Common use of Obligations of Company Unconditional Clause in Contracts

Obligations of Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Debentures is intended to or shall impair as between the Company and the Holders of the Debentures, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Debentures the principal of, premium, if any, and interest on the Debentures, or make payments in respect of the sinking fund, for the Debentures, 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 Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the Holder of any Debenture from exercising all rights and remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen 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 Article Thirteen, the Trustee, subject to the provisions of Section 8.l of this Indenture, and the Holders of the Debentures 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 Trustee or to the Holders of the Debentures, for the purpose of ascertaining the persons to participate in such distribution, the Holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof and all other facts pertinent thereto or to this Article Thirteen.

Obligations of Company Unconditional. Nothing contained in this Article Thirteen XV or elsewhere in this Indenture or in the Debentures Guarantee is intended to or shall impair impair, as between the Company and the Holders of the DebenturesHolders, the absolute and 84 95 unconditional obligation of the Company, which is absolute and unconditional, Company to pay to the Holders of all amounts due and payable under the Debentures Securities and the principal of, premium, if anyIndenture, and interest on the Debentures, or make payments in respect of the sinking fund, for the Debenturesany other Subordinated Obligations, as and when the same shall become due and payable in accordance with their terms. Furthermore, or nothing contained in this Article XV is intended to or shall affect the relative rights of the Holders and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor or shall anything herein or therein prevent the Trustee or the any Holder of any Debenture from exercising all rights and remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen XV, of the Holders 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 Article ThirteenXV, the Trustee, subject to the provisions of Section 8.l of this Indenture, Trustee and the Holders of the Debentures 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 receiver, trustee in bankruptcy, liquidating trustee or agent or other person Person making any payment or distribution to the Trustee or to the Holders of the Debentures, for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the Holders holders of the Senior Indebtedness Debt and other indebtedness 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 ThirteenXV. Nothing in this Section 15.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 6.7.

Obligations of Company Unconditional. (a) Nothing contained in this Article Thirteen 14 or elsewhere in this Indenture or in the Debentures Notes is intended to or shall impair impair, as between among the Company and the Holders of the DebenturesHolders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Debentures the principal of, premium, if any, and interest on the Debentures, or make payments in respect of the sinking fund, for the Debentures, 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 and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee Holders or the Holder of any Debenture Trustee on their behalf from exercising all rights and remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen 14 of the holders of the Senior Indebtedness. (b) Without limiting the generality of the foregoing, nothing contained in this Article 14 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 then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash, before the Holders or the Trustee on behalf of the Holders of Senior Indebtedness in respect of cash, property, are entitled to receive any direct or securities of indirect payment from the Company received upon the exercise of any such remedy. Upon any distribution of assets of the Company referred to in this Article Thirteen, the Trustee, subject to the provisions of Section 8.l of this Indenture, and the Holders of the Debentures 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 Trustee or to the Holders of the Debentures, for the purpose of ascertaining the persons to participate in such distribution, the Holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof and all other facts pertinent thereto or to this Article ThirteenNote Obligations.

Obligations of Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Debentures Securities is intended to or shall impair impair, as between the Company Company, its creditors other than the holders of Senior Indebtedness, and the Holders of the DebenturesSecurities, the obligation obligations of the Company, which is are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of, premium, if any, of and interest on and Additional Amounts with respect to the Debentures, or make payments in respect of the sinking fund, for the Debentures, Securities as and when the same shall become due and payable parable 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 Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the Holder of any Debenture Security from exercising all rights and remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen of the Holders holders of Senior 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 of the Company referred to in this Article ThirteenArticle, the Trustee, subject to the provisions of Section 8.l of this Indenture, Trustee and the Holders of the Debentures Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which any such 82 dissolution, winding up, liquidation or reorganization proceedings are pending, proceeding affecting the affairs of the Company is pending or upon a certificate of the trustee in bankruptcy, receiver, assignee for the benefit of creditors, liquidating trustee or agent or other person making any distribution payment or distribution, delivered to the Trustee or to the Holders of the DebenturesSecurities, for the purpose of ascertaining the persons entitled to participate in such payment or distribution, the Holders holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof or payable thereon, the amount paid or distributed thereon and all other facts pertinent thereto or to this Article ThirteenArticle.

Obligations of Company Unconditional. (a) Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Debentures Notes is intended to or shall impair impair, as between among the Company and the Holders of the DebenturesHolders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Debentures the principal of, premium, if any, and interest on the Debentures, or make payments in respect of the sinking fund, for the Debentures, Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall impair as between each Subsidiary Guarantor and the Holders the obligation of each Subsidiary Guarantor, which is absolute and unconditional to pay the Holders the amounts due under the Note Guarantee, 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 Holders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee Holders or the Holder of any Debenture Trustee on their behalf from exercising all rights and remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen Ten of the Holders of Senior Indebtedness in respect of cash, property, or securities holders of the Company received upon Senior Indebtedness. (b) Without limiting the exercise of any such remedy. Upon any distribution of assets generality of the Company referred to foregoing, nothing contained in this Article Thirteen, Ten will restrict the Trustee, subject to the provisions right of Section 8.l of this Indenture, and the Holders of the Debentures 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 Trustee or to 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 the Debenturesthis Indenture or to pursue any rights or remedies hereunder; provided, for the purpose of ascertaining the persons however, that all Senior Indebtedness then due and payable or thereafter declared to participate be due and payable shall first be paid in such distributionfull, in cash or cash equivalents, before the Holders or the Trustee are entitled to receive any direct or indirect payment from the Company of the Senior Indebtedness and other indebtedness of the Company, the amount thereof and all other facts pertinent thereto or to this Article ThirteenSubordinated Indebtedness.

Obligations of Company Unconditional. Nothing contained in this Article Thirteen 12 or elsewhere in this Indenture or in the Debentures is intended to or shall impair impair, as between the Company Company, its creditor other than the holders of Senior Indebtedness, and the Holders of the Debentures, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Debentures the principal of, premium, if any, of and any premium and interest on the Debentures, or make payments in respect of the sinking fund, for the Debentures, Debentures 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 Debentures and creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the Holder of any Debenture from exercising all rights and remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen 12 of the Holders 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 of the Company referred to in this Article Thirteen12, the Trustee, subject to the provisions of Section 8.l of this Indenture, Trustees and the Holders of 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 winding-up, liquidation or reorganization proceedings are pending, proceeding affecting the affairs of the Company is pending or upon a certificate of the liquidating trustee or agent or other person Person making any payment or distribution to the Trustee or to the Holders of the Debentures, Debentures for the purpose of ascertaining the persons Persons entitled to participate in such payment or distribution, the Holders holders of the Senior Indebtedness and other indebtedness Indebtedness of the Company, the amount thereof or payable thereon, the amount paid or distributed therein and all other facts pertinent thereto or to this Article Thirteen12.

Obligations of Company Unconditional. (a) Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Debentures is intended to or shall impair impair, as between among the Company and the Holders of the DebenturesHolders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Debentures the principal of, premium, if any, and interest on the Debentures, or make payments in respect of the sinking fund, for the Debentures, Debentures 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 the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee Holders or the Holder of any Debenture Trustee on their behalf from exercising all rights and remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen Ten of the holders of 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 Debentures 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 then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash, before the Holders or the Trustee on behalf of the Holders of Senior Indebtedness in respect of cash, property, are entitled to receive any direct or securities of indirect payment from the Company received upon the exercise of any such remedy. Upon any distribution of assets of the Company referred to in this Article Thirteen, the Trustee, subject to the provisions of Section 8.l of this Indenture, and the Holders of the Debentures 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 Trustee or to the Holders of the Debentures, for the purpose of ascertaining the persons to participate in such distribution, the Holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof and all other facts pertinent thereto or to this Article ThirteenDebenture Obligations.

Obligations of Company Unconditional. (a) Nothing contained in this Article Thirteen 9 or elsewhere in this Indenture Agreement or in the Debentures Notes is intended to or shall impair impair, as between among the Company and the Holders of the DebenturesHolders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Debentures the principal of, premium, if any, and interest on the Debentures, or make payments in respect of the sinking fund, for the Debentures, Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall impair as between each Subsidiary Guarantor and the Holders the obligation of such Subsidiary Guarantor, which is absolute and unconditional to pay the Holders the amounts due under the Note Guarantees, 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 Holders and creditors of the Company or any Subsidiary Guarantor other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the Holder of any Debenture Holders from exercising all rights and remedies otherwise permitted by applicable law upon default under this IndentureAgreement, subject to the rights, if any, under this Article Thirteen 9 of the holders of the Senior Indebtedness. (b) Without limiting the generality of the foregoing, nothing contained in this Article 9 will restrict the right of the Holders of to take any action to declare the Notes to be due and payable prior to the Maturity Date pursuant to Section 10.1 or to pursue any rights or remedies hereunder; provided, however, that all Senior Indebtedness then due and payable or thereafter declared to be due and payable shall first be paid in respect of cashfull, propertyin cash or cash equivalents, before the Holders are entitled to receive any direct or securities of indirect payment from the Company received upon or any Subsidiary Guarantor on the exercise of any such remedy. Upon any distribution of assets of Notes or the Company referred to in this Article Thirteen, the Trustee, subject to the provisions of Section 8.l of this Indenture, and the Holders of the Debentures 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 Trustee or to the Holders of the Debentures, for the purpose of ascertaining the persons to participate in such distribution, the Holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof and all other facts pertinent thereto or to this Article ThirteenNote Guarantees.

Obligations of Company Unconditional. (a) Nothing contained in this Article Thirteen Fifteen or elsewhere in this Indenture or in the Debentures Securities is intended to or shall impair impair, as between among the Company Guarantors and the Holders of the DebenturesHolders, the obligation of any of the CompanyGuarantors, which is absolute and unconditional, to pay to the Holders of the Debentures the principal of, premium, if any, and interest on the Debentures, or make payments in respect of the sinking fund, for the Debentures, 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 any of the Guarantors other than the holders of the Senior Guarantor Indebtedness, nor shall anything herein or therein prevent the Trustee Holders or the Holder of any Debenture Trustee on their behalf from exercising all rights and remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen Fifteen of the Holders of Senior Indebtedness in respect of cash, property, or securities holders of the Company received upon Senior Guarantor Indebtedness. (b) Without limiting the exercise of any such remedy. Upon any distribution of assets generality of the Company referred to foregoing, nothing contained in this Article Thirteen, Fifteen will restrict the Trustee, subject to the provisions right of Section 8.l of this Indenture, and the Holders of the Debentures 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 Trustee or to the Holders to take any action to declare the Securities to be due and payable prior to their Stated Maturity pursuant to Section 502 of the Debenturesthis Indenture or to pursue any rights or remedies hereunder; PROVIDED, for the purpose of ascertaining the persons HOWEVER, that all Senior Guarantor Indebtedness then due and payable or thereafter declared to participate be due and payable shall first be paid in such distributionfull, in cash or cash equivalents, before the Holders or the Trustee are entitled to receive any direct or indirect payment from the Guarantors of the Senior Indebtedness and other indebtedness of the Company, the amount thereof and all other facts pertinent thereto or to this Article ThirteenSubordinated Guarantor Obligations.

Obligations of Company Unconditional. (a) Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Debentures Notes is intended to or shall impair impair, as between among the Company and the Holders of the DebenturesHolders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Debentures the principal of, premium, if any, and interest on the Debentures, or make payments in respect of the sinking fund, for the Debentures, 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 and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee Holders or the Holder of any Debenture Trustee on their behalf from exercising all rights and remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen Ten of the holders of 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 then due and payable or thereafter declared to be due and payable shall first be paid in respect of cashfull, propertyin cash or cash equivalents, before the Holders or securities the Trustee are entitled to receive any direct or indirect payment from or on behalf of the Company received upon the exercise of any such remedy. Upon any distribution of assets of the Company referred to in this Article Thirteen, the Trustee, subject to the provisions of Section 8.l of this Indenture, and the Holders of the Debentures 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 Trustee or to the Holders of the Debentures, for the purpose of ascertaining the persons to participate in such distribution, the Holders of the Senior Indebtedness and other indebtedness of the Company, the amount thereof and all other facts pertinent thereto or to this Article ThirteenSubordinated Obligations.