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

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two Business Days prior to the date of such payment written notice that the payment of any Obligations with respect to the Notes would violate this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05. Only the Company or a Representative may give such notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless a Responsible Trust Officer of the Trustee shall have received at its the Corporate Trust Office at least two one Business Days Day prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10 (although the receipt of such payment shall otherwise be subject to the applicable provisions of this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05). Only the Company or a Representative may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee in its capacity as such under or pursuant to Section 7.07 7.07. Nothing in this Section 10.11 is intended to or shall relieve any Holder of Notes from the obligations imposed under Section 10.05 with respect to other distributions received in violation of the provisions hereof. 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment or distribution to or by the Trustee, unless and until a Responsible Officer shall have received at the Corporate Trust Office of the Trustee and no later than three (3) Business Days prior to such payment or distribution, written notice thereof from the Paying Agent may continue Company or from one or more holders of Designated Senior Debt and, prior to make payments on the Notesreceipt of any such written notice, unless the Trustee shall be entitled in all respects conclusively to presume that no such fact exists. Unless a Responsible Officer of the Trustee shall have received at its Corporate Trust Office at least two Business Days prior the notice provided for in the preceding sentence, the Trustee shall have full power and authority to receive such payment and to apply the same for the purpose for which it was received, and shall not be affected by any notice to the date of contrary which may be received by it on or after such payment written notice that the payment of any Obligations with respect to the Notes would violate this Article 10, provided, however, that this Section 10.11 date. The foregoing shall not limit or modify the rights of holders of Indebtedness apply to any Affiliate of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05. Only the Company or a Representative may give such noticeacting as Paying Agent. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section Sections 6.06 and 7.07 hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 any Paying Agent may continue to make payments on the NotesSecurities, unless the Trustee shall have received at its the Corporate Trust Office of the Trustee at least two five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would Securities to violate this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights otherwise has actual knowledge of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05facts. Only the Company or a Representative may give such the notice. A Payment Blockage Notice may be given only by a Representative of holders of Designated Senior Debt or by a holder of designated Senior Debt for which there is no Representative. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two five Business Days prior to the date of such payment written notice from the Company or any representative of the holders of any Senior Debt of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05. Only the Company or a Representative may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. Nothing in this Section 10.12 is intended to or shall relieve any Holder of Notes from the obligations imposed under Section 10.06 with respect to other distributions received in violation of the provisions hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two Business Days prior to the date of such payment written notice that the payment of any Obligations with respect to the Notes would violate this Article 10, provided, however, provided that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company Senior Debt to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05. Only the Company or a Representative may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two one Business Days Day prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10 (although the receipt of such payment shall otherwise be subject to the applicable provisions of this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05). Only the Company or a Representative may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee in its capacity as such under or pursuant to Section 7.07 7.07. Nothing in this Section 10.11 is intended to or shall relieve any Holder of Notes from the obligations imposed under Section 10.05 with respect to other distributions received in violation of the provisions hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 XI or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two one Business Days Day prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10, provided, however, that XI (although the receipt of such payment shall otherwise be subject to the applicable provisions of this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05Article XI). Only the Company Company, a holder of Senior Indebtedness, or a Representative representative of such holder may give such the notice. Nothing in this Article 10 XI shall impair the claims of, or payments to, the Trustee in its capacity as such under or pursuant to Section 7.07 7.07. Nothing in this Section 11.10 is intended to or shall relieve any Holder of Notes from the obligations imposed under Sections 11.02 or 11.03 with respect to distributions received (whether from the Trustee or otherwise) in violation of the provisions hereof. 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10 (although the receipt of such payment shall otherwise be subject to the applicable provisions of this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05). Only the Company or a Representative may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee in its capacity as such under or pursuant to Section 7.07 hereof. Nothing in this Section 10.12 is intended to or shall relieve any Holder of Notes from the obligations imposed under Section 10.06 hereof with respect to other distributions received in violation of the provisions hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 9 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, or the taking of any action by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.059. Only the Company or a Representative or a holder of Senior Debt that has no Representative may give such the notice. Nothing in this Article 10 9 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. Nothing in this Section 9.11 is intended to or shall relieve any Holder from the obligations imposed under Section 9.05 hereof with respect to monies or other distributions received in violation of the provisions hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 The Company shall give prompt written notice to the provisions Trustee of any fact known to the Company that would prohibit the making of any payment to or by the Trustee in respect of the Securities, but failure to give such notice shall not affect the subordination of the Securities to the Senior Indebtedness provided in this Article 10 X and shall not result in any default or any other provision event of default under this IndentureIndenture or the Securities. Notwithstanding Section 10.3, the Trustee or Paying Agent may continue to pay the Securities and shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trusteesuch payments unless, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least not less than two Business Days prior to the date of any such payment payment, a Trust Officer of the Trustee receives written notice satisfactory to it that the payment of any Obligations with respect to the Notes would violate payments may not be made under this Article 10X. The Company, the Registrar or co-registrar, the Paying Agent, a Representative or a holder of Senior Indebtedness or Guarantor Senior Indebtedness may give the notice; provided, however, that this Section 10.11 shall not limit that, if an issue of Senior Indebtedness or modify Guarantor Senior Indebtedness has a Representative, only the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05. Only the Company or a Representative may give such the notice. Nothing in this Section 10.9 is intended to or shall relieve any Securityholder from the obligations imposed under this Article 10 shall impair the claims of, X with respect to monies or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee other distributions received in its individual or any other capacity may hold Indebtedness violation of the Company with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.provisions 66

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would Note Guarantee to violate this Article 10Article. Only a Guarantor, providedthe holder of any Senior Indebtedness of such Guarantor, however, that this Section 10.11 shall not limit or modify the rights Representative of holders of Senior Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05. Only the Company or a Representative Guarantor may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The With respect to any Guarantor, the Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company such Guarantor 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 the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless a Responsible Trust Officer of the Trustee shall have received at its the Corporate Trust Office at least two one Business Days Day prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10 (although the receipt of such payment shall otherwise be subject to the applicable provisions of this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05). Only the Company or a Representative may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee in its capacity as such under or pursuant to Section 7.07 7.07. Nothing in this Section 10.13 is intended to or shall relieve any Holder of Notes from the obligations imposed under Sections 10.02(c) and 10.03 (c) with respect to other distributions received in violation of the provisions hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.. 102 -96-

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, or the taking of any action by the Trustee, and the Trustee and the Paying Agent may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05. Only the Company or a Representative or a holder of Senior Debt that has no Representative may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. Nothing in this Section 10.11 is intended to or shall relieve any Holder from the obligations imposed under Section 10.05 hereof with respect to monies or other distributions received in violation of the provisions hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights. SECTION 10.12.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10, provided, however, ; provided that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company Senior Debt to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05. Only the Company or a Representative may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 XI or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05XI. Only the Company or a Representative may give such the notice. Nothing in this Article 10 XI shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof7.7. The Trustee in its individual or any other capacity may hold Indebtedness of the Company Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights. The Trustee shall not be responsible for any costs, expenses, damages or other liabilities arising (directly or indirectly) as a result of (i) any filing of a claim or proof of debt by holders of Designated Senior Indebtedness (or their Representative) or (ii) any right of holders of Designated Senior Indebtedness (or their Representative) to file any such claim or proof of debt, in any such case in accordance with the second paragraph of Section 11.12.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10 (although the receipt of such payment shall otherwise be subject to the applicable provisions of this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05). Only the Company or a Representative may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. Nothing in this Section 10.12 is intended to or shall relieve any Holder of Notes from the obligations imposed under Section 10.06 with respect to other distributions received in violation of the provisions hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10 (although the receipt of such payment shall otherwise be subject to the applicable provisions of this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05). Only the Company Issuers or a Representative may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee in its capacity as such under or pursuant to Section 7.07 7.07. Nothing in this Section 10.11 is intended to or shall relieve any Holder of Notes from the obligations imposed under Section 10.05 with respect to other distributions received in violation of the provisions hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05Article. Only the Company Company, Holdings, the agent under the New Credit Facility or a Representative (if all Obligations under the New Credit Facility have been paid in full in cash and all commitments thereunder terminated as provided in Section 10.03 hereof) the holders of any other designated Senior Indebtedness may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two one Business Days Day prior to the date of such payment written notice from the Company or a transaction of facts that would cause the payment of any Obligations with respect to the Notes would to violate this Article 10Article, provided, however, that this which notice shall specifically refer to Section 10.11 shall not limit 10.3 or modify 10.4 hereof. The Trustee may withhold payment and distributions hereunder without inquiry as to the rights authority of holders of Indebtedness of the Company any Person claiming to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05. Only the Company or be a Representative may give or whether any obligation described in such noticenotice is Senior Indebtedness. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 hereof. 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two Business Days prior to the date of such payment written notice that the payment of any Obligations with respect to the Notes would violate this Article 10, provided, however, PROVIDED that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company Senior Debt to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05. Only the Company or a Representative may give such the notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 12 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the NotesNotes or the Subsidiary Guarantees, unless the Trustee shall have received at its Corporate Trust Office at least two three Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would or the Subsidiary Guarantees to violate this Article, which notice shall specifically refer to this Article 1012 (provided that, providednotwithstanding the foregoing, however, that this Section 10.11 shall not limit or modify the rights making of holders of Indebtedness of the Company to recover any such payments from shall otherwise be subject to the Holders provisions of the Notes pursuant to Sections 10.0212.02, 10.03 and/or 10.0512.03 and 12.05 hereof). Only the Company Company, the Subsidiary Guarantors or a Representative may give such the notice. Nothing in this Article 10 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Indebtedness Senior Debt of the Company Subsidiary Guarantors 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 the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its Corporate Trust Office at least two Business Days prior to the date of such payment written notice that the payment of any Obligations with respect to the Notes would violate this Article 10, provided, however, PROVIDED that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company Senior Debt to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05. Only the Company or a Representative may give such notice. Nothing in this Article 10 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other capacity may hold Indebtedness of the Company 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 the provisions of this Article 10 Ten or any other provision of this Indenture, the Trustee shall not 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 may continue to make payments on the Notes, unless the Trustee shall have received at its the Corporate Trust Office of the Trustee at least two five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Notes would Subordinated Debt to violate this Article 10, provided, however, that this Section 10.11 shall not limit or modify the rights of holders of Indebtedness of the Company to recover any such payments from the Holders of the Notes pursuant to Sections 10.02, 10.03 and/or 10.05Ten. Only the Company or the holders of Designated Senior Debt or a Representative therefor may give such the notice. Nothing in this Article 10 Ten shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. Nothing in this Section 10.11 is intended to or shall relieve any holder of Subordinated Debt from the obligations imposed under this Article Ten with respect to money or other distributions received in violation of the provisions of this Article Ten. The Trustee in its individual or any other capacity may hold Indebtedness of the Company Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.