Payment Otherwise Permitted. Nothing contained in this Section 9 or elsewhere in this Agreement or in the Notes shall prevent the Borrower, at any time except as set forth in Section 2.02 or 9.02 or under the conditions described in Section 9.03, from making payments at any time of principal of and interest on the Loans or any other amount payable by the Borrower under the Notes or this Agreement. Notwithstanding the provisions of this Section 9, no Lender shall be charged with knowledge of the existence of any facts, including of the occurrence of a Payment Default, which would prohibit the making of any payment or distribution by the Borrower or of any other payment on account of the Subordinated Obligations or the receipt or retention thereof by any Lender, or the taking of any action by any Lender of the type referred to in Section 9.04, unless such Lender shall have received at least two Business Day's prior written notice of such facts.
Payment Otherwise Permitted. 87 11.06 Subrogation to Rights of Holders of Senior Indebtedness............................................. 87 11.07 Provisions Solely to Define Relative Rights......................................................... 87 11.08 No Waiver of Subordination Provisions; Amendment.................................................... 88 11.09 Reliance on Judicial Order or Certificate of Liquidating Agent................................................................................... 88 11.10
Payment Otherwise Permitted. Nothing contained in this Section 9 or elsewhere in this Agreement or in the Notes shall prevent the Company, at any time except as set forth in Section 9.2, from making payments at any time of principal of and interest on the Notes or any other amount payable by the Company under the Notes or this Agreement.
Payment Otherwise Permitted. Nothing contained in this Section 2.09 or elsewhere in this Agreement or in the Notes shall prevent the Subsidiary Guarantor, at any time except as set forth in Section 2.09.2, from making payments at any time of principal of and interest on the Notes or any other amount payable by the Subsidiary Guarantor under the Notes or this Guaranty.
Payment Otherwise Permitted. Nothing contained in this Agreement shall prevent the Obligors, at any time except as set forth in Section 2 or under the conditions described in Section 3, from making payments at any time in connection with (1) to the extent permitted by the terms of the applicable Subordinated Documents and the Senior Credit Agreement, any mandatory redemptions of the Arris New Membership Interest or Holdings Preferred Stock, if any, (2) to the extent permitted by the terms of the applicable Senior Credit Agreement or this Agreement, scheduled payment of principal and interest under the Subordinated Note, if any and (3) to the extent permitted by the terms of the applicable Subordinated Documents and the Senior Credit Agreement, all fees, expenses and indemnities with respect to the Subordinated Obligations properly payable to the Subordinated Creditors pursuant to the Subordinated Documents, except that in no event shall a Subordinated Creditor demand, accept or receive any of the foregoing to the extent such payment would be prohibited under the terms of the Senior Credit Agreement or this Agreement. Subject to Section 10, any payment received by a Subordinated Creditor at a time when the Subordinated Creditor is entitled to receive and any Obligor is not prohibited from making such payment (whether such prohibition is contained in the applicable Organizational Documents, the Senior Credit Agreement, this Agreement or otherwise) shall be for the benefit of the Subordinated Creditor, and the Subordinated Creditor shall have no obligation (contingent or otherwise) to deliver such payments to the Agent or any of the Senior Creditors.
Payment Otherwise Permitted. Nothing contained in this --------------------------- Article or elsewhere in this Agreement or in the Notes shall, at any time (except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 13.1 or except under the conditions and as described in Section ------------ ------- 13.2), ----
