Payments Otherwise Permitted. Nothing contained in this Section 2 or elsewhere in this Agreement or in the Junior Debt Documents shall prevent Obligors at any time, except during the pendency of any Proceeding referred to in subsection 2.2 or under the conditions referred to in subsection 2.3, from making or the Junior Creditors or any Junior Trustee from receiving regularly scheduled payments of accrued and unpaid interest on to the extent required pursuant to the Junior Debt Documents. However, at no time shall prepayments of the Junior Obligations (whether by way of maturity, acceleration or otherwise) be permitted to be made by any Obligor or received by any Junior Creditor or any Junior Trustee, without the prior written consent of the Trustee and the Required Holders.
Payments Otherwise Permitted. The failure of any Loan Party to make any payment with respect to the Subordinated Debt by reason of the operation of Section 2.3 shall not be construed as preventing the occurrence of a Subordinated Default under the applicable Subordinated Debt Documents. Nothing contained in this Section 2 or elsewhere in this Agreement or in the Subordinated Debt Documents shall prevent any Loan Party at any time, except during the pendency of any Proceeding referred to in Section 2.2 or under the conditions referred to in Section 2.3 or as a result of any event or circumstance otherwise prohibited under Section 2.7, from making Permitted Subordinated Debt Payments, or prevent the Subordinated Creditors from receiving Permitted Subordinated Debt Payments, at any time on account of Subordinated Debt accrued to and payable on the date of such payment, in each case, without giving effect to any provisions of the Subordinated Debt Documents, including any provisions permitting voluntary prepayment or requiring mandatory prepayment or redemption, which would have the effect of increasing the amount, or frequency, of any such payment.
Payments Otherwise Permitted. Nothing contained in any Document shall prevent the Company, at any time except during any dissolution, liquidation, winding up, or reorganization of the Company referred to in Section 11.3 or under the conditions described in Section 11.2, from making payments at any time with respect to the Subordinated Obligations.
Payments Otherwise Permitted. 58 11.5. Subrogation .....................................................59 11.6. Obligations of the Company Unconditional ........................59 11.7. Subordination Rights Not Impaired by Acts or Omissions of the Company or Senior Debtholders ............................60 11.8.
Payments Otherwise Permitted. Nothing contained in this Article XI or elsewhere in this Agreement or in the Notes shall prevent the Company, 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 11.02 or under the conditions described in Section 11.03, from making payments at any time of the Subordinated Debt.
Payments Otherwise Permitted. Nothing contained in this Section 17 or elsewhere in this Agreement or in the Senior Facility Agreements shall prevent the Borrowers at any time, except during the pendency of any Proceeding referred to in subsection 17(b) or under the conditions referred to in subsection 17(c), from making payments, to the extent funds are available therefor in accordance with the terms of this Agreement, or the Junior Creditors from receiving payments pursuant to Section 6 of this Agreement on the Junior Notes.
Payments Otherwise Permitted. 54 SECTION 11.5 Subrogation...................................................54 SECTION 11.6 Provisions Solely to Define Relative Rights...............................................55 SECTION 11.7 No Waiver of Subordination Provisions.........................55 SECTION 11.8
Payments Otherwise Permitted. Nothing contained in this paragraph 6P or elsewhere in this Agreement or in the Convertible Notes shall prevent the Company, at any time except during a Bankruptcy Event as set forth in subparagraph 6P(ii) or under the conditions described in subparagraph 6P(iii), from making payments at any time of principal of and interest on the Convertible Notes or any other amount payable by the Company under the Convertible Notes or this Agreement.
Payments Otherwise Permitted. Nothing contained in this Article XIV or elsewhere in this Agreement or in the Notes shall prevent the Issuers, at any time except under the conditions described in Section 14.02 and Section 14.03 hereof, from making payments at any time on the Notes.
Payments Otherwise Permitted. Nothing contained in this Section 2 or elsewhere in this Agreement or in the Junior Debt Documents shall prevent the Company at any time, except during the pendency of any Proceeding referred to in subsection 2.2 or under the conditions referred to in subsection 2.3, from making, or Junior Creditors from receiving, (i) scheduled payments of accrued interest on the Junior Notes, (ii) payments of principal and accrued interest on the Junior Notes at maturity and (iii) other payments (excluding payments of principal or interest on the Junior Notes) with respect to the Junior Debt when and as due under the Junior Debt Documents.
