Common use of Rights of Trustee and Paying Agent Clause in Contracts

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section Sections 12.02 and 12.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The CompanyIssuers, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.034.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIFour. The CompanyIssuer, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Issuer may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Issuer has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Issuer with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Four with respect to any Senior Indebtedness of the Issuer which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Four shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Sections 10.02 and 10.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The CompanyPartnership, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Officer receives notice satisfactory to it that payments may not be made under this Article XIIXIV. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIV with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days one Business Day prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XIITen. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Subject to the provisions of the TIA, the Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Ten with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII12. The CompanyIssuer, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness lender under Revolver Obligations may give the such notice; provided, however, that, if an issue of Senior Indebtedness a lender under Revolver Obligations has a Representative, only the Representative may give the such notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness be a lender under Revolver Obligations with the same rights it would have if it were not Trustee. The Registrar Registrar, the Paying Agent and any paying agent the Collateral Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 12 with respect to any Senior Indebtedness lender under Revolver Obligations which may at any time be held by it, to the same extent as any other holder of Senior Indebtednesslender under such Revolver Obligations; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice in writing satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it the Trustee that payments may not be made under this Article XIITen. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Ten with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0316.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII16. The Company, the Note Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Note Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 16 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 16 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee an Officer receives notice satisfactory to it that payments may not be made under this Article XIIXIV. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIV with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days one Business Day prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7. Each Paying Agent shall have the same rights and obligations under this Article X as does the Trustee.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIXIV. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIV with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The CompanyPartnership, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it specifically stating that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XII11. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 11 with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Debentures and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; Debt, and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities any Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII12. The Company, the Registrarrelevant Guarantor, any paying agentthe Registrar or co-registrar, the Paying Agent, a Representative or a holder of Senior Indebtedness may give of the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative relevant Guarantor may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not the Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 12 with respect to any Senior Indebtedness of any Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence 66 of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Officer receives notice satisfactory to it that payments may not be made under this Article XIIXIV. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIV with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.034.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days five Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIFour. The CompanyIssuer, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Issuer may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Issuer has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Issuer with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Four with respect to any Senior Indebtedness of the Issuer which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Four shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section Sections 12.02 and 12.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives written notice satisfactory to it that payments may not be made under this Article XII. The CompanyPartnership, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII11. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 11 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.07.

Rights of Trustee and Paying Agent. Notwithstanding Section Sections 12.02 and 12.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it the Trustee that payments may not be made under this Article XIIEleven. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Eleven with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Eleven shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XII. The CompanyPartnership, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0313.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII13. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 13 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 6 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 13 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrarregistrar, any if any, the paying agent, a Representative or a holder of Designated Senior Indebtedness may give the such notice; provided, however, that, if an issue of Designated Senior Indebtedness has a Representative, only the Representative may give the such notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and and, nothing in Article VII V shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.065.6.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0316.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII16. The Company, the Note Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Note Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 16 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 16 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.06 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article 12 or any other provision of this Indenture, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not (a) be deemed to be a fiduciary for any holder of Senior Debt or (b) be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent (other than Consoltex Group and its Subsidiaries) may continue to make payments on the Notes, without limiting the rights and remedies of holders of Senior Debt hereunder (including, without limitation, the right to recover any such payments unlessfrom Holders), not less than two business days unless the Trustee shall have received at the Corporate Trust Office of the Trustee at least five Business Days prior to the date of such payment, a responsible officer written notice of facts that would cause the Trustee receives notice satisfactory payment of any Obligations with respect to it that payments may not be made under the Notes to violate this Article XII12. The Company, Only the Registrar, any paying agentIssuers, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt that has a Representative, only the no Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to impair the claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 hereof. The Trustee in its individual or any other capacity may hold Senior with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XII12. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; providedPROVIDED, howeverHOWEVER, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 12 with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt any Series of Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XII11. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 11 with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Sections 10.02 and 10.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The CompanyIssuers, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not the Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all of the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.this

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Debentures and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XIIArticle. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative representative or a holder of Senior Indebtedness may give the such notice; provided, however, that, 42 49 if the holders of an issue of Senior Indebtedness has of the Company have a Representativerepresentative, only the Representative representative may give the such notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; , and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The CompanyIssuers, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give Debt of the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative Issuers may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt of the Issuers with the same rights it would have if it were not Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness Debt of the Issuers which may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any such Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0317.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives written notice satisfactory to it that payments may not be made under this Article XIISeventeen. The CompanyCorporation, the Security Registrar, any paying agent, a Representative or a holder of Designated Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Seventeen with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Seventeen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article 11 or any other provision of this Indenture, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of any facts that would prohibit the making of any such payment or distribution by the Trustee (other than pursuant to Section 11.04), and the Trustee may continue to make payments unlesson the Securities, not less than unless a Responsible Officer shall have received at least two business days prior to the date of such payment, payment or distribution written notice of facts that would cause such payment or distribution with respect to the Securities to violate this Article 11. Only the Company or a responsible officer Representative of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness Holders may give the notice; provided. Nothing in this Article 11 shall impair the claims of, howeveror payments to, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticeTrustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent Any Agent may do the same with like rights. The Trustee Trustee, the Conversion Agent or any Authenticating Agent in its individual capacity shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; , and nothing in Article VII this Indenture shall deprive the Trustee Trustee, Conversion Agent or any Authenticating Agent of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it the Trustee that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, -------- however, that, if an issue of Senior Indebtedness has a ------- Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent coregistrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments 80 may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the noticenotice on behalf of the holders of such Senior Indebtedness. The Trustee in its individual or any other capacity capa city may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it the Trustee that payments may not be made under this Article XIIAricle XIV. The CompanyPartnership, the Security Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Security Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Aricle XIV with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Aricle XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.deprive

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, an Officer, or a responsible officer Responsible Officer of the Trustee, if the Trustee is serving as Paying Agent, receives written notice satisfactory to it that payments may not be made under this Article XIIXIV. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIV with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any such Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0316.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII16. The Company, the Note Registrar, any paying agentthe Paying Agent, the Administrative Agent, a Representative of the Lenders and the Counterparties or a holder of Senior Indebtedness may give any such Lender or counterparty (as identified by the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative Company) may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness be a Lender or a Counterparty with the same rights it would have if it were not Trustee. The Note Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 16 with respect to any the Senior Indebtedness Credit Facility and the Hedging Obligations which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessLender or Counterparty; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 16 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.06 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article 12 or any other provision of this Indenture, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not (a) be deemed to be a fiduciary for any holder of Senior Debt or (b) be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and the Paying Agent (other than Consoltex Group and its Subsidiaries) may continue to make payments on the Notes, without limiting the rights and remedies of holders of Senior Debt hereunder (including, without limitation, the right to recover any such payments unlessfrom Holders), not less than two business days unless the Trustee shall have received at the Corporate Trust Office of the Trustee at least five Business Days prior to the date of such payment, a responsible officer written notice of facts that would cause the Trustee receives notice satisfactory payment of any Obligations with respect to it that payments may not be made under the Notes to violate this Article XII12. The Company, Only the Registrar, any paying agentIssuers, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt that has a Representative, only the no Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to impair the claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 hereof. The Trustee in its individual or any other capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent the Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII12. The CompanyHoldings, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may of Holdings give the notice; provided, however, that, that if an issue of Senior Indebtedness of Holdings has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of Holdings with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 12 with respect to any Senior Indebtedness of Holdings which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of Holdings; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.031403, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XIIFourteen. The Company, the RegistrarNote Registrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Note Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Fourteen with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII Six shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06607.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representativerepresentative, only the Representative representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.. 75

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days one Business Day prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XIITen. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Ten with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.7.07. 77

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0312.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it specifically stating that payments may not be made under this Article XII. The CompanyEach Guarantor, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Guarantor Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Guarantor Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.031403, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIFourteen. The Company, the Registrar, any paying agent, a Representative payment agent or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Fourteen with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII Six shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06607.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice in writing satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a 103 holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the The Trustee or and/or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days three Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives written notice satisfactory to it the Trustee that payments may not be made under this Article XIIXIV. The Company, the Registrara Representative, any paying agent, a Representative or a holder Holder of Senior Indebtedness Debt of the Company may give the notice; provided, however, that, if an issue of such Senior Indebtedness Debt has a Representative, only the Representative may give the noticenotice on behalf of the Holders of such Senior Debt of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt of the Company with the same rights it would have if it were not Trustee. The Security Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIV with respect to any such Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06607.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice in writing satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Sections 10.02 and 10.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not the Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all of the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.in

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding ----------------------------------- Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, -------- however, that, if an issue of Senior Indebtedness of the Company has a ------- Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Security Registrar or co-Security Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the noticenotice on behalf of such holders; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Security Registrar and any paying agent co-Security Registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 6 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. 86 78 The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.031702 and Section 1703, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XIISeventeen. The CompanyIssuers, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Seventeen with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII Six shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Seventeen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06607.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII10. The CompanyIssuers, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Issuers may give the notice; provided, however, that, if an issue of Senior Indebtedness of either Issuer has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Issuers with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Issuers which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0313.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIXIII. The CompanyIssuers, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days three Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice in writing satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.7.7. 108

Rights of Trustee and Paying Agent. Notwithstanding Section 12.031303, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XIIXIII. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIII with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06607.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0313.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIXIV. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Company Guarantee or any Subsidiary Guarantee and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives written notice satisfactory to it that payments may not be made under this Article XII. The Issuer, the Company, the Registrarrelevant Subsidiary Guarantor, any paying agentthe Registrar or co-registrar, the Paying Agent, a Representative or a holder of Senior Indebtedness of the Company or any Subsidiary Guarantor may give the notice; providedPROVIDED, howeverHOWEVER, that, if an issue of Senior Indebtedness of the Company or any Subsidiary Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company or any Subsidiary Guarantor with the same rights it would have if it were not the Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness of the Company or any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the any Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice in writing satisfactory to it that payments may not be made under this Article XII. X. The CompanyIssuer, the RegistrarParent, any paying agentthe Registrar or co-registrar, the Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding ---------------------------------- Section 12.0313.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIXIII. The CompanyIssuers, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0316.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII16. The Company, the Note Registrar, any the paying agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Note Registrar and any the paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 16 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 16 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.06 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0315.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII15. The Company, the Note Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Note Registrar and any paying agent the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 15 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 15 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.06 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section ---------------------------------- 12.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days five Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XII11. The CompanySFC, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 11 with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0313.02 and Section 13.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIXIII. The CompanyPartnership, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities any Acquired Subsidiary Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives written notice satisfactory to it that payments may not be made under this Article XII11. The Company, the Registrarrelevant Acquired Subsidiary Guarantor, any paying agentthe Registrar or co-registrar, a the Paying Agent, the Representative or a holder of Designated Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative Debt may give the notice. The Trustee in its individual or any other capacity may hold Designated Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 11 with respect to any Designated Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of Designated Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The CompanyIssuers, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.. 92 85

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days one Business Day prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XIITen. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Obligations may give the notice; provided, however, that, if an issue of Senior Indebtedness Obligations has a Representative, only the Representative may give the notice. The Subject to the provisions of the TIA, the Trustee in its individual or any other capacity may hold Senior Indebtedness Obligations with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Ten with respect to any Senior Indebtedness which Obligations that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessObligations; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent applicable Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days one Business Day prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XIITen. The Company, the Registrarapplicable Registrar or co-registrar, any paying agentthe applicable Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Subject to the provisions of the TIA, the Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The applicable Registrar and any paying agent co-registrar and the applicable Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Ten with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.5, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative Debt may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness Debt of the Company which may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Sections 10.02 and 10.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The CompanyPartnership, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.this

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; Debt, and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee an Officer receives notice satisfactory to it that payments may not be made under this Article XIIArticle. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any such Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the 99 90 Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0312.3 hereof, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it him that payments may not be made under this Article XII. The CompanyIssuers, the Registrar, any paying agentthe Paying Agent, or a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of the Issuers with the same rights it would have if it were not Trustee. The Registrar and any paying agent may the Paying Agent shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness of the Issuers which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0316.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two business days Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII16. The Company, the Note Registrar, any the paying agent, the Administrative Agent, a Representative of the Lenders and the Counterparties or a holder of Senior Indebtedness may give any such Lender or counterparty (as identified by the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative Company) may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness be a Lender or a Counterparty with the same rights it would have if it were not Trustee. The Note Registrar and any the paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 16 with respect to any Senior Indebtedness the Bank Credit Facility and the Hedging Obligations which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessLender or Counterparty; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 16 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.06 or any other Section of this Indenture.