Common use of Obligations of the Company Unconditional Clause in Contracts

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such Holders and creditors of the Company other than the holders of the 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 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. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen, the Trustee, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) and interest on and or any Additional Amounts with respect to the Securities of such series 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 such Holders and creditors of the Company other than the holders of the 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 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. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen, the Trustee, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Three or elsewhere in this Indenture or in the Securities any Security is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen, Three of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets of the Company referred to in this Article ThirteenThree, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation liquidation, reorganization or reorganization similar proceedings are pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Indebtedness 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 Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenThree.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 ThirteenX, 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. Notwithstanding anything to the contrary in this Article Thirteen X or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Indebtedness Debt and other Indebtedness Debt 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 Thirteen X so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.X.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 ThirteenTen, of the holders of Senior Indebtedness Debt in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Article Ten shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.07. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Debt (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Debt or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Debt to participate in any payment or distribution pursuant to this Article ThirteenTen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article Ten, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen11, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 11 or elsewhere in this Indenture or in the SecuritiesNotes, upon any distribution of assets of the Company referred to in this Article Thirteen11, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen 11 so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen11. Nothing in this Section 11.05 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.07.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such those Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such that series 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 such those Holders and creditors of the Company other than the holders of Senior Indebtedness of the Senior IndebtednessCompany, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon on default under this Indenture, subject to the rights, if any, under this Article ThirteenX, of the holders of Senior Indebtedness of the Company in respect of cash, property or securities of the Company received upon on the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen X or elsewhere in this Indenture or in the Securities, upon on any distribution of assets of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon on any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such those Holders for the purpose of ascertaining the Persons entitled to participate in such that distribution, the holders of the Senior Indebtedness of the Company 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 Article Thirteen X so long as such that court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.X.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such Holders and creditors of the Company other than the holders of the 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 ThirteenX, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen X or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders 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 Article Thirteen X so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.X.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this its Indenture or in the Debt Securities is intended to or shall impair, as between the Company Company, its creditors other than the holders of Senior Indebtedness, and the Holders of the Securities of any seriesDebt Securities, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders of the Debt Securities the principal ofof (and premium, premium (if any) and interest on and any Additional Amounts with in respect to of the Debt Securities of such series 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 such the Holders of the Debt Securities and creditors of the Company other than the holders of the Senior Indebtedness, Indebtedness nor shall anything herein or therein prevent the Trustee or the Holder of any Holder Security from exercising all 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. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenArticle, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Debt Securities 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, 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 person making any distribution payment or distribution, delivered to the Trustee or to such the Holders of the Debt Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness 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 Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenArticle.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to on, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXII, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XII or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenXII, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen XII so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXII. Nothing in this Section 12.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7 or otherwise for its own benefit.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , interest on, and interest on and any Additional Amounts Liquidated Damages with respect to to, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXII, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XII or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenXII, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen XII so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXII. Nothing in this Section 12.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7 or otherwise for its own benefit.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, impair as between the Company and the Holders of the Securities of any series, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , interest on, and interest on and any Additional Amounts Liquidated Damages with respect to to, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXII, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XII or elsewhere in this Indenture or in the SecuritiesNotes, upon any distribution of assets of the Company referred to in this Article ThirteenXII, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders the Holders, 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 Article Thirteen XII so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXII. Nothing in this Section 12.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7 or otherwise for its own benefit.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenX, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets or securities of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 per- tinent thereto or to this Article Thirteen so long as such court has been apprised of X. Nothing in this Section 10.5 shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions of this Article ThirteenTrustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XI or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesSecurityholders, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the Securityholders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such Holders the Securityholders and creditors of the Company other than the holders of the Senior IndebtednessSecured Portfolio Debt, nor shall anything herein or therein prevent the Trustee or any Holder Securityholder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article ThirteenXI, of the holders of Senior Indebtedness Secured Portfolio Debt in respect of cashCash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XI or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenXI, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities Securityholders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee Trustee or agent or other Person making any distribution to the Trustee or to such Holders the Securityholders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Indebtedness Secured Portfolio 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 Article Thirteen XI so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXI. Nothing in this Section 11.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Four or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 ThirteenFour, 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. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenFour, the Trustee, subject to the provisions of Sections 601 8.1 and 6038.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any dissolution, winding 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 such the Holders for the purpose of ascertaining the Persons persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Four. Nothing in this Section 4.5 shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions of this Article ThirteenTrustee under or pursuant to Section 8.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XIII or elsewhere in this Indenture or in any Security (but subject to the Securities provisions of Section 3.2) is intended to or shall impairimpair or affect, as between the Company Company, its creditors (other than the holders of Senior Debt) and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders Contingent Payments on the principal ofSecurities, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent or limit the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenturethe happening of an Event of Default hereunder, subject to the provisions of Article VII hereof and to the rights, if any, under this Article Thirteen, XIII of the holders of Senior Indebtedness Debt in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary Nothing contained in this Article Thirteen XIII or elsewhere in this Indenture or in the Securities, upon shall, except during the pendency of any distribution of assets dissolution, winding-up, total or partial liquidation, reorganization, recapitalization or readjustment of the Company referred to or its securities (whether voluntary or involuntary, or in this Article Thirteenbankruptcy, the Trusteeinsolvency, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding upreorganization, liquidation or reorganization proceedings are pendingreceivership proceedings, or a certificate upon an assignment for the benefit of creditors, or any other marshalling of assets and liabilities of the liquidating trustee Company or agent or other Person making any distribution to otherwise), affect the Trustee or to such Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders obligation 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 Company to this Article Thirteen so long as such court has been apprised of the provisions ofmake, or prevent the orderCompany from making, decree or certificate makes reference toat any time (except under the circumstances described in Section 13.5 hereof), payment of Contingent Payments on the provisions of this Article ThirteenSecurities.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesNotes, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 ThirteenX, 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. Notwithstanding anything to the contrary in this Article Thirteen X or elsewhere in this Indenture or in the SecuritiesNotes, upon any distribution of assets of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 Section 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Indebtedness Debt and other Indebtedness Debt 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 Thirteen X so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.X.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 9 or elsewhere in this Indenture or in the Securities any Security is intended to or shall impair, as between among the Company Company, its creditors other than holders of the Senior Indebtedness and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal ofamount of and other interest (including, premium (if any) and to the extent lawful, any interest on and any Additional Amounts with respect to overdue installments of interest) on the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder Holders from exercising exercising, all remedies otherwise permitted by applicable law upon default Default under this Indenture, subject to the rights, if any, under this Article Thirteen, 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. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets of the Company referred to in this Article Thirteen9, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation liquidation, reorganization or reorganization similar proceedings are pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to such Holders the Holders, 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen9.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , interest on, and interest on and any Additional Amounts Liquidated Damages with respect to to, the Securities of such series 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 such 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 ThirteenXII, 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. Notwithstanding anything to the contrary in this Article Thirteen XII or elsewhere in this Indenture or in the SecuritiesNotes, upon any distribution of assets of the Company referred to in this Article ThirteenXII, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen XII so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXII. Nothing in this Section 12.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Fourteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) on and interest on and any Additional Amounts with respect to the Securities of such series 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 such Holders and creditors of the Company other than the holders of the 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 ThirteenFourteen, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Fourteen or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenFourteen, the Trustee, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders 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 Article Thirteen Fourteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenFourteen.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such Holders and creditors of the Company other than the holders of the 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 ThirteenArticle, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenArticle, the Trustee, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenArticle.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal or Redemption Price of, premium (if any) and interest on and any Additional Amounts with respect to on, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenX, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen X or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen X so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenX. Nothing in this Article X shall apply to the claims of, or payments to, the Trustee under or pursuant to Sections 6.6 and 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 9 or elsewhere in this Indenture or in the Securities any Security is intended to or shall impair, as between among the Company Company, its creditors other than holders of the Senior Indebtedness and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal ofamount of and other interest (including, premium (if any) and to the extent lawful ,any interest on and any Additional Amounts with respect to overdue installments of interest) on the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder Holders from exercising all remedies otherwise permitted by applicable law upon default Default under this Indenture, subject to the rights, if any, under this Article Thirteen, 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. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets of the Company referred to in this Article Thirteen9, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation liquidation, reorganization or reorganization similar proceedings are pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to such Holders the Holders, 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen9.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to on, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen11, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen11, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen 11 so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen11. Nothing in this Section 11.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen IX or elsewhere in this Indenture or in the Securities Notes, is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal Principal of, premium (if any) and interest on and any Additional Amounts with respect to on, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen, IX of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets cash, property or securities of the Company referred to in this Article ThirteenIX, the Trustee, subject to the provisions of Sections 601 6.01 and 6036.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining (i) the Persons entitled to participate in such payment or distribution, (ii) the holders of the Senior Indebtedness and other Indebtedness of the Company, (iii) the amount thereof or payable thereon, (iv) the amount or amounts paid or distributed thereon thereon, and (iv) all other facts pertinent thereto or to this Article Thirteen so long as such court has been apprised of IX. Nothing in this Article IX shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 6.07. The Trustee shall be entitled to rely on the delivery to it of this Article Thirteena written notice by a Person representing himself or itself to be the Representative of the holders of the Senior Indebtedness. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a Representative of the holders of the Senior Indebtedness, the Trustee may request such Person to furnish evidence thereof to the reasonable satisfaction of the Trustee, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to right of such Person to receive such payment on behalf of the holders of the Secured Indebtedness.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 11 or elsewhere in this Indenture Indenture, any applicable indenture supplemental hereto or in the Subordinated Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) Principal of and interest on and any Additional Amounts with respect to the Subordinated Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 IndentureIndenture or any applicable indenture supplemental hereto, subject to the rights, if any, under this Article Thirteen11 or any applicable indenture supplemental hereto, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 11 or elsewhere in this Indenture Indenture, any applicable indenture supplemental hereto or in the Subordinated Securities, upon any distribution of assets of the Company referred to in this Article Thirteen11 or in any such indenture supplemental hereto, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such a dissolution, winding up, liquidation liquidation, désastre, administration, arrangement or reorganization proceedings are reconstruction proceeding involving the Company or its assets is pending, or a certificate of the liquidating trustee or agent liquidator, administrator, commissioner or other Person making any distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Indebtedness 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 Thirteen so long as 11. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a representative of such court holder or a trustee under any indenture under which any instruments evidencing any such Senior Indebtedness may have been issued) to establish that such notice has been apprised given by a holder of such Senior Indebtedness or such representative or trustee on behalf of such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the provisions of, or Trustee as to the order, decree or certificate makes reference toamount of Senior Indebtedness held by such Person, the provisions extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the right of such Person under this Article ThirteenArticle, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment or distribution.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenX, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets or securities of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen so long as such court has been apprised of X. Nothing in this Section 10.5 shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions of this Article ThirteenTrustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. This Article defines the relative rights of the Holders and holders of Senior Indebtedness. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) Principal of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company Company, other than the holders of the Senior Indebtedness, nor shall anything herein or therein in the Securities 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 Thirteen14, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company any Distribution received upon the exercise of any such remedy. Notwithstanding anything to If the contrary in Company fails because of this Article Thirteen to pay principal of or elsewhere in this Indenture or in interest on a Security on the Securities, upon any distribution of assets of the Company referred to in this Article Thirteendue date, the Trusteefailure is still a Default. Upon any Distribution, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are the Proceeding is pending, or a certificate of the liquidating trustee or agent or other Person making any distribution to the Trustee or to such Holders Distribution for the purpose of ascertaining the Persons entitled to participate in such distributionDistribution, the holders of the Senior Indebtedness and other Indebtedness Debt 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 Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen14.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Senior Subordinated Securities is intended to or shall impair, as between among the Company and the Holders of the Securities of any seriesSenior Subordinated Securities, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders of the Senior Subordinated Securities the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Senior Subordinated Securities of such series 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 such the Holders of the Senior Subordinated Securities and creditors of the Company other than the holders of the Senior IndebtednessDebt of the Company, nor shall anything herein or therein prevent the Holder of any Senior Subordinated Security or the Trustee or any Holder on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen, X of the holders of the Senior Indebtedness Debt of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to Without limiting the contrary generality of the foregoing, nothing contained in this Article Thirteen X shall restrict the right of the Trustee or elsewhere in this Indenture the Holders of Senior Subordinated Securities to take any action to declare the Senior Subordinated Securities to be due and payable prior to their stated maturity pursuant to Section 6.02 or in the Securitiesto pursue any rights or remedies hereunder; PROVIDED, upon any distribution of assets HOWEVER, that all Senior Debt of the Company referred to then due and payable shall first be paid in this Article Thirteen, the Trustee, subject to the provisions of Sections 601 and 603, and full in cash or Cash Equivalents before the Holders of the Senior Subordinated Securities shall be or the Trustee are entitled to rely upon receive any order direct or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pendingindirect payment from, or a certificate of the liquidating trustee or agent or other Person making any distribution to the Trustee or to such Holders for the purpose of ascertaining the Persons entitled to participate in such distributionon behalf of, the holders Company on account of any Obligations on 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenSubordinated Securities.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 Thirteen, Ten of the holders of Senior Indebtedness Debt in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Article Ten shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.07. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Debt (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Debt or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Debt to participate in any payment or distribution pursuant to this Article ThirteenTen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt held by such Person, the extent to which such person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article Ten, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in any Security (but subject to the Securities provisions of Section 1109) is intended to or shall impairimpair or affect, as between the Company Company, its creditors (other than the holders of Senior Debt) and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on on, the Securities, and any Additional Amounts with respect to the Securities of such series Redemption Price, 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 such the Holders and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent or limit the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenturethe happening of an Event of Default hereunder, subject to the provisions of Article Five hereof and to the rights, if any, under this Article Thirteen, Thirteen of the holders of Senior Indebtedness Debt in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon shall, except during the pendency of any distribution of assets dissolution, winding-up, total or partial liquidation, reorganization, recapitalization or readjustment of the Company referred to or its securities (whether voluntary or involuntary, or in this Article Thirteenbankruptcy, the Trusteeinsolvency, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding upreorganization, liquidation or reorganization proceedings are pendingreceivership proceedings, or a certificate upon an assignment for the benefit of creditors, or any other marshalling of assets and liabilities of the liquidating trustee Company or agent otherwise), affect the obligation of the Company to make, or other Person making prevent the Company from making, at any distribution to time (except under the Trustee circumstances described in Section 1305 hereof), payment of principal of, premium, if any, or to such Holders for the purpose of ascertaining the Persons entitled to participate in such distributioninterest on, 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 Article Thirteen so long as such court has been apprised of the provisions ofSecurities, or the order, decree or certificate makes reference to, the provisions Redemption Price in respect of this Article Thirteenany Securities.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XI or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 ThirteenXI, 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. Notwithstanding anything to the contrary in this Article Thirteen XI or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenXI, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, or a certificate of the liquidating trustee Trustee or agent or other Person making any distribution to the Trustee or to such the Holders 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 Article Thirteen XI so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXI. Nothing in this Section 11.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XI or elsewhere in this Indenture or in the Securities any Subordinated Note is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesSubordinated Notes, the obligation obligations of the Company, which is are absolute and unconditional, to pay to such the Holders of the Subordinated Notes the principal ofof and premium, premium (if any) , and interest on and any Additional Amounts with respect to the Securities of such series Subordinated Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect effect the relative rights of such the Holders of Subordinated Notes and creditors of the Company Company, other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder of any Subordinated Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article ThirteenXI, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets of the Company referred to in this Article ThirteenXI, the Trustee, subject to the provisions of Sections 601 and 603Section 7.01, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation Insolvency or reorganization proceedings are Liquidation Proceeding is pending, or a certificate of the liquidating trustee or agent or other Person making any distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Indebtedness 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 Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXI.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 12 or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen12, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 12 or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen12, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen 12 so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen12. Nothing in this Section 12.05 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.07.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) Principal of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen11, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen11, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are proceeding is pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Indebtedness 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 Thirteen so long as 11. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a representative of such court holder or a trustee under any indenture under which any instruments evidencing any such Senior Indebtedness may have been issued) to establish that such notice has been apprised given by a holder of such Senior Indebtedness or such representative or trustee on behalf such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the right of such Person under this Article, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment or distribution. Except as otherwise provided in this Section 11.05, in the event of any inconsistency between the provisions ofof this Article 11, on the one hand, and any other provision of this Indenture or any provision of the orderSecurities, decree or certificate makes reference toon the other hand, the provisions of this Article Thirteen11 shall govern.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , interest on, and interest on and any Additional Amounts Liquidated Damages with respect to to, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXII, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XII or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenXII, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen XII so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXII. Nothing in this Article XII shall apply to the claims of, or payments to, the Trustee under or pursuant to Sections 6.6 and 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities any Security is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 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 of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders the Holders, for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Indebtedness 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 Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenTen.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Subordinated Securities is intended to or shall impair, as between the Company and the Holders of the Subordinated Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such those Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Subordinated Securities of such that series 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 such those Holders and creditors of the Company other than the holders of Senior Indebtedness of the Senior IndebtednessCompany, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon on default under this Indenture, subject to the rights, if any, under this Article ThirteenX, of the holders of Senior Indebtedness of the Company in respect of cash, property or securities of the Company received upon on the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen X or elsewhere in this Indenture or in the Subordinated Securities, upon on any distribution of assets of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Subordinated Securities shall be entitled to rely upon on any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such those Holders for the purpose of ascertaining the Persons entitled to participate in such that distribution, the holders of the Senior Indebtedness of the Company 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 Article Thirteen X so long as such that court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.X.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 10 or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) Principal of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen10, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 10 or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen10, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are proceeding is pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Indebtedness 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 Thirteen so long as 10. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a representative of such court holder or a trustee under any indenture under which any instruments evidencing any such Senior Indebtedness may have been issued) to establish that such notice has been apprised given by a holder of such Senior Indebtedness or such representative or trustee on behalf such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the right of such Person under this Article, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment or distribution. Except as otherwise provided in this Section 10.05, in the event of any inconsistency between the provisions ofof this Article 10, on the one hand, and any other provision of this Indenture or any provision of the orderSecurities, decree or certificate makes reference toon the other hand, the provisions of this Article Thirteen10 shall govern.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 10 or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal Principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen10, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 10 or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen10, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings proceeding are pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Indebtedness 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 Thirteen so long 10. Except as such court has been apprised otherwise provided in this Section 10.05, in the event of any inconsistency between the provisions of this Article 10, on the one part, and any other provision of this Indenture or any provision of the provisions ofSecurities, or on the order, decree or certificate makes reference toother part, the provisions of this Article Thirteen10 shall govern.

Obligations of the Company Unconditional. Nothing ----------------------------------------- contained in this Article Thirteen XIII or elsewhere in this Indenture or in any Security (but subject to the Securities provisions of Section 3.2) is intended to or shall impairimpair or affect, as between the Company Company, its creditors (other than the holders of Senior Debt) and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on (including Contingent Payments) on, the Securities, and any Additional Amounts with respect to the Securities Change of such series Control Offer Price, if applicable, 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 such the Holders and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent or limit the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenturethe happening of an Event of Default hereunder, subject to the provisions of Article VII hereof and to the rights, if any, under this Article Thirteen, XIII of the holders of Senior Indebtedness Debt in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary Nothing contained in this Article Thirteen XIII or elsewhere in this Indenture or in the Securities, upon shall, except during the pendency of any distribution of assets dissolution, winding-up, total or partial liquidation, reorganization, recapitalization or readjustment of the Company referred to or its securities (whether voluntary or involuntary, or in this Article Thirteenbankruptcy, the Trusteeinsolvency, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding upreorganization, liquidation or reorganization proceedings are pendingreceivership proceedings, or a certificate upon an assignment for the benefit of creditors, or any other marshalling of assets and liabilities of the liquidating trustee Company or agent otherwise), affect the obligation of the Company to make, or other Person making prevent the Company from making, at any distribution to time (except under the Trustee circumstances described in Section 13.5 hereof), payment of principal of, premium, if any, or to such Holders for the purpose of ascertaining the Persons entitled to participate in such distributioninterest (including Contingent Payments) on, 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 Article Thirteen so long as such court has been apprised of the provisions ofSecurities, or the orderChange of Control Offer Price, decree or certificate makes reference toif applicable, the provisions in respect of this Article Thirteenany Securities.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenTen, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Ten or elsewhere in this Indenture thisIndenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 8.1, 8.2 and 6038.3, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings proceeding are pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Indebtedness and other Indebtedness indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and thereonand all other facts pertinent thereto or to this Article Thirteen so long as such court has been apprised of Ten. Nothing in this Section 10.5 shall apply to the provisions claims of, or payments to, the orderTrustee under or pursuant to Section 7.7. Except as otherwise provided in this Section 10.5, decree in the event of any inconsistency between the provisions of this Article Ten, on the one part, and any other provision of this Indenture or certificate makes reference toany provision of the Securities, on the other part, the provisions of this Article ThirteenTen shall govern.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Fifteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal principal, Redemption Price and Repurchase Price of, premium (if any) and interest on and any Additional Amounts with respect to Liquidated Damages on, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenFifteen, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Fifteen or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenFifteen, the Trustee, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen Fifteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenFifteen. Nothing in this Article Fifteen shall apply to the claims of, or payments to, the Trustee under or pursuant to Sections 506 and 607.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Section 3 or elsewhere in this Indenture or in the Securities Agreement is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesFurst, the obligation of the Company, which is absolute and unconditionalunconditixxxx, to pay to such Holders Furst the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series Furst Inxxxxxdness as and when the same shall become due and payable in accordance xx xxcordance with their its terms, or is intended to or shall affect the relative rights of such Holders Furst and creditors of the Company other than the holders of the Senior IndebtednessSenixx Xxdebtedness, nor shall anything herein or therein prevent the Trustee or any Holder Furst from exercising all remedies otherwise permitted by applicable law upon xxx xpon default under this Indenturethe Furst Indebtedness, subject to the rights, if any, under this Article ThirteenSection 0, of xf the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Section 3 or elsewhere in this Indenture or in the SecuritiesAgreement, upon any distribution of assets of the Company referred to in this Article ThirteenSection 3, the Trustee, subject to the provisions of Sections 601 and 603, and the Holders of the Securities Furst shall be entitled to rely upon any order or decree made by any court xxxxx of competent jurisdiction in which 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 Trustee or to such Holders Furst for the purpose of ascertaining the Persons entitled to participate particixxxx 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 Article Thirteen Section 3 so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenSection 3.

Obligations of the Company Unconditional. (a) Nothing contained in this Article Thirteen Section 4 or elsewhere in this Indenture Agreement or in the Securities any Note is intended to or shall impair, as between the Company Company, on the one hand, and the Holders holders of the Securities of any seriesNotes, on the other, the obligation respective obligations of the Company, which is are absolute and unconditional, to pay to such Holders the principal ofholders of the Notes the principal, premium (premium, if any) , of and interest on and any Additional Amounts with respect to the Securities of such series 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 such Holders the holders of the Notes and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent any holder of the Trustee or any Holder Notes from exercising all remedies otherwise permitted by applicable law upon default under this IndentureAgreement, subject to the rights, if any, under this Article ThirteenSection 4, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything 6 7 (b) Without limiting the foregoing, the failure to make a payment on account of principal, premium, if any, or interest on the contrary in Notes by reason of any provision of this Article Thirteen Section 4 shall not be construed as preventing the occurrence of a Default or elsewhere in this Indenture or in the Securities, upon an Event of Default. (c) Upon any distribution of assets of the Company referred to in this Article ThirteenCompany, the Trustee, subject to the provisions holders of Sections 601 and 603, and the Holders of the Securities Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders holders 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenSection 4.

Obligations of the Company Unconditional. (a) Nothing contained in this Article Thirteen Section 4 or elsewhere in this Indenture Agreement or in the Securities any Note is intended to or shall impair, as between the Company Company, on the one hand, and the Holders holders of the Securities of any seriesNotes, on the other, the obligation respective obligations of the Company, which is are absolute and unconditional, to pay to such Holders the principal ofholders of the Notes the principal, premium (premium, if any) , of and interest on and any Additional Amounts with respect to the Securities of such series 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 such Holders the holders of the Notes and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent any holder of the Trustee or any Holder Notes from exercising all remedies otherwise permitted by applicable law upon default under this IndentureAgreement, subject to the rights, if any, under this Article ThirteenSection 4, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything . (b) Without limiting the foregoing, the failure to make a payment on account of principal, premium, if any, or interest on the contrary in Notes by reason of any provision of this Article Thirteen Section 4 shall not be construed as preventing the occurrence of a Default or elsewhere in this Indenture or in the Securities, upon an Event of Default. (c) Upon any distribution of assets of the Company referred to in this Article ThirteenCompany, the Trustee, subject to the provisions holders of Sections 601 and 603, and the Holders of the Securities Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders holders 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenSection 4.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 14 or elsewhere in this Indenture or in the Securities Subordinated Securities, (a) is intended to or shall impair, impair as between its creditors other than the holders of Senior Indebtedness or Other Company Obligations and the Holders of the Securities of any seriesSubordinated Securities, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders of the Subordinated Securities the principal ofof (and premium, premium (if any) and interest on and any Additional Amounts with respect to the Subordinated Securities of such series as and when the same shall become due and payable in accordance with their terms, or , (b) is intended to or shall affect the relative rights of such the Holders of the Subordinated Securities and creditors of the Company other than the holders of the Senior IndebtednessIndebtedness or Other Company Obligations, nor shall anything herein or therein prevent or (c) prevents the Trustee or the Holder of any Holder Subordinated Security from exercising all 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 Senior Indebtedness or Other Company Obligations in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen14, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Subordinated Securities 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 liquidation, bankruptcy, insolvency 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 person making any distribution payment or distribution, delivered to the Trustee or to such the Holders of the Subordinated Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Indebtedness, and other Indebtedness indebtedness of the Company, 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 Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen14.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XV or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesNotes, the obligation of the Company, which is absolute and unconditional, to pay to such those Holders the principal ofof and interest (including Contingent Interest, premium (if any) and interest on and any Additional Amounts the Notes, or the Principal Return with respect to the Securities Notes upon conversion of such series the Notes, as and when the same shall become due and payable in accordance with their termsthe terms of the Notes and this Indenture, or is intended to or shall affect the relative rights of such those Holders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon on default under this Indenture, subject to the rights, if any, under this Article ThirteenXV, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon on the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XV or elsewhere in this Indenture or in the SecuritiesNotes, upon on any distribution of assets of the Company referred to in this Article ThirteenXV, the Trustee, subject to the provisions of Sections 601 10.01 and 60310.03, and the Holders of the Securities Notes shall be entitled to rely upon on any order or decree made by any court of competent jurisdiction in which such dissolution, 77 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 such those Holders for the purpose of ascertaining the Persons entitled to participate in such that 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 Article Thirteen XV so long as such that court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXV.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen ARTICLE THIRTEEN or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such Holders and creditors of the Company other than the holders of the 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 ThirteenARTICLE 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. Notwithstanding anything to the contrary in this Article Thirteen ARTICLE THIRTEEN or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenARTICLE THIRTEEN, the Trustee, subject to the provisions of Sections SECTIONS 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders 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 Article Thirteen ARTICLE THIRTEEN so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenARTICLE THIRTEEN.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 Thirteen, Ten of the holders of Senior Indebtedness Debt in respect of cash, property or securities notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Article Ten shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.07. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Debt (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Debt or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Debt to participate in any payment or distribution pursuant to this Article ThirteenTen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article Ten, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 Thirteen, Ten of the holders of Senior Indebtedness Debt in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securi- ties of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Article Ten shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.07. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Debt (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Debt or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Debt to participate in any payment or distribution pursuant to this Article ThirteenTen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt held by such Person, the extent to which such person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article Ten, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XIII or elsewhere in this Indenture or in any Security (but subject to the Securities provisions of Section 3.2) is intended to or shall impairimpair or affect, as between the Company Company, its creditors (other than the holders of Senior Debt) and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on (including Contingent Payments) on, the Securities, and any Additional Amounts with respect to the Securities Change of such series Control Offer Price, if applicable, 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 such the Holders and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent or limit the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenturethe happening of an Event of Default hereunder, subject to the provisions of Article VII hereof and to the rights, if any, under this Article Thirteen, XIII of the holders of Senior Indebtedness Debt in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary Nothing contained in this Article Thirteen XIII or elsewhere in this Indenture or in the Securities, upon shall, except during the pendency of any distribution of assets dissolution, winding-up, total or partial liquidation, reorganization, recapitalization or readjustment of the Company referred to or its securities (whether voluntary or involuntary, or in this Article Thirteenbankruptcy, the Trusteeinsolvency, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding upreorganization, liquidation or reorganization proceedings are pendingreceivership proceedings, or a certificate upon an assignment for the benefit of creditors, or any other marshalling of assets and liabilities of the liquidating trustee Company or agent otherwise), affect the obligation of the Company to make, or other Person making prevent the Company from making, at any distribution to time (except under the Trustee circumstances described in Section 13.5 hereof), payment of principal of, premium, if any, or to such Holders for the purpose of ascertaining the Persons entitled to participate in such distributioninterest (including 100 Contingent Payments) on, 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 Article Thirteen so long as such court has been apprised of the provisions ofSecurities, or the orderChange of Control Offer Price, decree or certificate makes reference toif applicable, the provisions in respect of this Article Thirteenany Securities.

Obligations of the Company Unconditional. Nothing contained ---------------------------------------- in this Article Thirteen XI or elsewhere in this Indenture Agreement or in the Securities any Note is intended to or shall impair, as between among the Company Company, its creditors other than holders of the Senior Debt and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal ofamount of and other interest (including, premium (if any) and to the extent lawful, any interest on and any Additional Amounts with respect to overdue installments of interest) on the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent the Trustee Paying Agent or any Holder Holders from exercising exercising, all remedies otherwise permitted by applicable law upon default Default under this IndentureAgreement, subject to the rights, if any, under this Article Thirteen, XI of the holders of Senior Indebtedness Debt in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets of the Company referred to in this Article ThirteenXI, the TrusteePaying Agent, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation liquidation, reorganization or reorganization similar proceedings are pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee Paying Agent or to such Holders the Holders, for the purpose of ascertaining the Persons 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXI.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities Debentures is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXII, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XII or elsewhere in this Indenture or in the SecuritiesDebentures, upon any distribution of assets of the Company referred to in this Article ThirteenXII, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen XII so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXII.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen11, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities104 112 Notes, upon any distribution of assets of the Company referred to in this Article Thirteen11, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen 11 so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen11. Nothing in this Section 11.05 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.07.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 10 or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesNotes, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series as and when the same shall become due and payable in accordance with their termsthe terms of the Notes, or is intended to or shall affect the relative rights of such Holders and creditors of the Company other than the holders of the 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 Thirteen10, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 10 or elsewhere in this Indenture or in the SecuritiesNotes, upon any distribution of assets of the Company referred to in this Article Thirteen10, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities Notes shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders 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 Article Thirteen 10 so long as such court has been apprised appraised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen10.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such Holders and creditors of the Company other than the holders of the 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 ThirteenArticle, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenArticle, the Trustee, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenArticle.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XIII or elsewhere in this Indenture or in any Security (but subject to the Securities provisions of Section 3.2) is intended to or shall impairimpair or affect, as between the Company Company, its creditors (other than the holders of Senior Debt) and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on (including Contingent Payments) on, the Securities, and any Additional Amounts with respect to the Securities Change of such series Control Offer Price, if applicable, 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 such the Holders and creditors of the Company other than the holders of the Senior IndebtednessDebt, nor shall anything herein or therein prevent or limit the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenturethe happening of an Event of Default hereunder, subject to the provisions of Article VII hereof and to the rights, if any, under this Article Thirteen, XIII of the holders of Senior Indebtedness Debt in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary Nothing contained in this Article Thirteen XIII or elsewhere in this Indenture or in the Securities, upon shall, except during the pendency of any distribution of assets dissolution, winding-up, total or partial liquidation, reorganization, recapitalization or readjustment of the Company referred to or its securities (whether voluntary or involuntary, or in this Article Thirteenbankruptcy, the Trusteeinsolvency, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding upreorganization, liquidation or reorganization proceedings are pendingreceivership proceedings, or a certificate upon an assignment for the benefit of creditors, or any other marshalling of assets and liabilities of the liquidating trustee Company or agent otherwise), affect the obligation of the Company to make, or other Person making prevent the Company from making, at any distribution to time (except under the Trustee circumstances described in Section 13.5 hereof), payment of principal of, premium, if any, or to such Holders for the purpose of ascertaining the Persons entitled to participate in such distributioninterest (including Contingent Payments) on, 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 Article Thirteen so long as such court has been apprised of the provisions ofSecurities, or the orderChange of Control Offer Price, decree or certificate makes reference toif applicable, the provisions in respect of this Article Thirteenany Securities.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , interest on, and interest on and any Additional Amounts Liquidated Damages, if any, with respect to to, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXII, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XII or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenXII, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders for the 58 66 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 Article Thirteen XII so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXII. Nothing in this Article XII shall apply to the claims of, or payments to, the Trustee under or pursuant to Sections 6.6 and 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 Thirteen, Ten of the holders of Senior Indebtedness Debt in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Article Ten shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.07. 120 - 112 - The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Debt (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Debt or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Debt to participate in any payment or distribution pursuant to this Article ThirteenTen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt held by such Person, the extent to which such person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article Ten, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company's obligation, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to on, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen11, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen11, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Indebtedness 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 Thirteen 11 so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen11. Nothing in this Section 11.05 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 10 or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen10, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 10 or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen10, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings proceeding are pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Indebtedness 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 Thirteen so long 10. Except as such court has been apprised otherwise provided in this Section 10.05, in the event of any inconsistency between the provisions of this Article 10, on the one part, and any other provision of this Indenture or any provision of the provisions ofSecurities, or on the order, decree or certificate makes reference toother part, the provisions of this Article Thirteen10 shall govern.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXII, of the holders of Senior Indebtedness in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of XII. Nothing in this Article XII shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.7. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article ThirteenXII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article XII, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal ofprincipal, premium (if any) and interest on and any Additional Amounts with respect to interest, or Redemption Price of the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenX, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen X or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen X so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenX. Nothing in this Article X shall apply to the claims of, or payments to, the Trustee under or pursuant to Sections 6.6 and 7.7.

Obligations of the Company Unconditional. Nothing contained in ---------------------------------------- this Article Thirteen IX or elsewhere in this Indenture Agreement or in the Securities any Note is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series Notes as and when the same shall become due and payable in accordance with their its terms, or is intended to or shall affect the relative rights of such the Holders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder Holders from exercising all remedies otherwise permitted by applicable law upon default the occurrence of a Default or Event of Default under this IndentureAgreement or any Note, subject to the rights, if any, under this Article Thirteen, IX of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenIX, the Trustee, subject to the provisions of Sections 601 and 603, and the Holders of the Securities shall be entitled to rely upon the delivery to it of any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenIX.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 ThirteenTen, of the holders of Senior Indebtedness Debt in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liqui- dation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Article Ten shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.07. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Debt (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Debt or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Debt to participate in any payment or distribution pursuant to this Article ThirteenTen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article Ten, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Section 10 or elsewhere in this Indenture Agreement or in the Securities any Note is intended to or shall impair, as between among the Company Company, its creditors other than holders of the Senior Indebtedness and the Holders of the Securities of any seriesNoteholders, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the Noteholders the principal ofof or interest (including, premium (if any) and to the extent lawful, any interest on and any Additional Amounts with respect to overdue installments of interest) on the Securities of such series 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 such Holders the Noteholders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder Noteholder from exercising all remedies otherwise permitted by applicable law upon default Default under this IndentureAgreement, subject to the rights, if any, rights under this Article Thirteen, Section 10 of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets of the Company referred to in this Article ThirteenSection 10, the Trustee, subject to the provisions of Sections 601 and 603, and the Holders of the Securities Noteholders shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding winding-up, liquidation liquidation, reorganization or reorganization similar proceedings are pending, or a certificate of the liquidating trustee or agent or other Person making any distribution to the Trustee or to such Holders Noteholders, 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 Article Thirteen so long as such court has been apprised Section 10. Nothing contained in this Section 10 or elsewhere in this Agreement or in any Note is intended to or shall affect the obligation of the provisions ofCompany to make or, except as specifically provided in this Section 10, prevent the Company from making, at any time except during the pendency of any dissolution, winding-up, liquidation or reorganization proceeding, and except during the ordercontinuance of any default specified in Section 10.2 hereof (not cured or waived), decree payments at any time of the principal of or certificate makes reference to, interest on the provisions of this Article ThirteenNotes.

Obligations of the Company Unconditional. This Article defines the relative rights of the holders of Subordinated Securities and holders of Senior Indebtedness. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Subordinated Securities is intended to or shall impair, as between the Company and the Holders holders of the Securities of any seriesSubordinated Securities, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the holders of Subordinated Securities the principal of, premium (and interest or premium, if any) and interest on and any Additional Amounts with respect to , on, the Subordinated Securities of such series 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 such Holders the holders of Subordinated Securities and creditors of the Company Company, other than the holders of the Senior Indebtedness, nor shall anything herein or therein in the Subordinated Securities prevent the Trustee or any Holder holder of Subordinated Securities from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article ThirteenSeventeen, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company any Distribution received upon the exercise of any such remedy. Notwithstanding anything to If the contrary in Company fails because of this Article Thirteen to pay principal of, or elsewhere interest or premium, if any, on, or any other amount owed in this Indenture or in respect of a Subordinated Security on the Securities, upon any distribution of assets of the Company referred to in this Article Thirteendue date, the Trusteefailure is still a Default. Upon any Distribution, subject to the provisions of Sections 601 and 603, Trustee and the Holders holders of the Subordinated Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are the Proceeding is pending, or a certificate of the liquidating trustee or agent or other Person making any distribution to the Trustee or to such Holders Distribution for the purpose of ascertaining the Persons entitled to participate in such distributionDistribution, 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenSeventeen.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen, Ten of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Article Ten shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.07. The Trustee shall be entitled to rely on the delivery to it of this Article Thirteena written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or representative on behalf of any such holder.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to or Redemption Price of the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenX, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen X or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen X so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenX. Nothing in this Article X shall apply to the claims of, or payments to, the Trustee under or pursuant to Sections 6.6 and 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Four or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenFour, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenFour, the Trustee, subject to the provisions of Sections 601 8.01 and 6038.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any dissolution, winding 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 such the Holders for the purpose of ascertaining the Persons persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Four. Nothing in this Section 4.05 shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions of this Article ThirteenTrustee under or pursuant to Section 8.07.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 ThirteenTen, of the holders of Senior Indebtedness Debt in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Article Ten shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.07. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Debt (or a trus­tee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Debt or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Debt to participate in any payment or distribution pursuant to this Article ThirteenTen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt held by such Person, the extent to which such Person is enti­tled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article Ten, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 5 or elsewhere in this the Indenture or in the Securities Subordinated Securities, (a) is intended to or shall impair, impair as between its creditors other than the holders of Senior Indebtedness or Other Company Obligations and the Holders of the Securities of any seriesSubordinated Securities, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders of the Subordinated Securities the principal ofof (and premium, premium (if any) and interest on and any Additional Amounts with respect to the Subordinated Securities of such series as and when the same shall become due and payable in accordance with their terms, or , (b) is intended to or shall affect the relative rights of such the Holders of the Subordinated Securities and creditors of the Company other than the holders of the Senior IndebtednessIndebtedness or Other Company Obligations, nor shall anything herein or therein prevent or (c) prevents the Trustee or the Holder of any Holder Subordinated Security from exercising all remedies otherwise permitted by applicable law upon default under this the Indenture, subject to the rights, if any, under this Article Thirteen, 5 of the holders of Senior Indebtedness or Other Company Obligations in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen5, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Subordinated Securities 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 liquidation, bankruptcy, insolvency 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 person making any distribution payment or distribution, delivered to the Trustee or to such the Holders of the Subordinated Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Indebtedness, and other Indebtedness indebtedness of the Company, 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 Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen5.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities is intended to or shall impair, as 51 between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) Principal of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen11, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen11, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are proceeding is pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Indebtedness 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 Thirteen so long as 11. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a representative of such court holder or a trustee under any indenture under which any instruments evidencing any such Senior Indebtedness may have been issued) to establish that such notice has been apprised given by a holder of such Senior Indebtedness or such representative or trustee on behalf such holder. In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the right of such Person under this Article, and, if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment or distribution. Except as otherwise provided in this Section 11.05, in the event of any inconsistency between the provisions ofof this Article 11, on the one hand, and any other provision of this Indenture or any provision of the orderSecurities, decree or certificate makes reference toon the other hand, the provisions of this Article Thirteen11 shall govern.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such those Holders the principal of, premium (if any) and interest on on, and any Additional Amounts with respect to to, the Securities of such that series 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 such those Holders and creditors of the Company other than the holders of Senior Indebtedness of the Senior IndebtednessCompany, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon on default under this Indenture, subject to the rights, if any, under this Article ThirteenX, of the holders of Senior Indebtedness of the Company in respect of cash, property or securities of the Company received upon on the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen X or elsewhere in this Indenture or in the Securities, upon on any distribution of assets of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to conclusively rely upon on any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such those Holders for the purpose of ascertaining the Persons entitled to participate in such that distribution, the holders of the Senior Indebtedness of the Company 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.X.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen article or elsewhere in this Indenture or in the Securities any Security is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series as and when the same shall become due and payable in accordance with their terms, terms or is intended to or shall affect the relative rights of such the Holders and creditors of the Company other than the holders of the 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 Thirteen, article of the holders Holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets of the Company referred to in this Article Thirteenarticle, the Trustee, subject to the provisions of Sections 601 6.1 and 6036.3, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation liquidation, reorganization or reorganization similar proceedings are pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to such Holders the Holders, 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteenarticle.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenTen, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Section 10.5 shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions of this Article ThirteenTrustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XI or elsewhere in this Indenture or in the Securities Debentures is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein in the Debentures 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 ThirteenXI, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XI or elsewhere in this Indenture or in the Securities, Debentures upon any distribution of assets of the Company referred to in this Article ThirteenXI, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2 hereof, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen so long as such court has been apprised of XI. Nothing in this Section 11.5 shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions of this Article ThirteenTrustee under or pursuant to Section 7.7 hereof.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such 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 ThirteenTen, of the holders of Senior Indebtedness Debt in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, -113- dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Article Ten shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.07. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Debt (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Debt or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Debt to participate in any payment or distribution pursuant to this Article ThirteenTen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Debt held by such Person, the extent to which such Person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article Ten, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XI or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal principal, Redemption Price and Repurchase Price of, premium (if any) and interest on and any Additional Amounts with respect to Liquidated Damages on, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXI, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XI or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenXI, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen XI so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXI. Nothing in this Article XI shall apply to the claims of, or payments to, the Trustee under or pursuant to Sections 6.6 and 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen, Ten of the holders of Senior Indebtedness in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Article Ten shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.07. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article ThirteenTen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article Ten, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXII, of the holders of Senior Indebtedness in respect of cash, property or securities Notes of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XII or elsewhere in this Indenture or in the SecuritiesNotes, upon any distribution of assets of the Company referred to in this Article ThirteenXII, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen XII so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXII. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself to be a holder of Senior Indebtedness (or a trustee or representative on behalf of such holder) to establish that such a notice has been given by a holder of Senior Indebtedness (or a trustee or representative on behalf of such holder). In the event that the Trustee determines, in good faith, that further evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article XII, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, as to the extent to which such Person is entitled to participate in such payment or distribution, and as to other facts pertinent to the rights of such Person under this Article XII, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment. Nothing in this Article XII shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 10 or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation Obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Default under this Indenture, subject to the rights, if any, under this Article Thirteen10, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon Upon any distribution of assets of the Company referred to in this Article Thirteen10, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen10.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal Principal of, premium (if any) and interest on and any Additional Amounts with respect to on, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen, X of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets cash, property or securities of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining (i) the Persons entitled to participate in such payment or distribution, (ii) the holders of the Senior Indebtedness and other Indebtedness of the Company, (iii) the amount thereof or payable thereon, (iv) the amount or amounts paid or distributed thereon thereon, and (iv) all other facts pertinent thereto or to this Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.Article

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XI or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to on, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXI, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XI or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenXI, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen XI so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXI. Nothing in this Section 11.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Twelve or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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, any under this Article ThirteenTwelve, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Twelve or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenTwelve, the Trustee, subject to the provisions of Sections 601 Section 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen so long as such court has been apprised of Twelve. Nothing in this Section 12.5 shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions of this Article ThirteenTrustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such Holders and creditors of the Company other than the holders of the 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 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. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen, the Trustee, subject to the provisions of Sections Section 601 and Section 603, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 12 or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen12, of the holders of Senior Indebtedness in respect re spect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 12 or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen12, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen 12 so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen12. Nothing in this Section 12.05 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.07.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen X or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any series, the obligation of the Company, which is absolute and unconditional, to pay to such Holders the principal of, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such Holders and creditors of the Company other than the holders of Senior Debt of the Senior IndebtednessCompany, 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 ThirteenX, of the holders of Senior Indebtedness Debt of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen X or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenX, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of Senior Debt of the Senior Indebtedness Company and other Indebtedness Debt 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 Thirteen X so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.X.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen IV or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company or any Subsidiary Guarantor and the Holders of the Securities of any seriesHolders, the obligation of the CompanyCompany or any Subsidiary Guarantor, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company or any Subsidiary Guarantor 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 ThirteenIV, of the holders of Senior Indebtedness Debt in respect of cash, property or securities of the Company or any Subsidiary Guarantor received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company or any Subsidiary Guarantor referred to in this Article ThirteenIV, the Trustee, subject to the provisions of Sections 601 9.1 and 6039.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any dissolution, winding 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 such the Holders for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Debt and other Indebtedness of the CompanyCompany or any Subsidiary Guarantor, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article Thirteen so long as such court has been apprised of IV. Nothing in this Section 4.5 shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions of this Article ThirteenTrustee under or pursuant to Section 9.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Eight or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between among the Company Company, its creditors other than the holders of the Senior Debt, and the Holders of the Securities of any seriesSecurities, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders of the Securities the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders of the Securities and creditors of the Company other than the holders of the Senior IndebtednessDebt of the Company, nor shall anything herein or therein prevent the Holder of any Security or the Trustee or any Holder on their behalf from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Thirteen, Eight of the holders of the Senior Indebtedness Debt of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to Without limiting the contrary generality of the foregoing, nothing contained in this Article Thirteen Eight shall restrict the right of the Trustee or elsewhere in this Indenture the Holders of Securities to take any action to declare the Securities to be due and payable prior to their stated maturity pursuant to Section 6.02 or in the Securitiesto pursue any rights or remedies hereunder; provided, upon any distribution of assets however, that all Senior Debt of the Company referred to then due and payable shall first be paid in this Article Thirteen, the Trustee, subject to the provisions of Sections 601 and 603, and full in cash or Cash Equivalents before the Holders of the Securities shall be or the Trustee are entitled to rely upon receive any order direct or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pendingindirect payment from, or a certificate of the liquidating trustee or agent or other Person making any distribution to the Trustee or to such Holders for the purpose of ascertaining the Persons entitled to participate in such distributionon behalf of, the holders Company on account of any Obligations on 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 Article Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenSecurities.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , interest on, and interest on and any Additional Amounts Liquidated Damages with respect to to, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXII, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding Notwithstand- ing anything to the contrary in this Article Thirteen XII or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenXII, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen XII so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXII. Nothing in this Section 12.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen Ten or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen, Ten of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenTen, the Trustee, subject to the provisions of Sections 601 7.01 and 6037.02, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Ten. Nothing in this Article Ten shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 7.07. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or representative on behalf of any such holder. In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article ThirteenTen, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article Ten, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. (a) Nothing contained in this Article Thirteen Four or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, premium (if any) of and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen, Four of the holders of Senior Indebtedness in respect of cash, property or securities Securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets or securities of the Company referred to in this Article ThirteenFour, the Trustee, subject to the provisions of Sections 601 8.1 and 6038.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such any liquidation, dissolution, winding up, liquidation winding-up or reorganization proceedings are pending, or a certificate of the receiver, trustee in bankruptcy, liquidating trustee or agent or other Person making any payment or distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such payment or 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 Article Thirteen so long as such court has been apprised of Four. Nothing in this Article Four shall apply to the provisions claims of, or the order, decree or certificate makes reference payments to, the provisions Trustee under or pursuant to Section 8.7. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Indebtedness (or a trustee on behalf of, or other representative of, such holder) to establish that such notice has been given by a holder of such Senior Indebtedness or a trustee or Representative on behalf of any such holder. (b) In the event that the Trustee determines in good faith that any evidence is required with respect to the right of any Person as a holder of Senior Indebtedness to participate in any payment or distribution pursuant to this Article ThirteenFour, the Trustee may request such Person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Senior Indebtedness held by such Person, the extent to which such person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such Person under this Article Four, and if such evidence is not furnished, the Trustee may defer any payment to such Person pending judicial determination as to the right of such Person to receive such payment.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , interest on, and interest on and any Additional Amounts Liquidated Damages with respect to to, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXII, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XII or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenXII, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen XII so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXII. Nothing in this Section 12.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen V or elsewhere in this the Indenture or in the Securities Securities: (a) is intended to or shall impair, impair as between its creditors other than the holders of Senior Indebtedness or Other Company Obligations and the Holders of the Securities of any seriesSecurities, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders of the Securities the principal ofof (and premium, premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series as and when the same shall become due and payable in accordance with their terms, or , (b) is intended to or shall affect the relative rights of such the Holders of the Securities and creditors of the Company other than the holders of the Senior IndebtednessIndebtedness or Other Company Obligations, nor shall anything herein or therein prevent or (c) prevents the Trustee or the Holder of any Holder Subordinated Security from exercising all remedies otherwise permitted by applicable law upon default under this the Indenture, subject to the rights, if any, under this Article Thirteen, V of the holders of Senior Indebtedness or Other Company Obligations in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen Upon any payment or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenV, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Securities 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 liquidation, bankruptcy, insolvency 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 person making any distribution payment or distribution, delivered to the Trustee or to such the Holders of the Securities, for the purpose of ascertaining the Persons persons entitled to participate in such payment or distribution, the holders of the Senior Indebtedness Indebtedness, and other Indebtedness indebtedness of the Company, 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 Thirteen so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen.V.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such the Holders the principal of, of or any premium (if any) and interest on and any Additional Amounts with respect to the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from 70 80 exercising all 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. Notwithstanding anything to the contrary in this Article Thirteen or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen, the Trustee, subject to the provisions of Sections 601 and 603, Trustee and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are proceeding is pending, or a certificate of the liquidating trustee or agent or other Person person making any distribution to the Trustee or to such the Holders for the purpose of ascertaining the Persons persons entitled to participate in such distribution, the holders of the Senior Indebtedness 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 Thirteen so long Thirteen. Except as such court has been apprised otherwise provided in this Section 1305, in the event of any inconsistency between the provisions of this Article Thirteen, on the one part, and any other provision of this Indenture or any provision of the provisions ofSecurities, or on the order, decree or certificate makes reference toother part, the provisions of this Article ThirteenThirteen shall govern.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen XII or elsewhere in this Indenture or in the Securities is intended to or shall impair, impair as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to on, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 ThirteenXII, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen XII or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article ThirteenXII, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders for the purpose of ascertaining the Persons entitled to participate in such distribution, the holders of the Senior Indebtedness In- debtedness 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 Article Thirteen XII so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenXII. Nothing in this Section 12.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7 or otherwise for its own benefit.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company and the Holders of the Securities of any seriesHolders, the obligation of the Companyeach such Person, which obligation is absolute and unconditional, to pay to such the Holders the principal of, premium (premium, if any) , and interest on and any Additional Amounts with respect to on, the Securities of such series 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 such the Holders and creditors of the Company other than the holders of the 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 Thirteen11, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen 11 or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Company referred to in this Article Thirteen11, the Trustee, subject to the provisions of Sections 601 7.1 and 6037.2, and the Holders of the Securities shall be entitled to rely upon any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such the Holders 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 Article Thirteen 11 so long as such court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article Thirteen11. Nothing in this Section 11.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 7.7.

Obligations of the Company Unconditional. Nothing contained in this Article Thirteen IV or elsewhere in this Indenture or in the Securities Notes is intended to or shall impair, as between the Company and the Holders holders of the Securities of any seriesNotes, the obligation of the Company, which is absolute and unconditional, to pay to such Holders those holders the principal of, premium (if any) of and interest on and any Additional Amounts the Notes, or the Principal Return with respect to the Securities Notes upon conversion of such series the Notes, as and when the same shall become due and payable in accordance with their termsthe terms of the Notes and this Indenture, or is intended to or shall affect the relative rights of such Holders those holders and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder holder from exercising all remedies otherwise permitted by applicable law upon on default under this Indenture, subject to the rights, if any, under this Article ThirteenIV, of the holders of Senior Indebtedness in respect of cash, property or securities of the Company received upon on the exercise of any such remedy. Notwithstanding anything to the contrary in this Article Thirteen IV or elsewhere in this Indenture or in the SecuritiesNotes, upon on any distribution of assets of the Company referred to in this Article ThirteenIV, the Trustee, subject to the provisions of Sections 601 8.01 and 6038.02, and the Holders holders of the Securities Notes shall be entitled to rely upon on any order or decree made by any court of competent jurisdiction in which 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 Trustee or to such Holders those holders for the purpose of ascertaining the Persons entitled to participate in such that 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 Article Thirteen IV so long as such that court has been apprised of the provisions of, or the order, decree or certificate makes reference to, the provisions of this Article ThirteenIV.