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

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 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 an authorized Officer of the Trustee shall have received at its office at least two Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on the Notes to violate this Article XI. Only the Company or the Representative may give the notice. Nothing in this Article XI shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 hereof. 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article XI 13 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 and the Note Guarantees, unless an authorized Officer of the Trustee shall have received at its office Corporate Trust Office at least two one Business Days Day prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on Obligations with respect to the Notes or Note Guarantees to violate this Article XI13. Only the Company or the a Representative may give the notice. Nothing in this Article XI 13 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 7.06 hereof. The Trustee in its individual or any other capacity may hold Designated Senior Indebtedness Debt with the same rights it they 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 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 TrusteeTrustee (other than pursuant to Section 11.04), and the Trustee and the Paying Agent may continue to make payments on the Convertible Subordinated Notes, unless an authorized a Trust Officer of the Trustee shall have received at its office at least two Business Days prior to the due date of such payment or distribution written notice of facts that would cause such payment or distribution with respect to the payment of any principal, premium and interest on the Convertible Subordinated Notes to violate this Article XI. Only the Company or the a Representative may give the notice. Nothing in this Article XI shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article XI IX 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 an authorized Officer of the Trustee shall have received at its office Corporate Trust Office at least two Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on Obligations or any Claim with respect to the Notes to violate this Article XIArticle. Only the Company or the a Representative may give the notice. Nothing in this Article XI IX shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 6.07 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 the Trustee. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article XI X 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 an authorized a Responsible Officer of the Trustee shall have received at its office Corporate Trust Office at least two five Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on Obligations with respect to the Notes to violate this Article XI. X. Only the Company or a Representative of the Representative holders of any Designated Senior Debt may give the notice. Nothing in this Article XI X shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article XI 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 Notes, unless an authorized Officer of the Trustee shall have received at its office Corporate Trust Office at least two Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on Obligations or any Claim with respect to the Notes to violate this Article XIArticle. Only the Company or the a Representative may give the notice. Nothing in this Article XI 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 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 the Trustee. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article XI XII 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 an authorized Officer of the Trustee shall have received at its office at least two Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on the Notes to violate this Article XIXII. Only the Company or the a Representative may give the notice. Nothing in this Article XI XII shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 hereof. 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article XI 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 NotesSecurities, unless an authorized Officer of the Trustee shall have received at its office Corporate Trust Office at least two five Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on Obligations with respect to the Notes Securities to violate this Article XI12. Only the Company or the a Representative may give the notice. Nothing in this Article XI 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 6.07 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness and Senior Subordinated 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 XI X 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 an authorized a Responsible Officer of the Trustee shall have received at its office Corporate Trust Office at least two five Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on Obligations with respect to the Notes to violate this Article XI. X. Only the Company or a Representative of the Representative holders of any Designated Senior Debt may give the notice. Nothing in this Article XI X shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 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. Any Agent may do the same with like rights.. 84

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 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 an authorized Officer of the Trustee shall have received at its office at least two Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on the Notes to violate this Article XI. Only the Company or the a Representative may give the notice. Nothing in this Article XI shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 hereof. 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. 72 Notwithstanding the provisions of this Article XI 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 Guarantees, unless an authorized Officer of the Trustee shall have received at its office Corporate Trust Office at least two Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on Obligations with respect to the Notes to Guarantees would violate this Article XI12. Only the Company Guarantors or the a Representative may give the notice. Nothing in this Article XI 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 7.07 hereof. The Trustee in its individual or any other capacity may hold Guarantor Senior Indebtedness 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 XI 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 Notes, unless an authorized a Responsible Officer of the Trustee shall have received at its office Corporate Trust Office at least two three Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on Obligations with respect to the Notes to violate this Article XIArticle. Only the Company Issuers or the a Representative may give the notice. Nothing in this Article XI 12 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article XI Ten or any other provision of this IndentureAgreement, 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 an authorized Officer of the Trustee shall have received at its office Corporate Trust Office at least two five Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on Obligations with respect to the Notes to violate this Article XITen. Only the Company or the Representative a Repre- sentative may give the notice. Nothing in this Article XI Ten shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article XI 11 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 NotesSecurities, unless an authorized Officer of the Trustee shall have received at its office Corporate Trust Office at least two three Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on Obligations with respect to the Notes Securities to violate this Article, which notice shall specifically refer to this Article XI11. Only the Company or the a Representative may give the notice. Nothing in this Article XI 11 shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 hereof. 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article XI XII 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 an authorized Officer of the Trustee shall have received at its office at least two Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium premium, interest and interest on Liquidated Damages, if any, with respect to the Notes to violate this Article XIXII. Only the Company or the a Representative may give the notice. Nothing in this Article XI XII shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 hereof. 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. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Article 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 an authorized Officer of the Trustee shall have received at its office Corporate Trust Office at least two five Business Days prior to the due date of such payment written notice of facts that would cause the payment of any principal, premium and interest on Obligations with respect to the Notes to violate this Article XI. Only the Company or the a Representative may give the notice. Nothing in this Article XI shall impair the claims of, or payments to, the Trustee under or pursuant to Section 7.7 or any other section 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. Any The Paying Agent and the Registrar may do the same with like rights.