Common use of Rights and Obligations of Holders Clause in Contracts

Rights and Obligations of Holders. (i) In the event that, notwithstanding the foregoing provision prohibiting such payment or distribution, the Holders shall have received any payment on account of the Subordinated Debt at a time when such payment is prohibited by such provision before the Senior Debt is paid in full, then and in such event, such payment or distribution shall be received and held in trust by the Holders apart from their other assets and paid over or delivered to the holders of the Senior Debt remaining unpaid to the extent necessary to pay in full in cash the principal of (premium, if any), and interest on, such Senior Debt in accordance with its terms and after giving effect to any concurrent payment or distribution to the holders of such Senior Debt. (ii) Nothing contained in this Section 8 will limit the right of the Holders of Subordinated Debt to take any action to accelerate the maturity of the Subordinated Debt pursuant to Section 7.2 hereof, PROVIDED, HOWEVER, that all Senior Debt then due or thereafter declared to be due shall first be paid in full before the Holders are entitled to receive any payment from Company of principal of, or interest on, the Note. (iii) Upon any payment or distribution of assets or securities referred to in this Section 8, the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, and upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, agent or other person making any such payment or distribution, delivered to the Holders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of Senior Debt and other Indebtedness of Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Section 8.

Rights and Obligations of Holders. (i) In the event that, notwithstanding the foregoing provision prohibiting such payment or distribution, the Holders shall have received any payment on account of the Subordinated Debt Term B Loan Obligations at a time when such payment is prohibited by such provision before the Senior Debt is Term A Loan Obligations are paid in full, then and in such eventthen, such payment or distribution shall be received and held in trust by the Holders apart from their other assets and paid over or delivered to the holders of the Senior Debt Term A Lenders remaining unpaid to the extent necessary to pay in full in cash the principal of (premium, if any), and interest on, such Senior Debt in accordance with its terms and Term A Loan Obligations after giving effect to any concurrent payment or distribution to the holders of such Senior DebtTerm A Loan Obligations. (ii) Nothing contained in this Section 8 Article XIV will limit the right of the Holders of Subordinated Debt to take any action to accelerate the maturity of the Subordinated Debt Term B Loans pursuant to Section 7.2 11.02 hereof, PROVIDEDprovided, HOWEVERhowever, that all Senior Debt Term A Loan Obligations then due or thereafter declared to be due shall first be paid in full before the Holders are entitled to receive any payment from Company the Borrower in respect of principal of, or interest on, the NoteTerm B Loan Obligations. (iii) Upon any payment or distribution of assets or securities referred to in this Section 8Article XIV, the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, and upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, agent or other person making any such payment or distribution, delivered to the Holders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of Senior Debt Term A Loan Obligations and other Indebtedness of Companythe Borrower, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Section 8Article XIV.

Rights and Obligations of Holders. (i) In the event that, notwithstanding the foregoing provision provisions prohibiting such payment or distribution, including, without limitation, Section 9.2(a) the Holders shall have received any payment on account of the Subordinated Debt at a time when such payment is prohibited by such provision before the Senior Debt is paid in full, then and in such event, such payment or distribution shall be received and held in trust by the Holders apart from their other assets and paid over or delivered to the holders of the Senior Debt remaining unpaid to the extent necessary to pay in full in cash the principal of (premium, if any)of, and interest on, such Senior Debt in accordance with its terms and after giving effect to any concurrent payment or distribution to the holders of such Senior Debt. (ii) Nothing contained in this Section 8 9 will limit the right of the Holders of Subordinated Debt to take any action to accelerate the maturity of the Subordinated Debt pursuant to Section 7.2 8.1 hereof; provided, PROVIDED, HOWEVERhowever, that all Senior Debt then due or thereafter declared to be due shall first be paid in full before the Holders are entitled to receive any payment from the Company of principal of, or interest on, the NoteSubordinated Debt. (iii) Upon any payment or distribution of assets or securities referred to in this Section 89, the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, and upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, agent or other person Person making any such payment or distribution, delivered to the Holders for the purpose of ascertaining the persons Persons entitled to participate in such distribution, the holders of Senior Debt and other Indebtedness of the Company, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Section 89.

Rights and Obligations of Holders. (i1) In the event that, notwithstanding the foregoing provision prohibiting such payment or distribution, the Holders shall have received any payment on account of the Subordinated Debt at a time when such payment is prohibited by such provision before the Senior Debt is paid in full, then and in such event, such payment or distribution shall be received and held in trust by the Holders apart from their other assets and paid over or delivered to the holders of the Senior Debt remaining unpaid to the extent necessary to pay in full in cash the principal of (premium, if any), and interest on, Table of Contents such Senior Debt in accordance with its terms and after giving effect to any concurrent payment or distribution to the holders of such Senior Debt. (ii2) Nothing contained in this Section 8 9 will limit the right of the Holders of Subordinated Debt to take any action to accelerate the maturity of the Subordinated Debt pursuant to Section 7.2 8.2 hereof, PROVIDEDprovided, HOWEVERhowever, that all Senior Debt then due or thereafter declared to be due shall first be paid in full before the Holders are entitled to receive any payment from Company any Credit Party of principal of, or interest on, the NoteSenior Subordinated Notes. (iii3) Upon any payment or distribution of assets or securities referred to in this Section 89, the Holders shall be entitled to rely upon any order or decree of a court of competent jurisdiction in which such dissolution, winding up, liquidation or reorganization proceedings are pending, and upon a certificate of the receiver, trustee in bankruptcy, liquidating trustee, agent or other person making any such payment or distribution, delivered to the Holders for the purpose of ascertaining the persons entitled to participate in such distribution, the holders of Senior Debt and other Indebtedness of Companyany Credit Party, the amount thereof or payable thereon, the amount or amounts paid or distributed thereon and all other facts pertinent thereto or to this Section 89.