Common use of Obligation of the Company Unconditional Clause in Contracts

Obligation of the Company Unconditional. Nothing contained in this Annex A or in the Note is intended to or shall impair, as between the Company and the holder of the Note, the obligation of the Company, which is absolute and unconditional, to pay to the holder of the Note the principal of and interest on the 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 holder of the Note and other creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the holder of the Note from exercising all remedies otherwise permitted by applicable law upon an event of default under the Note, subject to all of the restrictions set forth in this Annex A and the rights, if any, under this 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.

Obligation of the Company Unconditional. Nothing contained in this Annex A or in the Note Subordination Provisions is intended to or shall impair, as between the Company and the holder of the NotePayee, the obligation of the Company, which is absolute and unconditional, to pay to the holder of the Note Payee the principal of and interest on the Note owing as evidenced pursuant to Section 1.01 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 holder of the Note Payee and other creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the holder of the Note Payee from exercising all remedies otherwise permitted by applicable law upon an event of default under the Note, subject to all of the restrictions set forth in this Annex A and the rights, if any, under this 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.