Common use of Obligations of the Company Unconditional Clause in Contracts

Obligations of the Company Unconditional. Nothing contained in this Article 10 or elsewhere in this Indenture is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders of the Notes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Notes the principal of and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holders of any Note or the Trustee 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 10 of the holders of the Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in Article 10 will restrict the right of the Trustee or the Holders of Notes to take any action to declare the Notes to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder.

Obligations of the Company Unconditional. Nothing contained in this Article 10 or elsewhere in this Indenture 8 is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, Guarantors and the Holders Holder, the obligations of the Notes, Company and the obligation of the CompanyGuarantors, which is absolute and unconditional, to pay to the Holders of the Notes Holder the principal of and of, Accreted Value of, premium, or interest on the Notes this Note as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes Holder and creditors of the Company other than the holders of the Senior IndebtednessIndebtedness Parties, nor shall anything herein or therein prevent the Holders of any Note or the Trustee on their behalf Holder from exercising all remedies otherwise permitted by applicable law upon default under this IndentureNote, subject to the rights, if any, under this Article 10 of the holders 8 of the Senior Indebtedness Parties in respect of cash, cash equivalents, property or securities of the Company and the Guarantors received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 10 will 8 shall restrict the right of the Trustee or the Holders of Notes Holder to take any action to declare the Notes this Note to be due and payable prior to their its stated maturity pursuant to Section 6.01 7.1 or to pursue any rights or remedies hereunder; provided, however, that all Senior Indebtedness shall first be indefeasibly paid in full in cash, or have provision made for such payment in a manner satisfactory to the Senior Indebtedness Parties, before the Holder is entitled to receive any direct or indirect payment from the Company or the Guarantors of principal of, Accreted Value of, interest on (and other obligations, if any, with respect to) this Note.

Obligations of the Company Unconditional. Nothing contained in this Article 10 12 or elsewhere in this Indenture or in any Note is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders of the NotesHolders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Notes the principal of and interest on the Notes Notes, 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 the Holders of the Notes and other creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holders of Trustee or any Note or the Trustee on their behalf Holder from exercising all remedies otherwise permitted by applicable law upon default the happening of an Event of Default under this Indenture, subject to the provisions of Article 7, and the rights, if any, under this Article 10 12 of the holders of the Senior Indebtedness to receive assets, whether in respect of cash, property or securities securities, of the Company received otherwise payable or deliverable to the Trustee or such Holder upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in Article 10 will restrict the right of the Trustee or the Holders of Notes to take any action to declare the Notes to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder.

Obligations of the Company Unconditional. Nothing contained in this Article 10 Nine or elsewhere in this Indenture or in the Notes is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, Company and the Holders of the Notes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Notes the principal of and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Company other than the holders of the Senior IndebtednessIndebtedness of the Company, nor shall anything herein or therein prevent the Holders Holder of any Note or the Trustee 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 10 Nine of the holders of the Senior Indebtedness of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 10 will Nine shall restrict the right of the Trustee or the Holders of Notes to take any action to declare the Notes to be due and payable prior to their stated maturity pursuant to Section 6.01 6.02 87 94 or to pursue any rights or remedies hereunder; provided, however, that all Designated Senior Indebtedness of the Company then due and payable shall first be paid in full in cash or Cash Equivalents before the Holders of the Notes or the Trustee are entitled to receive any direct or indirect payment from the Company of principal of or interest on the Notes.

Obligations of the Company Unconditional. Nothing contained in this Article 10 Eight or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, Company and the Holders of the NotesSecurities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Notes Securities the principal of and interest on the Notes Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes Securities and creditors of the Company other than the holders of the Senior IndebtednessIndebtedness of the Company, nor shall anything herein or therein prevent the Holders Holder of any Note Security or the Trustee 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 10 Eight of the holders of the Senior Indebtedness of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 10 will Eight shall restrict the right of the Trustee or the Holders of Notes Securities to take any action to declare the Notes Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Senior Indebtedness of the Company then due and payable shall first be paid in full in cash or Cash Equivalents before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from, or on behalf of, the Company on account of any Obligations on the Securities.

Obligations of the Company Unconditional. Nothing contained in this Article 10 Thirteen or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company, its creditors other than the 95 holders of Senior Indebtedness, and the Holders of the NotesHolders, the obligation of the Company, which is absolute unconditional and unconditionalabsolute, to pay to the Holders of the Notes the principal of of, premium, if any, and interest on the Notes Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes and creditors of the Company other than the holders of the Senior Indebtedness, nor shall anything herein or therein prevent the Holders of Trustee or any Note or the Trustee on their behalf Holder from exercising all remedies otherwise permitted by applicable law upon default a Default or an Event of Default under this Indenture, subject to the rights, if any, under this Article 10 Thirteen, of the holders of the Senior Indebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Without limiting the generality of the foregoing, nothing contained in this Article 10 Thirteen will restrict the right of the Trustee or the Holders of Notes to take any action to declare the Notes Securities to be due and payable prior to their stated maturity Stated Maturity pursuant to Section 6.01 501 or to pursue any rights or remedies hereunder; provided, however, that all Senior Indebtedness then due and payable or thereafter declared to be due and payable shall first be paid in full, in cash or cash equivalents, before the Holders or the Trustee are entitled to receive any direct or indirect payment from the Company of Senior Subordinated Obligations.

Obligations of the Company Unconditional. Nothing contained in this Article 10 Eight or elsewhere in this Indenture or in the Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, Company and the Holders of the NotesSecurities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Notes Securities the principal of and interest on the Notes Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Holders of the Notes 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 Holders Holder of any Note Security or the Trustee 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 10 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. Without limiting the generality of the foregoing, nothing contained in this Article 10 will Eight shall restrict the right of the Trustee or the Holders of Notes Securities to take any action to declare the Notes Securities to be due and payable prior to their stated maturity pursuant to Section 6.01 or to pursue any rights or remedies hereunder; provided, however, that all Senior Debt of the Company then due and payable shall first be paid in full in cash or Cash Equivalents before the Holders of the Securities or the Trustee are entitled to receive any direct or indirect payment from, or on behalf of, the Company on account of any Obligations on the Securities.