Common use of Obligations of Company Unconditional Clause in Contracts

Obligations of Company Unconditional. Nothing contained in this Article XII or elsewhere in this Indenture or in any Security is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their terms or is intended to nor 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 XII of the holders of such Senior 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, premium, if any, or interest on the Securities by reason of any provision of this Article XII shall not be construed as preventing the occurrence of an Event of Default under Section 6.01.

Obligations of Company Unconditional. Nothing Subject to the terms and conditions of the Security Documents, nothing contained in this Article XII XIII or elsewhere in this Indenture or in any Security the Notes is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which are is absolute and unconditional, to pay to the Holders the principal of, of (premium, if any), and interest on on, the Securities Notes as and when the same shall become due and payable in accordance with their terms terms, or is intended to nor or shall affect the relative rights of the Holders of the Notes and creditors of the Company other than the holders of the Senior IndebtednessDebt, 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 XII XIII of the holders of such Senior Indebtedness 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, premium, if any, or interest on on, the Securities Notes by reason of any provision of this Article XII XIII shall not be construed as preventing the occurrence of a Default or an Event of Default under Section 6.01hereunder.

Obligations of Company Unconditional. Nothing contained in this Article XII or elsewhere in this Indenture or in any Security is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, and interest on the Securities as and when the same shall become due and payable in accordance with their terms or is intended to nor 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 XII of the holders of such Senior 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, premium, if any, or interest on the Securities by reason of any provision of this Article XII shall not be construed as preventing the occurrence of an Event of Default under Section 6.016.1.

Obligations of Company Unconditional. Nothing contained in this Article XII X or elsewhere in this Indenture or in any Security is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which are absolute and unconditional, to pay to the Holders the principal of, premium, if any, 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 nor 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 XII X of the holders of such Senior 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, premium, if any, of or interest on the Securities by reason of any provision of this Article XII X shall not be construed as preventing the occurrence of an Event of Default under Section 6.01.

Obligations of Company Unconditional. Nothing contained in this Article XII Section 8 or elsewhere in this Indenture Agreement or in any Security the Note is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which are absolute and unconditional, to pay to the Holders the principal of, of (premium, if any), and interest on on, the Securities Note as and when the same shall become due and payable in accordance with their terms terms, or is intended to nor or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior IndebtednessDebt, 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 IndentureAgreement, subject to the rights, if any, under this Article XII Section 8 of the holders of such Senior Indebtedness 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, premium, if any, or interest on on, the Securities Note by reason of any provision of this Article XII Section 8 shall not be construed as preventing the occurrence of a Default or an Event of Default under Section 6.01hereunder.

Obligations of Company Unconditional. Nothing contained in this Article XII Eleven or elsewhere in this Indenture or in any Security Note is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which are absolute and unconditional, unconditional to pay to the Holders the principal of, premium, if any, and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms terms, or is intended to nor or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the 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 XII Eleven of the holders of such Senior Indebtedness 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 of, premium, if any, or interest on on, the Securities Notes by reason of any provision of this Article XII Eleven shall not be construed as preventing the occurrence of an Event of Default under Section 6.016.1. SECTION 11.

Obligations of Company Unconditional. Nothing contained in this Article XII or elsewhere in this Indenture or in any Security is intended to or of the Securities shall impair, as between the Company and the Holders, the obligations of prevent (a) the Company, which are absolute at any time except during the pendency of any Proceeding referred to in Section 13.2 or under the conditions described in Sections 13.3 and unconditional13.4, to pay to the Holders the from making payments at any time of principal of, of (and premium, if any) or interest (including Additional Interest) on the Securities, or (b) the application by the Trustee of any money deposited with it hereunder to the payment of or on account of the principal of (and premium, if any) or interest (including any Additional Interest) on the Securities as and when or the same shall become due and payable in accordance with their terms or is intended to nor shall affect retention of such payment by the relative rights Holders, if, at the time of such application by the Trustee, a Responsible Officer of the Holders and creditors Trustee did not have actual knowledge that such payment would have been prohibited by the provisions of this Article. Notwithstanding the foregoing, the failure of the Company other than to make a payment on account of principal of (or premium, if any) or interest on (including any Additional Interest) the holders Securities by reason of Senior Indebtedness, nor any provision of this Article XIII shall anything herein or therein not prevent the Trustee occurrence of an Event of Default under Article V, or prevent the Holder of any Holder Security from exercising all remedies otherwise permitted by applicable law upon Default under this Indenturethe occurrence of an Event of Default, subject to the rights, if any, under this Article XII XIII of the holders of such Senior Indebtedness 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, premium, if any, or interest on the Securities by reason of any provision of this Article XII shall not be construed as preventing the occurrence of an Event of Default under Section 6.01.

Obligations of Company Unconditional. (a) Nothing contained in this Article XII Ten or elsewhere in this Indenture or in any Security the Notes is intended to or shall impair, as between among the Company and the Holders, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders the principal of, premium, if any, and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms terms, or is intended to nor or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holders or the Trustee or any Holder on their behalf from exercising all remedies otherwise permitted by applicable law upon Default default under this Indenture, subject to the rights, if any, under this Article XII Ten of the holders of such the Senior Indebtedness. (b) Without limiting the generality of the foregoing, nothing contained in this Article Ten will restrict the right of the Trustee or the Holders to take any action to declare the Notes to be due and payable prior to their Stated Maturity pursuant to Section 6.01 of this Indenture or to pursue any rights or remedies hereunder; provided, however, that all Senior 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, premium, if any, or interest on the Securities by reason of any provision of this Article XII shall not be construed as preventing the occurrence of an Event of Default under Section 6.01.then

Obligations of Company Unconditional. Nothing contained in this Article XII Eleven or elsewhere in this Indenture or in any Security Note is intended to or shall impair, as between the Company and the Holders, the obligations of the Company, which are absolute and unconditional, unconditional to pay to the Holders the principal of, premium, if any, and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms terms, or is intended to nor or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the 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 XII Eleven of the holders of such Senior Indebtedness 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 of, premium, if any, or interest on on, the Securities Notes by reason of any provision of this Article XII Eleven shall not be construed as preventing the occurrence of an Event of Default under Section 6.016.1.