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. Except as otherwise set forth in the Senior Credit Agreement as amended through and in effect on December 31, 2003, 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) or (iv), and except as set forth in the Convertible Notes as amended through December 31, 2003, from making payments at any time of principal of and interest on the Convertible Notes (including out of “EXCESS CASH FLOW” as set forth in the Convertible Notes), or any other amount payable by the Company under the Convertible Notes or this Agreement.”
Payments Otherwise Permitted. The failure of the Borrowers to make any payment with respect to the Junior Debt by reason of the operation of Section 2.3 shall not be construed as preventing the occurrence of a Junior Default under the applicable Junior Debt Documents. Nothing contained in this Section 2 or elsewhere in this Agreement or in the Junior Debt Documents shall prevent the Borrowers 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 2.5, from making payments or prevent the Junior Creditor from receiving payments or exercising any remedy available to the Junior Creditor under the Junior Debt Documents at any time on account of the principal, interest or other charges with respect to the Junior Debt.
Payments Otherwise Permitted. Nothing contained in this Section 2 or elsewhere in this Agreement or in the Junior Debt Documents shall prevent Borrower 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 Permitted Payments with respect to the Junior Debt. Notwithstanding anything to the contrary herein, except during the pendency of any Proceeding referred to in subsection 2.2 or unless a Senior Default is then in effect and has not been cured or waived by Senior Creditor, Borrower may repay the Junior Debt as provided in Section 2.6 of the Loan Agreement.
Payments Otherwise Permitted. Nothing contained in this Section 11 or elsewhere in this Agreement or in the Notes shall prevent the Company, at any time except as otherwise expressly provided in this Section 11 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 with respect to the Note Obligations.
