Common use of Optional Payments and Modifications of Certain Debt Instruments Clause in Contracts

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Indebtedness (any of the foregoing, a “Restricted Debt Payment”) other than:

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to the Senior Notes or any Junior Indebtedness (any of Permitted Senior Indebtedness; provided that the foregoing, a “Restricted Debt Payment”) other thanBorrower may:

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Restricted Indebtedness (any of the foregoing, a “Restricted Debt Payment”) other than:

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Indebtedness (any of the foregoing, a “Restricted Debt Payment”) other than:subordinated Indebtedness.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds (all such actions, collectively, “Prepayments”) with respect to any Junior Indebtedness (Convertible Securities or Subordinated Indebtedness, except the Borrower or any of the foregoing, a “Restricted Debt Payment”) other thanSubsidiary may optionally or voluntarily Prepay any Convertible Securities if:

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Indebtedness (any of the foregoing, a collectively “Restricted Debt PaymentPayments”) other thanexcept for:

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Indebtedness (any of the foregoing, a “Restricted Debt Payment”) other than:Senior Subordinated Notes except for refinancings thereof expressly permitted by Section 8.2(f);

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Indebtedness Debt (any of the foregoing, a collectively “Restricted Debt PaymentPayments”) other than), except for:

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Indebtedness incurred under Section 7.2(f) or (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to any such Indebtedness that would shorten any scheduled date for the payment of the foregoing, a “Restricted Debt Payment”) other than:principal thereof.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds (the foregoing, “Restricted Debt Payments”) with respect to any Junior Subordinated Indebtedness or any Permitted Unsecured Indebtedness (or any Permitted Refinancing Indebtedness in respect of the foregoing) (all such Indebtedness, a “Restricted Debt PaymentJunior Indebtedness”) ), other than:

Optional Payments and Modifications of Certain Debt Instruments. (ai) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Indebtedness Debt (any of the foregoing, a collectively “Restricted Debt PaymentPayments”) other thanexcept for:

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Indebtedness Debt (any of the foregoing, a collectively “Restricted Debt PaymentPayments”) other thanexcept for:

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to the subordinated debt financing included in the Shareholder Investments or (b) except with the consent of the Administrative Agent amend, modify, waive or otherwise change, or consent or agree to any Junior Indebtedness (amendment, modification, waiver or other change to, any of the foregoing, a “Restricted Debt Payment”) other than:terms of such financing.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Indebtedness (any of the foregoing, a “Restricted Debt Payment”) other than:Securitization Note;

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior the Permitted Subordinated Indebtedness (any of other than the foregoing, a “Restricted Debt Payment”) other than:Convertible Subordinated Notes.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to Indebtedness under any Junior Existing Senior Notes or Permitted Unsecured Indebtedness (unless the Required Conditions are satisfied at the time such payment is made; provided, that, for purposes of calculating whether the Required Conditions are satisfied, any payment made in reliance of the foregoing, a “Restricted Debt Payment”) other than:this

Optional Payments and Modifications of Certain Debt Instruments. (ax) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Restricted Indebtedness (any of the foregoing, a “Restricted Debt Payment”) other than:

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Restricted Indebtedness (any of the foregoing, a “Restricted Debt Payment”) other than:: (i) refinancings of Restricted Indebtedness with the proceeds of Permitted Refinancing Indebtedness permitted in respect thereof under Section 7.2; 106 0000-0000-0000 v.2

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Restricted Indebtedness (any of the foregoing, a “Restricted Debt Payment”) other than:: (i) refinancings of Restricted Indebtedness with the proceeds of Permitted Refinancing Indebtedness permitted in respect thereof under Section 7.2; 136

Optional Payments and Modifications of Certain Debt Instruments. (a) Make make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Indebtedness (any of the foregoing, a “Restricted Debt Payment”) other than:Senior Notes;