Common use of Rights of Holders of Senior Indebtedness Clause in Contracts

Rights of Holders of Senior Indebtedness. Not to Be Impaired No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time or in any way be prejudiced or impaired by any act or failure to act in good faith by any such holder, or by any noncompliance by the Company with the terms and provisions and covenants herein regardless of any knowledge thereof any such holder may have or otherwise be charged with. The provisions of this Article 10 are intended to be for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness. Notwithstanding anything to the contrary in this Article 10, to the extent any Holders or the Trustee have paid over or delivered to any holder of Senior Indebtedness any payment or distribution received on account of the principal of or premium (if any) or interest on the Debentures to which any other holder of Senior Indebtedness shall be entitled to share in accordance with Section 10.02 hereof, no holder of Senior Indebtedness shall have a claim or right against any Holders or the Trustee with respect to any such payment or distribution or as a result of the failure to make payments or distributions to such other holder of Senior Indebtedness.

Rights of Holders of Senior Indebtedness. Not to Be Impaired not Impaired. No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith faith, by any such holder, or by any noncompliance non-compliance by the Company with the terms and terms, provisions and covenants herein of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise be charged with. The provisions of this Article 10 are intended to be for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness. Notwithstanding anything Neither the Trustee nor any Paying Agent shall be deemed to owe any fiduciary duty to the contrary in this Article 10holders of Senior Indebtedness, and shall not be liable to the extent any such holders if either shall mistakenly pay over or distribute to or on behalf of Holders of Subordinated Securities or the Trustee have paid over Company moneys or delivered to any holder of Senior Indebtedness any payment or distribution received on account of the principal of or premium (if any) or interest on the Debentures assets to which any other holder holders of Senior Indebtedness shall be entitled to share in accordance with Section 10.02 hereof, no holder by virtue of Senior Indebtedness shall have a claim or right against this Article. The Trustee and any Holders agent of the Company or the Trustee shall be entitled to all the rights set forth in this Article with respect to any such payment or distribution or Senior Indebtedness at the time held by it, to the same extent as a result of the failure to make payments or distributions to such any other holder of Senior Indebtedness, and nothing in Section 6.13 or elsewhere in this Indenture shall deprive the Trustee or any such agent of any of its rights as such holder.

Rights of Holders of Senior Indebtedness. Not to Be Impaired NOT TO BE IMPAIRED No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time or in any way be prejudiced or impaired by any act or failure to act in good faith by any such holder, or by any noncompliance by the Company with the terms and provisions and covenants herein regardless of any knowledge thereof any such holder may have or otherwise be charged with. The provisions of this Article 10 are intended to be for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness. Notwithstanding anything to the contrary in this Article 10, to the extent any Holders or the Trustee have paid over or delivered to any holder of Senior Indebtedness any payment or distribution received on account of the principal of or premium (premium, if any) , or interest on the Debentures to which any other holder of Senior Indebtedness shall be entitled to share in accordance with Section 10.02 hereof10.02, no holder of Senior Indebtedness shall have a claim or right against any Holders or the Trustee with respect to any such payment or distribution or as a result of the failure to make payments or distributions to such other holder of Senior Indebtedness.