Common use of Obligation of the Company Unconditional Clause in Contracts

Obligation of the Company Unconditional. Nothing contained in this Section 9 or elsewhere in this Note is intended to or shall impair as between the Company and the Holder, the obligation of the Company, which is absolute and unconditional, to pay to the Holder the principal of and interest on this Note as and when the same shall become due and payable in accordance with its terms, or is intended to or shall affect the relative rights of the Holder and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holder of this Note from exercising all remedies otherwise permitted by applicable law upon default under this Note, subject to the rights, if any, under this Section 9 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 distribution of assets of the Company referred to in this Section 9, the holder of this Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder 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 Section 9.

Obligation of the Company Unconditional. Nothing contained in this Section 9 Annex A or elsewhere in this the Note is intended to or shall impair impair, as between the Company and the Holderholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holder of the Note the principal of and interest on this the Note as and when the same shall become due and payable in accordance with its their terms, or is intended to or shall affect the relative rights of the Holder holder of the Note and other creditors of the Company other than the holders of the Senior Indebtedness, nor nor, except as specifically provided herein, shall anything herein or therein prevent the Holder holder of this the Note from exercising all remedies otherwise permitted by applicable law upon default an Event of Default under this the Note, subject to the rights, if any, under this Section 9 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 distribution of assets of the Company referred to in this Section 9Company, the holder of this the Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder 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 and all other facts pertinent thereto or to this Section 9.Annex A.

Obligation of the Company Unconditional. Nothing contained in this Section 9 11 or elsewhere in this Note is intended to or shall impair impair, as between the Company and the Holderholder of this Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holder of this Note the principal of and interest on this Note as and when the same shall become due and payable in accordance with its terms, or is intended to or shall affect the relative rights of the Holder holder of this Note and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holder holder of this Note from exercising all remedies otherwise permitted by applicable law upon an event of default under this Note, subject to the rights, if any, under provisions of this Section 9 11 and Section 6 of this Note, including the rights of the holders of Senior Indebtedness in respect of cash, property or securities assets of the Company received upon the exercise of any such remedy. Upon any distribution of assets of the Company referred to in this Section 911, the holder of this Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder holder of this 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 and all other facts pertinent thereto or to this Section 911.

Obligation of the Company Unconditional. Nothing contained in this Section 9 Annex A or elsewhere in this the Note is intended to or shall impair impair, as between the Company and the Holderholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holder of the Note the principal of and interest on this the Note as and when the same shall become due and payable in accordance with its their terms, or is intended to or shall affect the relative rights of the Holder 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 Holder holder of this the Note from exercising all remedies otherwise permitted by applicable law upon an event of default under this the Note, subject to the provisions of this Annex A and the rights, if any, under this Section 9 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 distribution of assets of the Company referred to in this Section 9Annex A, the holder of this the Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder 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 and all other facts pertinent thereto or to this Section 9.Annex A.

Obligation of the Company Unconditional. Nothing contained in this Section 9 Annex A or elsewhere in this the Note is intended to or shall impair impair, as between the Company and the Holderholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holder of the Note the principal of and interest on this the Note as and when the same shall become due and payable in accordance with its their terms, or is intended to or shall affect the relative rights of the Holder 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 Holder holder of this the Note from exercising all remedies otherwise permitted by applicable law upon default under this Notelaw, subject to the rights, if any, under this Section 9 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 distribution of assets of the Company referred to in this Section 9Annex A, the holder of this the Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder 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 and all other facts pertinent thereto or to this Section 9.Annex A.

Obligation of the Company Unconditional. Nothing contained in this Section 9 Annex A or elsewhere in this the Note is intended to or shall impair impair, as between the Company and the Holderholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holder of the Note the principal of and interest on this the Note as and when the same shall become due and payable in accordance with its terms, or is intended to or shall affect the relative rights of the Holder 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 Holder holder of this the Note from exercising all remedies otherwise permitted by applicable law upon default under this Notelaw, subject to the rights, if any, under this Section 9 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 distribution of assets of the Company referred to in this Section 9Annex A, the holder of this the Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder 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 and all other facts pertinent thereto or to this Section 9.Annex A.

Obligation of the Company Unconditional. Nothing contained in this Section 9 Annex A or elsewhere in this the Note is intended to or shall impair impair, as between the Company and the Holderholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holder of the Note the principal of and interest on this the Note as and when the same shall become due and payable in accordance with its their terms, or is intended to or shall affect the relative rights of the Holder 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 Holder holder of this the Note from exercising all remedies otherwise permitted by applicable law upon an event of default under this the Note, subject to the rights, if any, under this Section 9 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 distribution of assets of the Company referred to in this Section 9Annex A, the holder of this the Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder 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 and all other facts pertinent thereto or to this Section 9.Annex A.

Obligation of the Company Unconditional. Nothing contained in this Section 9 Annex A or elsewhere in this the Note is intended to or shall impair impair, as between the Company and the Holderholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holder of the Note the principal of and interest on this the Note as and when the same shall become due and payable in accordance with its their terms, or is intended to or shall affect the relative rights of the Holder holder of the Note and creditors of the Company other than the holders of the Senior Indebtedness, nor nor, except as specifically provided herein, shall anything herein or therein prevent the Holder holder of this the Note from exercising all remedies otherwise permitted by applicable law upon an event of default under this the Note, subject to the rights, if any, under this Section 9 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 distribution of assets of the Company referred to in this Section 9Annex A, the holder of this the Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person Person making any distribution to the Holder holder of the Note, 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 and all other facts pertinent thereto or to this Section 9.Annex A.

Obligation of the Company Unconditional. Nothing contained in this Section 9 Annex A or elsewhere in this the Note is intended to or shall impair impair, as between the Company and the Holderholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holder of the Note the principal of and interest on this the Note as and when the same shall become due and payable in accordance with its their terms, or is intended to or shall affect the relative rights of the Holder holder of the Note and creditors of the Company other than the holders of the Senior Indebtedness, nor nor, except as specifically provided herein, shall anything herein or therein prevent the Holder holder of this the Note from exercising all remedies otherwise permitted by applicable law upon an event of default under this the Note, subject to the rights, if any, under this Section 9 Annex A 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 distribution of assets of the Company referred to in this Section 9Annex A, the holder of this the Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person Person making any distribution to the Holder holder of the Note, 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 and all other facts pertinent thereto or to this Section 9.Annex A.

Obligation of the Company Unconditional. Nothing contained in this Section 9 Annex A or elsewhere in this the Note (other than the Repayment Alteration Provisions) is intended to or shall impair impair, as between the Company and its holder of the HolderNote, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holder of the Note the principal of and interest on this the Note as and when the same shall become due and payable in accordance with its their terms, or is intended to or shall affect the relative rights of the Holder 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 Holder holder of this the Note from exercising all remedies otherwise permitted by applicable law upon default under this Notelaw, subject to the rights, if any, under this Section 9 Annex A of the holders of the Senior Indebtedness in respect of cash, property property, or securities of the Company received upon the exercise of any such remedy. Upon any distribution of assets of the Company referred to in this Section 9Annex A, the holder of this the Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder 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 and all other facts pertinent thereto or to this Section 9.Annex A.

Obligation of the Company Unconditional. Nothing contained in this Section 9 or elsewhere in this Note herein is intended to or shall impair impair, as between the Company Company, its creditors other than holders of Senior Debt and the Holderholders of the Debentures, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holders of the Debentures the principal of and interest on this Note the Debenture as and when the same shall become due and payable in accordance with its their terms, or is intended to or shall affect the relative rights of the Holder holders of the Debentures and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent the Holder holders of this Note the Debentures from exercising all remedies otherwise permitted by applicable law upon default under this Notedefault, subject to the rights, if any, under this Section 9 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 distribution of assets of the Company referred to in this Section 9Section, the holder holders of this Note the Debentures shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder holders of the Debentures, 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 and all other facts pertinent thereto or to this Section 9Section.

Obligation of the Company Unconditional. Nothing contained in this Section 9 Annex A or elsewhere in this the Note is intended to or shall impair impair, as between the Company and the Holderholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holder of the Note the principal of and interest on this the Note as and when the same shall become due and payable in accordance with its their terms, or is intended to or shall affect the relative rights of the Holder 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 Holder holder of this the Note from exercising all remedies otherwise permitted by applicable law upon an event of default under this the Note, subject to the provisions of this Annex A and the rights, if any, under this Section 9 Annex A 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 distribution of assets of the Company referred to in this Section 9Annex A, the holder of this the Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder 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 of amounts paid or distributed thereon and all other facts pertinent thereto or to this Section 9.Annex A.

Obligation of the Company Unconditional. Nothing --------------------------------------- contained in this Section 9 Annex A or elsewhere in this the Note is intended to or shall impair impair, as between the Company and the Holderholder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the Holder holder of the Note the principal of and interest on this the Note as and when the same shall become due and payable in accordance with its their terms, or is intended to or shall affect the relative rights of the Holder 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 Holder holder of this the Note from exercising all remedies otherwise permitted by applicable law upon an event of default under this the Note, subject to the rights, if any, under this Section 9 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 distribution of assets of the Company referred to in this Section 9Annex A, the holder of this the Note shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee or agent or other person making any distribution to the Holder 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 and all other facts pertinent thereto or to this Section 9.Annex A.