Common use of Payment Otherwise Permitted Clause in Contracts

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. Nothing contained in this Section 9 or elsewhere in this Agreement or in the Notes Term Note shall prevent the Borrower, or the Guarantors, at any time except as set forth in Section 2.02 or 9.02 9.2 or under the conditions described in Section 9.039.3, from making payments at any time of principal of and interest on the Loans Term Loan or any other amount payable by the Borrower or the Guarantors under the Notes Term Note or this Agreement. Notwithstanding the provisions of this Section 9, no the Lender shall not be charged with knowledge of the existence of any facts, including of the occurrence of a Payment 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 Guarantors or the receipt or retention thereof by any the Lender, or the taking of any action by any the Lender of the type referred to in Section 9.049.4, unless such the Lender shall have received at least two Business Day's prior written notice of such facts.

Payment Otherwise Permitted. Nothing contained in this Section 9 --------------------------- 11 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 11.02 or under the conditions described in Section 9.0311.03, 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 910, no neither the Agent nor any 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 the Agent or any Lender, or the taking of any action by the Agent or any Lender of the type referred to in Section 9.0411.04, unless the Agent or such Lender as the case may be, shall have received at least two Business Day's prior written notice of such facts.

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.