Common use of Obligation of Company Unconditional Clause in Contracts

Obligation of Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, and all other facts pertinent thereto or to this Article.

Obligation of Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Notes Subordinated Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness Indebtedness, and the Holders, holders of the Subordinated Securities the obligation of the Company, which is absolute and unconditional, unconditional to pay to the Holders holders of the Subordinated Securities the principal of of, premium, if any, and interest on the Notes Subordinated Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders holders of the Subordinated Securities and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the holder of any Holder Subordinated Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders holders of the Subordinated Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other Person making any payment or distribution, delivered to the Trustee or to the holders of the Subordinated Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article. 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 Section, 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, as to the extent to which such Person is entitled to participate in such payment or distribution, and as to other facts pertinent to the right of such Person under this Section, 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.

Obligation of Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Debt, and the HoldersHolders of the Notes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Notes the principal of (and premium, if any) and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Company other than the holders of Senior IndebtednessDebt, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen of the holders of Senior Indebtedness Debt in respect of cash, property or securities of the Company received upon the exercise exercises of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle Thirteen, the Trustee and the Holders Noteholders of the Notes shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding winding-up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the liquidating trustee or agent or other person making any payment or distribution to the Trustee or to the Noteholders of the Notes for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle Thirteen.

Obligation of Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, and all other facts pertinent thereto or to this Article. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or an agent or representative of such holder or a trustee under any indenture under which any instruments evidencing any such Senior Indebtedness may have been issued) to establish that such notice has been given by a holder of such Senior Indebtedness or such agent or representative or trustee on behalf of such holder. 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 XV, 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 right of such Person under this Article XV, 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 or distribution.

Obligation of Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Notes Subordinated Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness Indebtedness, and the Holdersholders of the Subordinated Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders holders of the Subordinated Securities the principal of of, premium, if any, and interest on the Notes Subordinated Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders holders of the Subordinated Securities and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the holder of any Holder Subordinated Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders holders of the Subordinated Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other Person making any payment or distribution, delivered to the Trustee or to the holders of the Subordinated Securities, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article. 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 Section, 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, as to the extent to which such Person is entitled to participate in such payment or distribution, and as to other facts pertinent to the right of such Person under this Section, 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.

Obligation of Company Unconditional. Nothing contained in this Article Twelve or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Debt, and the HoldersHolders of the Notes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Notes the principal of (and premium, if any) and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Company other than the holders of Senior IndebtednessDebt, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Twelve of the holders of Senior Indebtedness Debt in respect of cash, property or securities of the Company received upon the exercise exercises of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle Twelve, the Trustee and the Holders Noteholders of the Notes shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding winding-up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the liquidating trustee or agent or other person making any payment or distribution to the Trustee or to the Noteholders of the Notes for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.

Obligation of Company Unconditional. Nothing contained in this Article Fifteen or elsewhere in this Indenture or in the Notes Securities, (1) is intended to or shall impair, impair as among the Company, between its creditors other than the holders of Senior Indebtedness and the HoldersHolders of the Securities, the obligation of the Company, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any), interest on on, or any Additional Amounts with respect to, the Notes Securities as and when the same shall become due and payable in accordance with their terms, or or (2) is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein or (3) prevent the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Fifteen of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle Fifteen, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, Company the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle Fifteen.

Obligation of Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Notes Securities, (1) is intended to or shall impair, impair as among the Company, between its creditors other than the holders of Senior Indebtedness and the HoldersHolders of the Securities, the obligation of the Company, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any), interest on on, or any Additional Amounts with respect to, the Notes Securities as and when the same shall become due and payable in accordance with their terms, or , (2) is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent or (3) prevents the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle Thirteen, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, Company the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.Article Thirteen

Obligation of Company Unconditional. Nothing contained in this Article Fifteen or elsewhere in this Indenture or in the Notes Securities, (1) is intended to or shall impair, impair as among the Company, between its creditors other than the holders of Senior Indebtedness and the HoldersHolders of the Securities, the obligation of the Company, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any), interest on on, or any Additional Amounts with respect to, the Notes Securities as and when the same shall become due and payable in accordance with their terms, or or (2) is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein or (3) prevent the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Fifteen of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle Fifteen, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, Company the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle Fifteen.

Obligation of Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Notes Bonds is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Indebtedness, and the HoldersHolders of the Bonds, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Bonds such principal (and premium, if any) of and interest on the Notes Bonds as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Bonds and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Twelve of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise exercises of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle , the Trustee and the Holders of the Bonds shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding winding-up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the liquidating trustee or agent or other person making any payment or distribution to the Trustee or to the Holders of the Bonds for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of Indebtedness or the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.

Obligation of Company Unconditional. 7.4.1 Nothing contained in this Article or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. . 7.4.2 Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, receiver and manager, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.

Obligation of Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any premium or interest on the Notes Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.

Obligation of Company Unconditional. Nothing contained in this Article Twelve or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Debt, and the HoldersHolders of the Notes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Notes the principal of (and premium, if any) and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Company other than the holders of Senior IndebtednessDebt, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Twelve of the holders of Senior Indebtedness Debt in respect of cash, property or securities of the Company received upon the exercise exercises of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle Twelve, the Trustee and the Holders Noteholders of the Notes shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding winding-up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the liquidating trustee or agent or other person making any payment or distribution to the Trustee or to the Noteholders of the Notes for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.Article Twelve. -72- Indenture

Obligation of Company Unconditional. Nothing contained in this Article Section 2 or elsewhere in this Indenture Agreement, the Loan Agreement, the May 1998 Securities Purchase Agreement, the Alpharma Note or in the Notes Furmxx Xxxes is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness and Alpharma and the HoldersOriginal Lenders, the obligation of the Company, which is absolute and unconditional, to pay to Alpharma and the Holders Original Lenders the principal of and interest on the Notes Alpharma Note and the Furmxx Xxxes, as applicable, as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of Alpharma and the Holders Original Lenders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent Alpharma and the Trustee or any Holder Original Lenders from exercising all remedies otherwise permitted by applicable law upon default under this IndentureAgreement, subject to the rights, if any, under this Article Section 2 of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleSection 2, the Trustee Alpharma and the Holders shall be Original Lenders are entitled to rely upon any order or decree of a by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending pending, or a certificate of the liquidating trustee or agent or other Person making any distribution to Alpharma and the Original Lenders for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleSection 2. Nothing contained in this Section 2 or elsewhere in this Agreement, the Alpharma Note or the Furmxx Xxxes is intended to or shall affect the obligation of the Company to make, or prevent the Company from making, at any time except during the pendency of any dissolution, winding up, liquidation or reorganization proceeding, and except during the continuance of any default specified in Section 2.3 (not cured or waived), payments at any time of the principal or of interest on the Securities.

Obligation of Company Unconditional. Nothing contained in this Article XV or elsewhere in this Indenture or in the Notes Securities, (a) is intended to or shall impair, impair as among the Company, between its creditors other than the holders of Senior Indebtedness and the HoldersHolders of the Securities, the obligation of the Company, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any), interest on on, or any Additional Amounts with respect to, the Notes Securities as and when the same shall become due and payable in accordance with their terms, or ; or (b) is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein ; or (c) prevent the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XV of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle XV, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, Company the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle XV.

Obligation of Company Unconditional. Nothing contained in this Article Twelve or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Debt, and the HoldersHolders of the Notes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Notes the principal of and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Company other than the holders of Senior IndebtednessDebt, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of Twelve to the holders of Senior Indebtedness Debt in respect of cash, property or securities of the Company received upon the exercise exercises of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle Twelve, the Trustee and the Note Holders shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding winding-up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the liquidating trustee or agent or other person making any payment or distribution to the Trustee or to the Note Holders for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.

Obligation of Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Notes any Subordinated Security or related coupon is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the HoldersHolders of the Subordinated Securities and any related coupons, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Subordinated Securities and any related coupons the principal of of, premium, if any, and interest interest, if any, on the Notes Subordinated Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect (except to the extent specifically provided above in Section 1404) the relative rights of the Holders of the Subordinated Securities and any related coupons and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent the Trustee or the Holder of any Holder Subordinated Security or any related coupon from exercising all remedies otherwise permitted by applicable law upon default the occurrence of an Event of Default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders of the Subordinated Securities and any related coupons shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which such dissolutionproceedings therefor are pending, winding upor a certificate of the liquidating trustee or agent or other person making any distribution to the Trustee or to the Holders of the Subordinated Securities and any related coupons, liquidation or reorganization proceedings are pending for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Indebtedness Debt and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.

Obligation of Company Unconditional. Nothing contained in this Article XVI or elsewhere in this Indenture or in the Notes Securities, (a) is intended to or shall impair, impair as among the Company, between its creditors other than the holders of Senior Indebtedness and the HoldersHolders of the Securities, the obligation of the Company, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any), interest on on, or any Additional Amounts with respect to, the Notes Securities as and when the same shall become due and payable in accordance with their terms, or ; or (b) is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent ; or (c) prevents the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XVI of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. remedy Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle XVI, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, Company the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle XVI.

Obligation of Company Unconditional. Nothing contained in this Article Fifteen or elsewhere in this Indenture or in the Notes Securities, (a) is intended to or shall impair, impair as among the Company, between its creditors other than the holders of Senior Indebtedness and the HoldersHolders of the Securities, the obligation of the Company, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any), interest on on, or any Additional Amounts with respect to, the Notes Securities as and when the same shall become due and payable in accordance with their terms, or ; or (b) is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein ; or (c) prevent the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Fifteen of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle Fifteen, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, Company the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle Fifteen.

Obligation of Company Unconditional. Nothing contained in this Article Twelve or elsewhere in this Indenture or in the Notes Debentures is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Debt, and the HoldersHolders of the Debentures, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Debentures the principal of (and premium, if any) and interest on the Notes Debentures as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Debentures and creditors of the Company other than the holders of Senior IndebtednessDebt, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Twelve of the holders of Senior Indebtedness Debt in respect of cash, property or securities of the Company received upon the exercise exercises of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle Twelve, the Trustee and the Holders Debentureholders of the Debentures shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding winding-up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the liquidating trustee or agent or other person making any payment or distribution to the Trustee or to the Debentureholders of the Debentures for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle Twelve.

Obligation of Company Unconditional. Nothing contained in this Article 16 or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as among between the Company, Company and its creditors other than the holders of Senior Indebtedness and the HoldersHolders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any), interest on on, or any Additional Amounts with respect to, the Notes Securities and Coupons as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Securities and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article 16 of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this ArticleArticle 16, the Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders of the Securities, for the purpose of ascertaining the persons entitled to participate in 74 84 such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, Company the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this ArticleArticle 16.

Obligation of Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Notes Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Notes Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment or distribution of assets or securities of the Company referred to in this Article, the Trustee and the Holders shall be entitled to rely upon any order or decree of a made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any payment or distribution, delivered to the Trustee or to the Holders, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon, thereon and all other facts pertinent thereto or to this Article.