Common use of Payments May Be Paid Prior to Dissolution Clause in Contracts

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b) or in Section 12.07 (provided that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Ten or elsewhere in this Indenture shall prevent (i) any Guarantorthe Company, except under the conditions described in Sections 12.02 10.02 and 12.0310.03, from making payments at any time for the purpose of making payments of principal of and interest on Guarantee Obligationsthe Securities, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 10.02 or 12.0310.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations of principal of, and interest on, the Securities to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b) or in Section 12.07 10.07 (provided that, --------- notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 Section 10.02 and/or 12.03 10.03 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 10.02 and Section 12.0310.03

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b12.02(b) or in Section 12.07 (provided that, notwithstanding the foregoing, the such -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) application shall otherwise be subject to the provisions of Section 12.02 12.02(a) and Section 12.03

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any GuarantorHoldings, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose in respect of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the the, application by the Trustee of any moneys deposited with it for the purpose of making such payments on of principal of, and interest on, Guarantee Obligations to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Officer shall have actually received the written notice provided for in the first second sentence of Section 10.02(b12.02(a) or in Section 12.07 (provided that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) application shall otherwise be subject to the provisions of the first sentence of Section 12.02 12.02(a) and Section 12.03). Holdings shall give prompt written notice to the Trustee of any dissolution, winding-up, liquidation or reorganization of Holdings.

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b) or in Section 12.07 (provided that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Ten or elsewhere in this Indenture shall prevent (i) any Guarantorthe Company, except under the conditions described in Sections 12.02 10.02 and 12.0310.03, from making payments at any time for the purpose of making payments of principal of and interest on Guarantee Obligationsthe Securities, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 10.02 or 12.0310.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations of principal of, and interest on, the Securities to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b) or in Section 12.07 10.07 (provided -------- that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 Section 10.02 and/or 12.03 10.03 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 10.02 and Section 12.0310.03

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b) or in Section 12.07 (provided PROVIDED that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 12.02(a) and Section 12.03

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b12.02(b) or in Section 12.07 (provided that, notwithstanding the foregoing, the such -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) application shall otherwise be subject to the provisions of Section 12.02 12.02(a) and Section 12.03

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 12.2 and 12.0312.3, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 12.2 or 12.0312.3, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b10.2(b) or in Section 12.07 12.7 (provided PROVIDED that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 12.2 and/or 12.03 12.3 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.0312.2 -123-

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve 12 or elsewhere in this Indenture Agreement shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys monies for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys monies deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Officer the Trustee shall have actually received the written notice provided for in the first sentence of Section 10.02(b) or in Section 12.07 (provided that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 12.2 and 12.0312.3, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 12.2 or 12.0312.3, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b10.2(b) or in Section 12.07 12.7 (provided that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 12.2 and/or 12.03 12.3 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 12.2 and Section 12.0312.3

Payments May Be Paid Prior to Dissolution. Nothing ----------------------------------------- contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys monies for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys monies deposited with it by a Guarantor for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Officer the Trustee shall have actually received the written notice provided for in Section 12.13, in the first sentence of Section 10.02(b) or in the last sentence of this Section 12.07 12.04 (provided that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 12.2 and 12.0312.3, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 12.2 or 12.0312.3, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b10.2(b) or in Section 12.07 12.7 (provided that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 12.2 and/or 12.03 12.3 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 12.2 and Section 12.0312.3

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys monies for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys monies deposited with it by a Guarantor for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Officer the Trustee shall have actually received the written notice provided for in Section 12.13, in the first sentence of Section 10.02(b) or in the last sentence of this Section 12.07 12.04 (provided that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve Section 11 or elsewhere in this Indenture Agreement shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 11.2 and 12.0311.3, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee Agent any moneys monies for such payments, or (ii) in the absence of actual knowledge by the Trustee Agent that a given payment would be prohibited by Section 12.02 11.2 or 12.0311.3, the application by the Trustee Agent of any moneys monies deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders Lenders entitled thereto unless at least two one Business Days Day prior to the date upon which such payment would otherwise become due and payable a Trust Officer the Agent shall have actually received the written notice provided for in the first sentence of Section 10.02(b8.2(b) or in Section 12.07 (provided that, notwithstanding the foregoing, the -------- Holders Lenders receiving any payments made in contravention of Sections 12.02 11.2 and/or 12.03 11.3 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 11.2 and Section 12.0311.3

Payments May Be Paid Prior to Dissolution. Nothing contained in this Article Twelve or elsewhere in this Indenture shall prevent (i) any Guarantor, except under the conditions described in Sections 12.02 and 12.03, from making payments at any time for the purpose of making payments on Guarantee Obligations, or from depositing with the Trustee any moneys for such payments, or (ii) in the absence of actual knowledge by the Trustee that a given payment would be prohibited by Section 12.02 or 12.03, the application by the Trustee of any moneys deposited with it for the purpose of making such payments on Guarantee Obligations to the Holders entitled thereto unless at least two Business Days prior to the date upon which such payment would otherwise become due and payable a Trust Responsible Officer shall have actually received the written notice provided for in the first sentence of Section 10.02(b) or in Section 12.07 (provided that, notwithstanding the foregoing, the -------- Holders receiving any payments made in contravention of Sections 12.02 and/or 12.03 (and the respective such payments) shall otherwise be subject to the provisions of Section 12.02 and Section 12.03).