contracts

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of the Securities, unless and until the Trustee shall have received at its Corporate Trust Office written notice thereof from the Company or a holder of Senior Indebtedness or from any trustee therefor, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the date upon which by the terms hereof any money may become payable for any purpose (including, without limitation, the payment of the Principal or interest on any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose for which such money was received and shall not be affected by any notice to the contrary which may be received by it during or after such three Business Day period. Subject to the provisions of Section 7.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal office of the Trustee written notice thereof from the Company or a holder from one or more holders of Senior Indebtedness of the Company or from any trustee therefor, therefor or representative thereof who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee or representative; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.017.1, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.1 acknowledging satisfaction and discharge of this Indenture, then if prior to the second Business Day preceding the date of such execution, the payment of Trustee shall not have received with respect to such moneys the Principal or interest on any Security)notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day period. Subject to date; provided, however, no such application shall affect the provisions of Section 7.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person obligations under this Article 11, and if of the Persons receiving such evidence is not furnished, moneys from the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such paymentTrustee.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of the Securities, unless and until the Trustee shall have received at its Corporate Trust Office written notice thereof from the Company or a holder of Senior Indebtedness or Additional Senior Obligations or from any trustee therefor, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01601, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the date upon which by the terms hereof any money may become payable for any purpose (including, without limitation, the payment of the Principal principal of (and premium, if any) or interest on any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose for which such money was received and shall not be affected by any notice to the contrary which may be received by it during or after such three Business Day period. Subject to the provisions of Section 7.01601, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself himself to be a holder of Senior Indebtedness or Additional Senior Obligations (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness or Additional Senior Obligations (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness or Additional Senior Obligations to participate in any payment or distribution pursuant to this Article 11Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness or Additional Senior Obligations held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11distribution and any other facts pertinent to the rights of such Person under this Article, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of the Securities, unless and until the Trustee shall have received at its Corporate Trust Office written notice thereof from the Company or a holder of Senior Indebtedness or from any trustee therefor, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 11.03 at least three five Business Days prior to the date upon which by the terms hereof any money may become payable for any purpose (including, without limitation, the payment of the Principal or interest on any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose for which such money was received and shall not be affected by any notice to the contrary which may be received by it during or after such three five Business Day period. Subject to the provisions of Section 7.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any cash payment to or by the Trustee in respect of the SecuritiesNotes. Notwithstanding the provisions of this Article 11 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of the SecuritiesNotes, unless and until the Trustee shall have received at its Corporate Trust Office written notice thereof from the Company or a holder of Senior Indebtedness or from any trustee therefor, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.016.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 11.03 12.03 at least three five Business Days prior to the date upon which by the terms hereof any money may become payable for any purpose (including, without limitation, the payment of the Principal principal or interest on any SecurityNotes), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose for which such money was received and shall not be affected by any notice to the contrary which may be received by it during or after such three five Business Day period. Subject to the provisions of Section 7.016.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 1112, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 1112, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its Corporate Trustee Administration Department shall have received at its Corporate Trust Office the principal office of the Trustee written notice thereof from the Company or a holder from one or more holders of Senior Indebtedness of the Company or from any trustee therefor, or representative therefor who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee or representative; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.01 acknowledging satisfaction and discharge of this Indenture, then if prior to the second Business Day preceding the date of such execution, the payment of Trustee shall not have received with respect to such moneys the Principal or interest on any Security)notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day period. Subject to date; provided, however, no such application shall affect the provisions of Section 7.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person obligations under this Article 11, and if of the Persons receiving such evidence is not furnished, moneys from the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such paymentTrustee.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal office of the Trustee written notice thereof from the Company or a holder from one or more holders of Senior Indebtedness of the Company or from any trustee therefor, therefor who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section SECTION 7.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to SECTION 12.01 acknowledging satisfaction and discharge of this Indenture, then if prior to the second Business Day preceding the date of such execution, the payment of Trustee shall not have received with respect to such moneys the Principal or interest on any Security)notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day perioddate; provided, however, no such application shall affect the obligations under this Article of the Persons receiving such moneys from the Trustee. Subject to the provisions of Section 7.01, the The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself himself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, to the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11Article, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the SecuritiesNotes. Notwithstanding the provisions of this Article 11 Twelve or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of the SecuritiesNotes, unless and until the Trustee shall have received at its Corporate Trust Office written notice thereof from the Company or a holder of Senior Indebtedness or from any trustee therefor, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.015.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 11.03 12.03 at least three Business Days prior to the date upon which by the terms hereof any money may become payable for any purpose (including, without limitation, the payment of the Principal principal of (and premium, if any) or interest on any SecurityNote), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose for which such money was received and shall not be affected by any notice to the contrary which may be received by it during or after such three Business Day period. Subject to the provisions of Section 7.015.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11Twelve, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11Twelve, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal corporate trust office of the Trustee written notice thereof from the Company or a holder from one or more holders of Senior Indebtedness of the Company or from any trustee therefor, therefor who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.01 acknowledging satisfaction and discharge of this Indenture, then if prior to the second Business Day preceding the date of such execution, the payment of Trustee shall not have received with respect to such moneys the Principal or interest on any Security)notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day perioddate; provided, however, no such application shall affect the obligations under this Article of the Persons receiving such moneys from the Trustee. Subject to the provisions of Section 7.01, the The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself himself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, to the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11Article, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any cash payment to or by the Trustee in respect of the SecuritiesNotes. Notwithstanding the provisions of this Article 11 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of the SecuritiesNotes, unless and until the Trustee shall have received at its Corporate Trust Office written notice thereof from the Company or a holder of Senior Indebtedness or from any trustee therefor, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.016.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 11.03 12.03 at least three five Business Days prior to the date upon which by the terms hereof any money may become payable for any purpose (including, without limitation, the payment of the Principal principal or interest on any SecurityNotes), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose for which such money was received and shall not be affected by any notice to the contrary which may be received by it during or after such three five Business Day period. Subject to the provisions of Section 7.016.01, the Trustee shall be entitled to conclusively rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 1112, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 1112, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of the Securities, unless and until the Trustee shall have received at its Corporate Trust Office written notice thereof from the Company or a holder of Senior Indebtedness or from any agent or trustee therefor, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 11.03 at least three five Business Days prior to the date upon which by the terms hereof any money may become payable for any purpose (including, without 57 limitation, the payment of the Principal or interest on any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose for which such money was received and shall not be affected by any notice to the contrary which may be received by it during or after such three five Business Day period. Subject to the provisions of Section 7.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a an agent or trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a an agent or trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness ( or an agent or trustee therefor) to participate in any payment or distribution pursuant to this Article 11, the Trustee may request such Person (or its agent or trustee) to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11, and if such evidence is not furnished, the Trustee may defer any payment to such Person (or its agent or trustee) pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal corporate trust office of the Trustee written notice thereof from the Company Parent Guarantor or a holder from one or more holders of Senior Indebtedness of the Parent Guarantor or from any trustee therefor, therefor who shall have been certified by the Parent Guarantor or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.01 acknowledging satisfaction and discharge of this Indenture, then if prior to the second Business Day preceding the date of such execution, the payment of Trustee shall not have received with respect to such moneys the Principal or interest on any Security)notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day perioddate; provided, however, no such application shall affect the obligations under this Article of the Persons receiving such moneys from the Trustee. Subject to the provisions of Section 7.01, the The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself himself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, to the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11Article, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 Fourteen or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal corporate trust office of the Trustee written notice thereof from the Company or a holder from one or more holders of Senior Indebtedness of the Company or from any trustee therefor, therefor who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.01 acknowledging satisfaction and discharge of this Indenture, then if prior to the second Business Day preceding the date of such execution, the payment of Trustee shall not have received with respect to such moneys the Principal or interest on any Security)notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day perioddate; provided, however, no such application shall affect the obligations under this Article Fourteen of the Persons receiving such moneys from the Trustee. Subject to the provisions of Section 7.01, the The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself himself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11Fourteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, to the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11Fourteen, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 Fourteen or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal corporate trust office of the Trustee written notice thereof from the Company or a holder from one or more holders of Senior Indebtedness of the Company or from any trustee therefor, therefor who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.01 acknowledging satisfaction and discharge of this Indenture, then if prior to the second Business Day preceding the date of such execution, the payment of Trustee shall not have received with respect to such moneys the Principal or interest on any Security)notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day perioddate; provided, however, no such application shall affect the obligations under this Article Fourteen of the Persons receiving such moneys from the Trustee. Subject to the provisions of Section 7.01, the The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself himself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11Fourteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, to the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11Fourteen, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal office of the Trustee written notice thereof from the Company or a holder from one or more holders of Senior Indebtedness of the Company or from any trustee therefor, therefor or representative thereof who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee or representative; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.018.1, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 4.1 or 4.5 acknowledging satisfaction and discharge of this Indenture or acknowledging a defeasance or in the event of a deposit under Section 4.5(d)(1) with respect to a covenant defeasance, then, if prior to the second Business Day preceding the date of such execution or deposit, as the case may be, the payment of Trustee shall not have received with respect to such moneys or the Principal or interest on any Security)moneys and/or Governmental Obligations deposited pursuant to Section 4.5 the notice provided for in this Section 14.4, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or Governmental Obligations and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day period. Subject to date; provided, however, no such application shall affect the provisions of Section 7.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person obligations under this Article 11, and if of the Persons receiving such evidence is not furnished, moneys from the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such paymentTrustee.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 Schedule or any other provision provisions of this the Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its Corporate Trustee Administration Department shall have received at its Corporate Trust Office the principal office of the Trustee written notice thereof from the Company Guarantor or a holder from one or more holders of Senior Indebtedness of Guarantor or from any trustee therefor, or representative therefor who shall have been certified by Guarantor or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee or representative; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.017.01 of the Indenture, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.01 of the Indenture acknowledging satisfaction and discharge of the Indenture, then if prior to the second Business Day preceding the date of such execution, the payment of Trustee shall not have received with respect to such moneys the Principal or interest on any Security)notice provided for in this Schedule, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day period. Subject to date; provided, however, no such application shall affect the provisions of Section 7.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to obligations under this Article 11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction Schedule of the Trustee as to Persons receiving such moneys from the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such paymentTrustee.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 XIII or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of the Securities, unless and until the Trustee shall have received at its Corporate Trust Office written notice thereof from the Company or a holder of Senior Indebtedness or from any trustee therefor, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.019.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 11.03 13.03 at least three Business Days prior to the date upon which by the terms hereof any money may become payable for any purpose (including, without limitation, the payment of the Principal or interest on any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose for which such money was received and shall not be affected by any notice to the contrary which may be received by it during or after such three Business Day period. Subject to the provisions of Section 7.019.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11XIII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11XIII, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment to or by the Trustee in respect of the Securities, unless and until the Trustee shall have received at its Corporate Trust Office written notice thereof from the Company or a holder of Senior Indebtedness or from any agent or trustee therefor, and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that if the Trustee shall not have received the notice provided for in this Section 11.03 at least three five Business Days prior to the date upon which by the terms hereof any money may become payable for any purpose (including, without limitation, the payment of the Principal or interest on any Security), then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to apply the same to the purpose for which such money was received and shall not be affected by any notice to the contrary which may be received by it during or after such three five Business Day period. Subject to the provisions of Section 7.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a an agent or trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a an agent or trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness ( or an agent or trustee therefor) to participate in any payment or distribution pursuant to this Article 11, the Trustee may request such Person (or its agent or trustee) to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11, and if such evidence is not furnished, the Trustee may defer any payment to such Person (or its agent or trustee) pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal office of the Trustee written notice thereof from the Company or a holder from one or more holders of Senior Priority Indebtedness of the Company or from any trustee therefor, therefor or representative thereof who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee or representative; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.017.1, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.1 or 12.5 acknowledging satisfaction and discharge of this Indenture or acknowledging a defeasance or in the event of a deposit under Section 12.5(d)(i) with respect to a covenant defeasance, then, if prior to the second Business Day preceding the date of such execution or deposit, as the case may be, the payment of Trustee shall not have received with respect to such moneys or the Principal or interest on any Security)moneys and/or Governmental Obligations deposited pursuant to Section 12.5 the notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or Governmental Obligations and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day period. Subject to date; provided, however, no such application shall affect the provisions of Section 7.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person obligations under this Article 11, and if of the Persons receiving such evidence is not furnished, moneys from the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such paymentTrustee.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 Fifteen or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal corporate trust office of the Trustee written notice thereof from the Company a Guarantor or a holder from one or more holders of Senior Indebtedness of a Guarantor or from any trustee therefor, therefor who shall have been certified by a Guarantor or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.01 acknowledging satisfaction and discharge of this Indenture, then if prior to the second Business Day preceding the date of such execution, the payment of Trustee shall not have received with respect to such moneys the Principal or interest on any Security)notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day perioddate; provided, however, no such application shall affect the obligations under this Article Fifteen of the Persons receiving such moneys from the Trustee. Subject to the provisions of Section 7.01, the The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself himself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11Fifteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, to the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11Fifteen, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its Corporate Trust Division shall have received at its Corporate Trust Office the principal office of the Trustee written notice thereof from the Company or a holder from one or more holders of Senior Indebtedness of the Company or from any trustee therefor, therefor who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.01 acknowledging satisfaction and discharge of this Indenture, then if prior to the second Business Day preceding the date of such execution, the payment of Trustee shall not have received with respect to such moneys the Principal or interest on any Security)notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day perioddate; provided, however, no such application shall affect the obligations under this Article of the Persons receiving such moneys from the Trustee. Subject to the provisions of Section 7.01, the The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself himself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, to the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11Article, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal office of the Trustee written notice thereof from the Company or a holder from one or more holders of Senior Priority Indebtedness of the Company or from any trustee therefor, therefor or representative thereof who shall have been certified by the Company or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee or representative; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.017.1, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.1 or 12.5 acknowledging satisfaction and discharge of this Indenture or acknowledging a defeasance or in the event of a deposit under Section 12.5(d)(i) with respect to a covenant defeasance, then, if prior to the second Business Day preceding the date of such execution or deposit, as the case may be, the payment of Trustee shall not have received with respect to such moneys or the Principal or interest on any Security)moneys and/or Government Obligations deposited pursuant to Section 12.5 the notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or Government Obligations and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day period. Subject to date; provided, however, no such application shall affect the provisions of Section 7.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person obligations under this Article 11, and if of the Persons receiving such evidence is not furnished, moneys from the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such paymentTrustee.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 Fifteen or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal corporate trust office of the Trustee written notice thereof from the Company a Guarantor or a holder from one or more holders of Senior Indebtedness of a Guarantor or from any trustee therefor, therefor who shall have been certified by a Guarantor or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01, shall be entitled in all respects to assume that no such facts exist; exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 12.01 acknowledging satisfaction and discharge of this Indenture, then if prior to the second Business Day preceding the date of such execution, the payment of Trustee shall not have received with respect to such moneys the Principal or interest on any Security)notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day perioddate; provided, however, no such application shall affect the obligations under this Article Fifteen of the Persons receiving such moneys from the Trustee. Subject to the provisions of Section 7.01, the The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself himself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11Fifteen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, to the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article 11Fifteen, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Notice to Trustee of Facts Prohibiting Payment. The Company shall give prompt written notice to a Responsible Officer Notwithstanding any of the Trustee located at the Corporate Trust Office of the Trustee of any fact known to the Company which would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding the provisions of this Article 11 or any other provision provisions of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts which would prohibit the making of any payment of moneys to or by the Trustee in respect of the Securities, unless and until a Responsible Officer of the Trustee assigned to its corporate trust department shall have received at its Corporate Trust Office the principal office of the Trustee written notice thereof from the Company Corporation or a holder from one or more holders of Senior Indebtedness of the Corporation or from any trustee therefor, therefor or representative thereof who shall have been certified by the Corporation or otherwise established to the reasonable satisfaction of the Trustee to be such a holder or trustee or representative; and, prior to the receipt of any such written notice, the Trustee, subject to the provisions of Section 7.01601, shall be entitled in all respects to assume that no such facts exist; provided, however, that that, if the Trustee shall not have received the notice provided for in this Section 11.03 at least three Business Days prior to the fifth Business Day preceding the date upon which by the terms hereof any money such moneys may become payable for any purpose (includingpurpose, without limitationor in the event of the execution of an instrument pursuant to Section 401, 1302 or 1303 acknowledging satisfaction and discharge of this Indenture or acknowledging a defeasance or in the event of a deposit under Section 1304(i) with respect to a covenant defeasance, then, if prior to the second Business Day preceding the date of such execution or deposit, as the case may be, the payment of Trustee shall not have received with respect to such moneys or the Principal or interest on any Security)moneys and/or Governmental Obligations deposited pursuant to Section 1304 the notice provided for in this Section, then, anything herein contained to the contrary notwithstanding, the Trustee shall have full power and authority to receive such money and to moneys and/or Governmental Obligations and/or apply the same to the purpose for which such money was received they were received, and shall not be affected by any notice to the contrary which may be received by it during on or after such three Business Day period. Subject to date; provided, however, no such application shall affect the provisions of Section 7.01, the Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing itself to be a holder of Senior Indebtedness (or a trustee therefor) to establish that such notice has been given by a holder of Senior Indebtedness (or a trustee therefor). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article 11, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person obligations under this Article 11, and if of the Persons receiving such evidence is not furnished, moneys from the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such paymentTrustee.