Common use of Obligations of Company Unconditional Clause in Contracts

Obligations of Company Unconditional. Nothing contained in this Article XIII or elsewhere in this Indenture or in the Notes is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which is absolute and unconditional, to pay to the Holders the principal of (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 the Senior Debt, nor shall anything herein or therein prevent any Holder from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default or Event of Default under this Indenture, subject to the rights, if any, under this Article XIII of the holders of Senior Debt in respect of cash, property or securities of the Company received upon the exercise of any such remedy. The failure to make a payment on account of principal of, or interest on, the Notes by reason of any provision of this Article XIII shall not be construed as preventing the occurrence of a Default or an Event of Default hereunder.

Obligations of Company Unconditional. (a) Nothing contained in this Article XIII or elsewhere in this Indenture or in the Notes Section 11 is intended to or shall impair, as between the Company and the Holders, holders of the Notes the obligations of the Company, which is are absolute and unconditional, to pay to the Holders holders of the Notes, the principal of (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 holders of the Notes and creditors of the Company other than the holders of the Senior DebtIndebtedness, nor shall anything herein or therein prevent any Holder holder of the Notes from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default or Event of Default under this IndentureDefault, subject to the rights, if any, under this Article XIII the Subordination Agreement of the holders of the Senior Debt Indebtedness in respect of any cash, property or securities of the Company received upon the exercise of any such remedy. . (b) The failure to make a payment on account of principal of, or interest on, the Notes by reason of any provision of this Article XIII Section 11 shall not be construed as preventing the occurrence of a Default or an Event of Default hereunderunder Section 6.1.

Obligations of Company Unconditional. Nothing contained in this Article XIII X or elsewhere in this Indenture or in the Notes any Note is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which is are absolute and unconditional, unconditional to pay to the Holders the principal of principal, Redemption Price or Purchase Price of, or interest or Liquidated Damages (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 creditors, of the Company other than the holders of the Senior DebtIndebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default or Event of Default under this Indenture, subject to the rights, if any, under this Article XIII X of the holders of such Senior Debt Indebtedness in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. The failure to make a payment on account of principal principal, Redemption Price or Purchase Price of, or interest or Liquidated Damages (if any) on, the Notes by reason of any provision of this Article XIII X shall not be construed as preventing the occurrence of a Default or an Event of Default hereunderunder Section 6.1.

Obligations of Company Unconditional. Nothing contained in this Article XIII X or elsewhere in this Indenture or in the Notes any Note is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which is are absolute and unconditional, unconditional to pay to the Holders the principal of principal, Redemption Price or Purchase Price of, or interest or Liquidated Damages (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 the Senior Debt, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default or Event of Default under this Indenture, subject to the rights, if any, under this Article XIII X of the holders of such Senior Debt in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. The failure to make a payment on account of principal principal, Redemption Price or Purchase Price of, or interest or Liquidated Damages (if any) on, the Notes by reason of any provision of this Article XIII X shall not be construed as preventing the occurrence of a Default or an Event of Default hereunderunder Section 6.1.

Obligations of Company Unconditional. Nothing contained in this Article XIII Section 11 or elsewhere in this Indenture Agreement or in the Notes Note is intended to to, or shall shall, impair, as between the Company Company, its creditors other than the holders of Senior Indebtedness and the HoldersNoteholder, the obligations of the Company, which is are absolute and unconditional, to pay to the Holders Noteholder the principal of (premium, if any), and interest on, on the Notes 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 of the Notes Noteholder and creditors of the Company other than the holders of Senior Indebtedness of the Senior DebtCompany, nor shall anything herein or therein prevent any Holder the Noteholder from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default or an Event of Default under this IndentureAgreement, subject to the rights, if any, under this Article XIII Section 11 of the holders of such Senior Debt Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. The failure to make a payment on account of principal of, of or interest on, on the Notes Note by reason of any provision of this Article XIII Section 11 shall not be construed as preventing the occurrence of a Default or an Event of Default hereunderunder Section 8.1.

Obligations of Company Unconditional. Nothing contained in this Article XIII Section 9 or elsewhere in this Indenture Agreement or in the Senior Subordinated Notes is intended to or shall impair, as between the Company any Credit Party and the Holders, the obligations of the Companysuch Credit Party, which is are absolute and unconditional, to pay to the Holders the principal of (premium, if any), and interest on, the Senior Subordinated 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 any Credit Party other than the holders of the Senior Debt, nor shall anything herein or therein prevent any Holder from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default or Event of Default under this IndentureAgreement, subject to the rights, if any, under this Article XIII Section 9 of the holders of Senior Debt in respect of cash, property or securities of the Company any Credit Party received upon the exercise of any such remedy. The failure to make a payment on account of principal of, or interest on, the Senior Subordinated Notes by reason of any provision of this Article XIII Section 9 shall not be construed as preventing the occurrence of a Default or an Event of Default hereunder.