Common use of Obligations of the Issuer Unconditional Clause in Contracts

Obligations of the Issuer Unconditional. Nothing contained in this Article 10 or elsewhere in this Indenture or in any Note is intended to or shall impair, as among the Issuer, its creditors other than holders of Senior Debt of the Issuer and the Holders of the Notes, the obligation of the Issuer, 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 Issuer other than the holders of the Senior Debt of the Issuer, nor shall anything herein or therein prevent the Trustee or the Holder of any Note from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default under this Indenture, subject to the rights, if any, under this Article 10 of the holders of Senior Debt of the Issuer in respect of cash, property or securities of the Issuer received upon the exercise of any such remedy. Upon any distribution of assets of the Issuer referred to in this Article 10, the Trustee, subject to the provisions of Article 7, and the Holders of the 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 the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness of the Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 10.

Obligations of the Issuer Unconditional. Nothing contained in this Article 10 6 or elsewhere in this the Indenture or in any Note is intended to or shall impair, as among the Issuer, its creditors other than holders of Senior Debt Indebtedness of the Issuer and the Holders of the Notes, the obligation of the Issuer, which is absolute and unconditional, to pay to the Holders of the Notes the principal of and interest on the Notes (including, without limitation, Installment Payments and the Repurchase Price of any Notes payable pursuant to Article 11, 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 the Holders of the Notes and creditors of the Issuer other than the holders of the Senior Debt Indebtedness of the Issuer, nor shall anything herein or therein prevent the Trustee or the Holder of any Note from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default or an Event of Default under this the Indenture, subject to the rights, if any, under this Article 10 6 of the holders of Senior Debt Indebtedness of the Issuer in respect of cash, property or securities of the Issuer received upon the exercise of any such remedy. Upon any distribution of assets of the Issuer referred to in this Article 106, the Trustee, subject to the provisions of Article 7Six of the Base Indenture, and the Holders of the 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 the Holders of the Notes, for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of the Senior Debt Indebtedness and other indebtedness of the Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 106.

Obligations of the Issuer Unconditional. Nothing contained in this Article 10 X or elsewhere in this Indenture or in any Note the Senior Subordinated Securities is intended to or shall impair, as among the Issuer, its creditors other than holders of Senior Debt of the Issuer and the Holders of the NotesSenior Subordinated Securities, the obligation of the Issuer, which is absolute and unconditional, to pay to the Holders of the Notes Senior Subordinated Securities the principal of and interest on the Notes Senior Subordinated 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 Senior Subordinated Securities and creditors of the Issuer other than the holders of the Senior Debt of the Issuer, nor shall anything herein or therein prevent the Trustee or the Holder of any Note Senior Subordinated Security or the Trustee on their behalf from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default default under this Indenture, subject to the rights, if any, under this Article 10 X of the holders of the Senior Debt of the Issuer in respect of cash, property or securities of the Issuer received upon the exercise of any such remedy. Upon Without limiting the generality of the foregoing, nothing contained in this Article X shall restrict the right of the Trustee or the Holders of Senior Subordinated Securities to take any distribution of assets action to declare the Senior Subordinated Securities to be due and payable prior to their stated maturity pursuant to Section 6.02 or to pursue any rights or remedies hereunder; PROVIDED, HOWEVER, that all Senior Debt of the Issuer referred to then due and payable shall first be paid in this Article 10, the Trustee, subject to the provisions of Article 7, and full in cash or Cash Equivalents before the Holders of the Notes shall be Senior Subordinated Securities 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 the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such distributionon behalf of, the holders Issuer on account of any Obligations on the Senior Debt and other indebtedness of the Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 10Subordinated Securities.

Obligations of the Issuer Unconditional. Nothing contained in this Article 10 11 or elsewhere in this Indenture or in any Note is intended to or shall impair, as among the Issuer, its creditors other than holders of Senior Debt of the Issuer and the Holders of the Notes, the obligation of the Issuer, 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 Issuer other than the holders of the Senior Debt of the Issuer, nor shall anything herein or therein prevent the Trustee or the Holder of any Note from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default under this Indenture, subject to the rights, if any, under this Article 10 11 of the holders of Senior Debt of the Issuer in respect of cash, property or securities of the Issuer received upon the exercise of any such remedy. Upon any distribution of assets of the Issuer referred to in this Article 1011, the Trustee, subject to the provisions of Article 7, and the Holders of the 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 the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness of the Issuer, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 1011.

Obligations of the Issuer Unconditional. Nothing contained in this Article 10 XII or elsewhere in this Indenture or in any Note the Securities is intended to or shall impair, as among the Issuer, its creditors other than holders of Senior Debt of between the Issuer and Guarantors and the Holders of the NotesHolders, the obligation of the Issuereach such Person, which is absolute and unconditional, to pay to the Holders of the Notes the principal of of, premium, if any, and interest and Liquidated Damages 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 Issuer and the Guarantors other than the holders of the Senior Debt of the IssuerDebt, nor shall anything herein or therein prevent the Trustee or the any Holder of any Note from exercising all remedies otherwise permitted by applicable law upon the occurrence of a Default default under this Indenture, subject to the rights, if any, under this Article 10 XII and under the proviso to Section 6.2, of the holders of Senior Debt of the Issuer in respect of cash, property or securities of the Issuer or the Guarantors received upon the exercise of any such remedyremedy or otherwise. Upon Notwithstanding anything to the contrary in this Article XII or elsewhere in this Indenture or in the Securities, upon any distribution of assets of the Issuer referred to in this Article 10XII, the Trustee, subject to the provisions of Article 7Sections 6.1 and 6.2, and the Holders of the 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 Trustee or agent or other person Person making any distribution to the Trustee or to the Holders of the Notes, for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of the Senior Debt and other indebtedness Indebtedness of the IssuerIssuer and the Guarantors, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Article 10XII 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 XII. Nothing in this Section 12.5 shall apply to the claims of, or payments to, the Trustee under or pursuant to Section 6.7.