Common use of Obligation of the Company Unconditional Clause in Contracts

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the 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 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 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 the Company Unconditional. Nothing contained in this Article Nine or elsewhere in this Indenture or in the Securities any Security 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 Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and interest on the 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 of the Securities and creditors of the Company other than the holders of the 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 Default under this Indenture, subject to the rights, if any, under this Article Nine 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 Nine, the Trustee Trustee, subject to the provisions of Sections 6.01 and 6.02, 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 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 the Trustee or to the Holders of the Securities, 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, thereon and all other facts pertinent thereto or to this ArticleArticle Nine.

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the 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 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 court of competent jurisdiction in which such dissolution, winding 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 the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the 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 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 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, thereon and all other facts pertinent thereto or to this Article.

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture Annex A or in the Securities Note is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the Holdersholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holders holder of the Note the principal of and interest on the Securities Note as and when the same shall become due and payable in accordance with their its terms, or is intended to or shall affect the relative rights of the Holders holder of the Note and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder holder of the Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenturelaw, subject to the rights, if any, under this Article Annex A of the holders of Senior Indebtedness in respect of cash, property 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 ArticleAnnex A, the Trustee and holder of the Holders Note shall be entitled to rely upon any order or decree of a made 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 the holder of the Note, 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, thereon and all other facts pertinent thereto or to this Article.Annex A.

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture Annex A or in the Securities Intercompany Note is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the Holders[INSERT NAME OF AFFILIATE], the obligation of the Company, which is absolute and unconditional, to pay to the Holders [INSERT NAME OF AFFILIATE] the principal of and interest on the Securities Intercompany Note 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 [INSERT NAME OF AFFILIATE] and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein therein, except as expressly provided, prevent the Trustee or any Holder [INSERT NAME OF AFFILIATE] from exercising all remedies otherwise permitted by applicable law upon default under this Indenturelaw, subject to the rights, if any, under this Article Annex A of the holders of Senior Indebtedness Debt in respect of cash, property 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 ArticleAnnex A, the Trustee and the Holders [INSERT NAME OF AFFILIATE] shall be entitled to rely upon any order or decree of a made 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 [INSERT NAME OF AFFILIATE], for the purpose of ascertaining the persons 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.Annex A.

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture Annex A or in the Securities Note is intended to or shall impair, as among between the Company, its creditors other than the holders of Senior Indebtedness Company and the Holdersholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holders holder of the Note the principal of and interest on the Securities Note 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 holder of the Note and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder holder of the Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenturelaw, subject to the rights, if any, under this Article Annex A of the holders of Senior Indebtedness in respect of cash, property 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 ArticleAnnex A, the Trustee and holder of the Holders Note shall be entitled to rely upon any order or decree of a made 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 the holder of the Note, 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, thereon and all other facts pertinent thereto or to this Article.Annex A.

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the 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 rights of the Company, which is absolute and unconditional, Holders to pay to the Holders payment of the principal of and interest on the Securities as and when the same shall become due and payable in accordance with their termsterms without the consent of the Holders, 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 the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the 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 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 court of competent jurisdiction in which such bankruptcy, dissolution, winding up, liquidation or reorganization proceedings are pending or upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee agent or other person making such payment or distribution delivered to the Trustee or to the Holders 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.