Common use of Obligations of the Company Unconditional Clause in Contracts

Obligations of the Company Unconditional. Nothing contained in this Article or elsewhere in this Agreement or in any Note is intended to or shall impair, as between the Company, its creditors (other than the Senior Debtholders) and the Purchaser, the obligations of the Company, which are absolute and unconditional, to pay to the Purchaser the Subordinated Obligations when the same become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Purchaser and creditors of the Company other than the Senior Debtholders, nor shall anything herein or therein prevent any Purchaser from exercising all remedies otherwise permitted by Applicable Law upon default under this Agreement, subject to the rights, if any, and the limitations on remedies provided in this Article (including Section 11.9), of the holders of Senior Debt. Notwithstanding anything to the contrary in this Agreement or in the Notes, upon any distribution of properties of the Company referred to in this Article, the Purchaser shall be entitled to rely upon any judgment 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 Purchaser, for the purpose of ascertaining the persons entitled to participate in such distribution, the Senior Debtholders and other Obligations 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.

Obligations of the Company Unconditional. This Article defines the relative rights of the Holders and holders of Senior Debt. Nothing contained in this Article or elsewhere in this Agreement or in any Note Indenture is intended to or shall impair, as between the Company, its creditors (other than the Senior Debtholders) Company and the PurchaserHolders, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Purchaser Holders the Subordinated Obligations Principal of and interest on the Debentures as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Purchaser Holders and creditors of the Company Company, other than the holders of Senior DebtholdersDebt, nor shall anything herein or therein in the Debentures prevent the Trustee or any Purchaser Holder from exercising all remedies otherwise permitted by Applicable Law applicable law upon default under this AgreementIndenture, subject to the rights, if any, and the limitations on remedies provided in under this Article (including Section 11.9)X, of the holders of Senior DebtDebt in respect of any Distribution received upon the exercise of any such remedy. Notwithstanding anything to the contrary in this Agreement or in the Notes, upon Upon any distribution of properties of the Company referred to in this ArticleDistribution, the Purchaser Trustee and the Holders shall be entitled to rely conclusively upon any judgment 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 Person making any distribution to the Purchaser, Distribution for the purpose of ascertaining the persons Persons entitled to participate in such distributionDistribution, the holders of Senior Debtholders Debt and other Obligations 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.Article X.

Obligations of the Company Unconditional. Nothing contained in this Article Ten or elsewhere in this Agreement Indenture or in any Note is intended to or shall impair, as between the Company, its creditors (other than the Senior Debtholders) Company and the PurchaserHolders, the obligations of the Company, which are absolute and unconditional, to pay to the Purchaser Holders the Subordinated Obligations 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 effect the relative rights of the Purchaser Holders and creditors of the Company Company, other than the holders of the Senior DebtholdersIndebtedness, nor shall anything herein or therein prevent the Trustee or any Purchaser Holder from exercising all remedies otherwise permitted by Applicable Law applicable law upon default under this AgreementIndenture, subject to the rights, if any, and the limitations on remedies provided in under this Article (including Section 11.9)Ten, of the holders of Senior DebtIndebtedness 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 Agreement or in the Notes, upon Upon any distribution of properties assets of the Company referred to in this ArticleArticle Ten, the Purchaser Trustee, subject to the provisions of Section 7.01, and the Holders shall be entitled to rely upon any judgment 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 Person making any distribution to the Purchaser, Trustee or to the Holders for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debtholders Indebtedness and other Obligations 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 ArticleArticle Ten.

Obligations of the Company Unconditional. Nothing contained in this Article Section 13 or elsewhere in this Agreement or in any the Note is intended to or shall impair, as between the Company, its creditors (other than the Senior Debtholders) Company and the Purchaseryou, the obligations obligation of the Company, which are is absolute and unconditional, to pay to you the Purchaser principal of, premium, if any, and interest on the Subordinated Obligations Note 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 the Purchaser you and creditors credi- tors of the Company other than the holders of the Senior DebtholdersIndebt- edness, nor shall anything herein or therein in the Note prevent any Purchaser you from exercising all remedies otherwise permitted by Applicable Law applicable law upon default under this Agreement, subject to the rights, if any, and the limitations on remedies provided in under this Article (including Section 11.9)13, of the holders of Senior DebtIndebtedness 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 Section 13 in this Agreement or in the Notes, Note upon any distribution of properties assets of the Company referred to in this ArticleSection 13, the Purchaser you shall be entitled to rely upon any judgment order or decree made by any court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings pro- ceedings are pending, or a certificate of the liquidating trustee or agent or other person Person making any distribution to the Purchaser, you for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debtholders Indebtedness and other Obligations 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 ArticleSection 13.

Obligations of the Company Unconditional. 50- 57 Nothing contained in this Article Ten or elsewhere in this Agreement Indenture or in any Note Security is intended to or shall impair, as between the Company, its creditors (other than the Senior Debtholders) Company and the PurchaserHolders, the obligations of the Company, which are absolute and unconditional, to pay to the Purchaser Holders the Subordinated Obligations principal of and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect effect the relative rights of the Purchaser Holders and creditors of the Company Company, other than the holders of the Senior DebtholdersIndebtedness, nor shall anything herein or therein prevent the Trustee or any Purchaser Holder from exercising all remedies otherwise permitted by Applicable Law applicable law upon default under this AgreementIndenture, subject to the rights, if any, and the limitations on remedies provided in under this Article (including Section 11.9)Ten, of the holders of Senior DebtIndebtedness 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 Agreement or in the Notes, upon Upon any distribution of properties assets of the Company referred to in this ArticleArticle Ten, the Purchaser Trustee, subject to the provisions of Section 7.01, and the Holders shall be entitled to rely upon any judgment 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 Person making any distribution to the Purchaser, Trustee or to the Holders for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debtholders Indebtedness and other Obligations 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 ArticleArticle Ten.

Obligations of the Company Unconditional. Nothing contained ---------------------------------------- in this Article XI or elsewhere in this Agreement or in any Note is intended to or shall impair, as between the Company, its creditors (other than the Senior Debtholders) Company and the PurchaserHolders, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Purchaser Holders the Subordinated Obligations principal of and interest on the 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 the Purchaser Holders and creditors of the Company other than the holders of Senior DebtholdersIndebtedness, nor shall anything herein or therein prevent any Purchaser the Holders from exercising all remedies otherwise permitted by Applicable Law applicable law upon default the occurrence of a Default or Event of Default under this AgreementAgreement or any Note, subject to the rights, if any, and the limitations on remedies provided in under this Article (including Section 11.9), XI of the holders of Senior DebtIndebtedness 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 Agreement Upon any payment or in the Notes, upon any distribution of properties assets of the Company referred to in this ArticleArticle XI, the Purchaser Holders shall be entitled to rely upon the delivery to it of any judgment 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 Purchaser, Holders for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debtholders Indebtedness and other Obligations 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 ArticleArticle XI.

Obligations of the Company Unconditional. Nothing contained in this Article X or elsewhere in this Agreement Indenture or in any Note the Securities, is intended to or shall impair, as between the Company, its creditors (other than the Senior Debtholders) Company and the PurchaserHolders, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Purchaser Holders the Subordinated Obligations Principal of, and interest on, the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Purchaser Holders and creditors of the Company other than the holders of the Senior DebtholdersIndebtedness, nor shall anything herein or therein prevent the Trustee or any Purchaser Holder from exercising all remedies otherwise permitted by Applicable Law applicable law upon default under this AgreementIndenture, subject to the rights, if any, and the limitations on remedies provided in under this Article (including Section 11.9), X of the holders of Senior DebtIndebtedness 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 Agreement Upon any payment or in the Notes, upon any distribution of properties cash, property or securities of the Company referred to in this ArticleArticle X, the Purchaser Trustee, subject to the provisions of Sections 7.01 and 7.02, and the Holders shall be entitled to rely upon any judgment 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 Person making any payment or distribution to the Purchaser, Trustee or to the Holders for the purpose of ascertaining (i) the persons Persons entitled to participate in such payment or distribution, (ii) the holders of Senior Debtholders Indebtedness and other Obligations 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.

Obligations of the Company Unconditional. Nothing contained in this Article Section 11 or elsewhere in this Agreement or in any Note the Notes is intended to or shall impair, as between the Company, its creditors (other than the Senior Debtholders) Company and the PurchaserHolders, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Purchaser Holders the Subordinated Obligations principal of, premium, if any, and interest on the Notes as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the Purchaser Holders and creditors of the Company other than the holders of the Senior DebtholdersIndebtedness, nor shall anything herein or therein in the Notes prevent any Purchaser Holder from exercising all remedies otherwise permitted by Applicable Law applicable law upon default under this Agreement, subject to the rights, if any, and the limitations on remedies provided in under this Article (including Section 11.9)11, of the holders of the Senior DebtIndebtedness in respect of cash, property or securities of the Company received upon the exercise of any such remedy or other restrictions set forth in this Section 11. Notwithstanding anything to the contrary in this Section 11 or elsewhere in this Agreement or in the Notes, upon any distribution of properties assets of the Company referred to in this ArticleSection 11, the Purchaser Holders shall be entitled to rely upon any judgment 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 Purchaser, Holders for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debtholders Indebtedness and other Obligations 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 ArticleSection 11.