Common use of Provision Solely to Define Relative Rights Clause in Contracts

Provision Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities, on one hand, and the holders of Senior Indebtedness, on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall: (a) impair, as between the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the Principal Amount, interest or such other amounts as may be provided for in Section 2.3(a), if any, as the case may be, in respect of the Securities as and when the same shall become due and payable in accordance with the terms of the Securities and this Indenture and which, subject to the rights under this Article XII of the holders of Senior Indebtedness, is intended to rank equally with all other general obligations of the Company; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than holders of Senior Indebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XII of the holders of Senior Indebtedness to receive cash, property or securities otherwise payable or deliverable to the Trustee or such Holder.

Provision Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities, on one hand, and the holders of Senior Indebtedness, on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall: (a) impair, as between the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the Principal Amount, interest or such other amounts as may be provided for in Section 2.3(a), if any, as the case may be, in respect of the Securities as and when the same shall become due and payable in accordance with the terms of the Securities and this Indenture and which, subject to the rights under this Article XII of the holders of Senior Indebtedness, is intended to rank equally with all other general obligations of the Company; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than holders of Senior Indebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XII of the holders of Senior Indebtedness to receive cash, property or securities otherwise payable or deliverable to the Trustee or such Holder.

Provision Solely to Define Relative Rights. The provisions of this Article XII Fourteen are and are intended solely for the purpose of defining the relative rights of the Holders of the SecuritiesSecurities of any series, on one hand, and the holders of Senior Indebtedness, on the other hand. Nothing contained in this Article XII Fourteen or elsewhere in this Indenture or in the Securities of any series is intended to or shall: (a) impair, as between the Company and the Holders of the SecuritiesSecurities of such series, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities of such series the Principal Amountprincipal amount, interest or such other amounts as may be provided for in Section 2.3(a)301, if any, as the case may be, in respect of the Securities of such series as and when the same shall become due and payable in accordance with the terms of the Securities of such series and this Indenture and which, subject to the rights under this Article XII Fourteen of the holders of Senior Indebtedness, is intended to rank equally with all other general obligations of the Company; or (b) affect the relative rights against the Company of the Holders of the Securities of such series and creditors of the Company other than holders of Senior Indebtedness; or (c) prevent the Trustee or the Holder of any Security of such series from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XII Fourteen of the holders of Senior Indebtedness to receive cash, property or securities otherwise payable or deliverable to the Trustee or such Holder.

Provision Solely to Define Relative Rights. The provisions of this Article XII 10 are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities, Notes on the one hand, hand and the holders of Senior Indebtedness, Debt and Subordinated Indebtedness of the Company on the other hand. Nothing contained in this Article XII 10 or elsewhere in this Indenture or in the Securities Notes is intended to or shall: shall (a) impair, as between among the Company, its creditors other than holders of Senior Debt and Subordinated Indebtedness of the Company and the Holders of the SecuritiesNotes, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the Principal Amount, interest or such other amounts as may be provided for in Section 2.3(a), if any, as the case may be, in respect of the Securities as and when the same shall become due and payable in accordance with the terms of the Securities and this Indenture unconditional (and which, subject to the rights under this Article XII 10 of the holders of Senior IndebtednessDebt and Subordinated Indebtedness of the Company, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Notes the principal, premium, if any, interest and Additional Amounts on the Notes as and when the same shall become due and payable in accordance with their terms; or or (b) affect the relative rights against the Company of the Holders of the Securities Notes and creditors of the Company other than the holders of Senior IndebtednessDebt and Subordinated Indebtedness of the Company; or or (c) prevent the Trustee or the Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XII 10 of the holders of Senior Debt and Subordinated Indebtedness of the Company to receive cash, property or and securities otherwise payable or deliverable to the Trustee or such HolderHolder of the Notes.

Provision Solely to Define Relative Rights. 80 The provisions of this Article XII Fifteen are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities, on one hand, and the holders of Senior Indebtedness, on the other hand. Nothing contained in this Article XII Fifteen or elsewhere in this Indenture or in the Securities is intended to or shall: (a) impair, as between the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the Principal Amountprincipal amount, interest or such other amounts as may be provided for in Section 2.3(a)2.5, if any, as the case may be, in respect of the Securities as and when the same shall become due and payable in accordance with the terms of the Securities and this Indenture and which, subject to the rights under this Article XII Fifteen of the holders of Senior Indebtedness, is intended to rank equally with all other general obligations of the Company; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than holders of Senior Indebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XII Fifteen of the holders of Senior Indebtedness to receive cash, property or securities otherwise payable or deliverable to the Trustee or such Holder.

Provision Solely to Define Relative Rights. The provisions of this Article XII Fourteen are and are intended solely for the purpose of defining the relative rights of the Holders of the SecuritiesSecurities of any series, on one hand, and the holders of Senior Indebtedness, on the other hand. Nothing contained in this Article XII Fourteen or elsewhere in this Indenture or in the Securities of any series is intended to or shall: (a1) impair, as between the Company and the Holders of the SecuritiesSecurities of such series, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities of such series the Principal Amountprincipal amount, interest or such other amounts as may be provided for in Section 2.3(a)3.01, if any, as the case may be, in respect of the Securities of such series as and when the same shall become due and payable in accordance with the terms of the Securities of such series and this Indenture and which, subject to the rights under this Article XII Fourteen of the holders of Senior Indebtedness, is intended to rank equally with all other general obligations of the Company; or (b2) affect the relative rights against the Company of the Holders of the Securities of such series and creditors of the Company other than holders of Senior Indebtedness; or (c3) prevent the Trustee or the Holder of any Security of such series from exercising all remedies otherwise permitted by applicable law upon default or an Event of Default under this Indenture, subject to the rights, if any, under this Article XII Fourteen of the holders of Senior Indebtedness to receive cash, property or securities otherwise payable or deliverable to the Trustee or such Holder.

Provision Solely to Define Relative Rights. The provisions of this Article XII XIV are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities, on one hand, and the holders of Senior Indebtedness, on the other hand. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in the Securities is intended to or shall: (a) impair, as between the Company and the Holders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the Holders of the Securities the Principal Amountprincipal amount, interest or such other amounts as may be provided for in Section 2.3(a)2.3, if any, as the case may be, in respect of the Securities as and when the same shall become due and payable in accordance with the terms of the Securities and this Indenture and which, subject to the rights under this Article XII XIV of the holders of Senior Indebtedness, is intended to rank equally with all other general obligations of the Company; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than holders of Senior Indebtedness; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XII XIV of the holders of Senior Indebtedness to receive cash, property or securities otherwise payable or deliverable to the Trustee or such Holder.