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 principal, interest or other amounts with respect to any Additional Subordinated Debt, provided, that so long as no Default or Event of Default shall have occurred and be continuing or would result therefrom, the Borrower may pay scheduled interest payments on the Additional Subordinated Debt; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Additional Subordinated Debt Documentation (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee); or (c) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as "Senior Indebtedness" (or any other defined term having a similar purpose) for the purposes of the Additional Subordinated Debt Documentation.

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 principalthe Senior Subordinated Notes or the Senior Discount Debentures (other than such a payment, interest prepayment, repurchase or other amounts redemption of the Senior Discount Debentures with respect to the proceeds of any Additional Subordinated DebtSenior Discount Debenture Refinancing), provided, that so long as no Default or Event of Default shall have occurred and be continuing or would result therefrom, the Borrower may pay scheduled interest payments on the Additional Subordinated Debt; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Additional Senior Subordinated Debt Documentation Notes, the Senior Discount Debentures or any Senior Discount Debenture Refinancing (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a material consent fee); , or (c) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as "Designated Senior Indebtedness" (or any other defined term having a similar purpose) for the purposes of the Additional Senior Subordinated Debt DocumentationNote Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to Except as permitted by Section 9.6(c), make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to principal, interest any Subordinated Indebtedness or enter into any derivative or other amounts transaction with respect any Derivatives Counterparty obligating it to make payments to such Derivatives Counterparty as a result of any Additional change in market value of Subordinated DebtIndebtedness, provided, that so long as no Default or Event of Default shall have occurred and be continuing or would result therefrom, the Borrower may pay scheduled interest payments on the Additional Subordinated Debt; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Additional Subordinated Debt Documentation Indebtedness (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee); ) or (c) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as "Designated Senior Indebtedness" (or any other defined term having a similar purpose) for the purposes of the Additional any indenture pursuant to which Subordinated Debt DocumentationIndebtedness is issued.

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 principal, interest Indebtedness under any Indenture or enter into any derivative or other amounts transaction with respect to any Additional Subordinated Debt, provided, that so long as no Default or Event of Default shall have occurred and be continuing or would result therefromDerivatives Counterparty obligating the Company, the Borrower may pay scheduled interest or any Subsidiary to make payments on the Additional Subordinated Debtto such Derivatives Counterparty as a result of any change in market value of any such Indebtedness; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of Indebtedness under the Additional Subordinated Debt Documentation Indentures (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee); or (c) designate enter into or be party to, or make any payment under, any Synthetic Purchase Agreement with respect to any Indebtedness (other than obligations the making or offering to make of the Loan Parties pursuant to the Loan Documents) as "Senior Indebtedness" (any optional or voluntary payment or prepayment thereon, or any other defined term having a similar purpose) for repurchase or redemption thereof, or the purposes optional or voluntary defeasance or segregation of funds with respect thereto, the Additional Subordinated Debt Documentation.Company and its Subsidiaries are otherwise prohibited from doing under this Section 7.8; except:

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 principal, interest the principal of the Convertible Notes or any Subordinated Debt (provided that (i) the Parent Borrower may issue Capital Stock upon conversion of the Convertible Notes in accordance with their terms and (ii) the Convertible Notes and any Subordinated Debt may be refinanced with other amounts with respect to any Additional Subordinated Debt, provided, that so long as no Default or Event of Default shall have occurred and be continuing or would result therefrom, the Borrower may pay scheduled interest payments on the Additional Subordinated Debt); (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, the Convertible Note Documents or any of the terms of the Additional Subordinated Debt Documentation Indenture (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee); or (cd) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as "“Designated Senior Indebtedness" ” (or any other defined term having a similar purpose) for the purposes of the Additional any Subordinated Debt DocumentationIndenture.

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 principal, interest or other amounts with respect to any Additional Subordinated Debt, provided, that so long as no Default or Event of Default shall have occurred and be continuing or would result therefrom, the Borrower may pay scheduled interest payments on the Additional Subordinated Debt; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Additional any Subordinated Debt Documentation (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or waive any default or make any covenant less restrictive and (ii) does not involve the payment of a consent fee); (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Preferred Stock (other than any such amendment, modification, waiver or other change that (i) would extend the scheduled redemption date or reduce the amount of any scheduled redemption payment or reduce the rate or extend any date for payment of dividends thereon and (ii) does not involve the payment of a consent fee); or (cd) designate any Indebtedness (other than obligations of the Loan Parties Borrowers pursuant to the Loan Documents) as "Senior IndebtednessDebt" (or any other defined term having a similar purpose) for the purposes of the Additional Senior Subordinated Debt DocumentationNote Indenture or the Junior Subordinated Note Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of of, or otherwise optionally or voluntarily defease or segregate funds with respect to principal, interest Holdco to defease or other amounts segregate funds with respect to, any Indebtedness (other than any Scheduled Debt that is not subordinated in right of payment to any Additional Subordinated Debtthe Obligations), provided, that so long as no Default other than with the proceeds of Refinancing Indebtedness or Event of Default shall have occurred and be continuing or would result therefrom, the Borrower may pay scheduled interest payments on the Additional Subordinated Debt; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any subordinated Indebtedness included in the Additional Scheduled Debt (including the Senior Subordinated Debt Documentation (Notes and the Holdco Notes), other than any such amendment, modification, waiver or other change that (i) (A) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or (B) is not adverse in any respect to the interests of the Borrowers or Lenders in the reasonable opinion of the U.S. Required Lenders and (ii) does not involve the payment of a consent fee); fee or (c) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as "“Designated Senior Indebtedness" (or any other defined term having a similar purpose) ” for the purposes of the Additional Senior Subordinated Debt DocumentationNotes and the Senior Subordinated Notes Indenture or the Holdco Notes and Holdco Notes Indenture.

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 principal, interest or other amounts with respect to any Additional Subordinated Debt, provided, that so long as no Default or Event of Default shall have occurred and be continuing enter into any derivative or would result therefrom, other transaction with any Derivatives Counterparty obligating the Borrower may pay scheduled interest or any Subsidiary to make payments on the Additional to such Derivatives Counterparty as a result of any change in market value of any Subordinated Debt; , (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Additional any Subordinated Debt Documentation (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee); , or (c) designate any Indebtedness (other than obligations of the Loan Parties Borrower pursuant to the Loan Documents) as "Designated Senior Indebtedness" (or any other defined term having a similar purpose) for the purposes of the Additional any Subordinated Debt DocumentationIndenture.

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 principalthe Senior Subordinated Notes or the Senior Discount Debentures (other than (i) the Redemption and (ii) such a payment, interest prepayment, repurchase or other amounts redemption of the Senior Discount Debentures with respect to the proceeds of any Additional Subordinated DebtSenior Discount Debenture Refinancing, provided, that so long as no Default or Event of Default shall have occurred and be continuing or would result therefrom, the Borrower may pay scheduled interest payments on the Additional Subordinated Debt; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Additional Senior Subordinated Debt Documentation Notes, the Senior Discount Debentures or any Senior Discount Debenture Refinancing (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a material consent fee); , or (c) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as "“Designated Senior Indebtedness" (or any other defined term having a similar purpose) ” for the purposes of the Additional Senior Subordinated Debt DocumentationNote Indentures.