Common use of Securityholders Authorize Trustee to Effectuate Subordination of Securities Clause in Contracts

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by its acceptance of them authorizes and expressly directs the Trustee on its behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, the subordination provided in this Article Ten, and appoints the Trustee its attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets of the Company, the filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets creditors of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by its acceptance of them Securities authorizes and expressly directs the Trustee on its behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided in this Article Ten, 9 and to protect the rights of the Holders pursuant to this Indenture and appoints the Trustee its attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of credits creditors or any other similar remedy or otherwise) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedingssaid proceedings and causing said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative Indebtedness are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders Holders. In the event of said Securities. Nothing herein contained shall be deemed to authorize any such proceeding, until the Trustee Senior Indebtedness is paid in full in accordance with Section 9.3 (or adequate provision made for such payment), without the consent of the holders of a majority in aggregate principal amount outstanding of Senior Debt Indebtedness, no Holder shall waive, settle or their Representative compromise any such claim or claims relating to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities that such Holder now or hereafter may have against the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceedingCompany.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his or her acceptance of them thereof authorizes and expressly directs the Trustee on its his or her behalf to take such action in accordance with the terms of this Indenture as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article Ten10 and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his or her attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or any reorganization of or similar preceding with respect to the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwiseany other marshalling of assets and liabilities of the Company) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of its his or her Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative respective representatives are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative respective representatives to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative respective representatives to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenX and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company or any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of assets and liabilities of the business and assets of the CompanyCompany or any Guarantor), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXI and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of the business assets and assets liabilities of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenFifteen and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets creditors of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities Securityholder by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXI and to protect the rights of the Securityholders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of the business assets and assets liabilities of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Secured Portfolio Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said SecuritiesSecurityholders. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Secured Portfolio Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder Securityholder thereof, or to authorize the Trustee or the holders of Senior Secured Portfolio Debt or their Representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his or her acceptance of them thereof authorizes and expressly directs the Trustee on its his or her behalf to take such action in accordance with the terms of this Indenture as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article Ten11 and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his or her attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or any reorganization of or similar preceding with respect to the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwiseany other marshalling of assets and liabilities of the Company) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of its his or her Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative respective representatives are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative respective representatives to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative respective representatives to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXIII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company or any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of assets and liabilities of the business and assets of the CompanyCompany or any Guarantor), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by its acceptance of them authorizes and expressly directs the Trustee on its behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, the subordination provided in this Article Ten, and appoints the Trustee its attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Company Issuers (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation of the business and and/or assets of the CompanyIssuers, the filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by its acceptance of them authorizes and expressly directs the Trustee on its behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of SecuritiesHolders, the subordination provided in this Article Ten, and appoints the Trustee its attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Company Issuer (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets of the CompanyIssuer, the filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by its acceptance of them authorizes and expressly directs the Trustee on its behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, the subordination provided in this Article TenX, and appoints the Trustee its attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation of the business and and/or assets of the Company, the filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by its acceptance of them such Security authorizes and expressly directs the Trustee on its such Holder's behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, the subordination provided in this Article Ten, and appoints the Trustee its such Holder's attorney-in-fact to act for and on behalf of each such Holder of Securities for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Company Issuer (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation of the business and assets of the CompanyIssuer, the filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article Ten12 and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of the business assets and assets liabilities of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenX and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets creditors of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company or any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of assets and liabilities of the business and assets of the CompanyCompany or any Guarantor), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If In the event of any liquidation or reorganization of the Company or any Guarantor in bankruptcy, insolvency, receivership or similar proceeding, if the Holders of the Securities (or the Trustee does on their behalf) have not file a proper claim or filed any claim, proof of debt claim, or other instrument of similar character necessary to enforce the obligations of the Company or any Guarantor in respect of the form required in such proceeding prior to 30 Securities at least thirty (30) days before the expiration of the time to file such claim or claimsthe same, then in such event, but only in such event, the holders of the Designated Senior Debt or a representative on their Representative are behalf may, as an attorney-in-fact for such Holders, file any claim, proof of claim, or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and other instrument of similar character on behalf of the Holders of said Securitiessuch Holders. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company Issuers or any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of assets and liabilities of the business Issuers and assets of the Company, Guarantors) the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenX and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company or any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of assets and liabilities of the business and assets of the CompanyCompany or any Guarantor), the 100 immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action in accordance with the terms of this Supplemental Indenture as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenIV and to protect the rights of the Holders pursuant to this Supplemental Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwiseany other marshalling of assets and liabilities of such Guarantor) tending towards liquidation of the business and assets of the Companysuch Guarantor, the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation liquida- tion or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets creditors of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action in accordance with the terms of this Supplemental Indenture as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenThree and to protect the rights of the Holders pursuant to this Supplemental Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwiseany other marshalling of assets and liabilities of such Guarantor) tending towards liquidation of the business and assets of the Companysuch Guarantor, the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article Ten11 and to protect the rights of the Holders pursuant to this Supplement, and appoints the Trustee its attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets creditors of the Company), the making of a timely filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets creditors of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by its acceptance of them authorizes and expressly directs the Trustee on its behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, the subordination provided in this Article Ten, and appoints the Trustee its attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation of the business and and/or assets of the Company, the filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company Issuer or any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of assets and liabilities of the business Issuer and assets of the Company, Guarantors) the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his or her acceptance of them thereof authorizes and expressly directs the Trustee on its his or her behalf to take such action in accordance with the terms of this Indenture as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenTen and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his or her attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or any reorganization of or similar preceding with respect to the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwiseany other marshaling of assets and liabilities of the Company) tending towards liquidation of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of its his or her Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative respective representatives are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative respective representatives to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative respective representatives to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by its acceptance of them Securities authorizes and expressly directs the Trustee on its behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of SecuritiesHolders, the subordination provided in this -117- Article Ten, and appoints the Trustee its attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Company Issuer (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets of the CompanyIssuer, the filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action in accordance with the terms of this Indenture as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenTwelve and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwiseany other marshalling of assets and liabilities of the Company) tending towards liquidation of the business and assets of the Company, the 95 immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by its acceptance of them authorizes and expressly directs the Trustee on its behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, the subordination provided in this Article Ten, and appoints the Trustee its attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Company Issuer (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation of the business and and/or assets of the CompanyIssuer, the filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedings. -110- If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by its acceptance of them thereof authorizes and expressly directs the Trustee on its behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, the subordination provided in this Article Ten, and appoints the Trustee its attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Company an Issuer (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets of the Companyan Issuer, the filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their its Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders any holder of Senior Debt or their its Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Subordinated Debt Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company Issuers or any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of assets and liabilities of the business Issuers and assets of the CompanyGuarantors), if any, the immediate filing of a claim for the unpaid balance of its his Subordinated Debt Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Subordinated Debt Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Subordinated Debt Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article Ten11 and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets creditors of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXI and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets creditors of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company or any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of assets and liabilities of the business and assets of the CompanyCompany or any Guarantor), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and causing said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Subordinated Debt Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company Issuers or any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of assets and liabilities of the business Issuers and assets of the CompanyGuarantors, if any), the immediate filing of a claim for the unpaid balance of its his Subordinated Debt Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Subordinated Debt Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Subordinated Debt Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of Securities by its acceptance of them authorizes and expressly directs the Trustee on its behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, the subordination provided in this Article Ten, and appoints the Trustee its attorney-in-fact for such purposes, including, in the event of any dissolution, winding-up, liquidation liqui- dation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization or similar proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation of the business and and/or assets of the Company, the filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedings. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative to authorize or consent to or accept or adopt on behalf of any Holder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative to vote in respect of the claim of any Holder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effect the subordination provided provisions contained in this Article TenFour, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwiseany other marshalling of assets and liabilities of the Company) tending towards liquidation or reorganization of the business and assets of the Company, the immediate filing of a claim for the unpaid balance of its or his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then any of the holders of the Senior Debt Indebtedness or their Representative are or is hereby authorized to have the right to file and are or Representatives is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effect the subordination provided provisions contained in this Article TenX, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company Borrower (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwiseany other marshalling of assets and liabilities of the Borrower) tending towards liquidation or reorganization of the business and assets of the CompanyBorrower, the immediate filing of a claim for the unpaid balance of its or his Securities and accrued interest Other Obligations in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company or any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of assets and liabilities of the business Company and assets of the Company, Guarantors) the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of 117 Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets creditors of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate appro- priate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization reorganiza- tion of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets creditors of the Company), the making of a timely filing of a claim for the unpaid balance of its Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding proceed- ing prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized autho- rized to have the right to file and are or is hereby authorized autho- rized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition composi- tion affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXI and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation of the business and assets creditors of the Company), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the -52- 60 expiration of the time to file such claim or claims, then the holders of the Senior Debt Indebtedness or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt Indebtedness or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenIV pursuant to this Third Supplemental Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits or otherwise) tending towards liquidation creditors of the business and assets of the CompanyGuarantor), the immediate filing of a claim for the unpaid balance of its his Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Guarantor Senior Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Guarantor Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Guarantor Senior Debt or their Representative representative to vote in respect of the claim of any Holder Securityholder in any such proceeding.

Securityholders Authorize Trustee to Effectuate Subordination of Securities. Each Holder of the Subordinated Debt Securities by its his acceptance of them thereof authorizes and expressly directs the Trustee on its his behalf to take such action as may be necessary or appropriate to effectuate, as between the holders of Senior Debt and the Holders of Securities, effectuate the subordination provided provisions contained in this Article TenXII and to protect the rights of the Holders pursuant to this Indenture, and appoints the Trustee its his attorney-in-fact for such purposespurpose, including, in the event of any dissolution, winding-winding up, liquidation or reorganization of the Company Issuers or any Guarantor (whether in bankruptcy, insolvency, receivership, reorganization insolvency or similar receivership proceedings or upon an assignment for the benefit of credits creditors or otherwise) tending towards liquidation any other marshalling of assets and liabilities of the business Issuers and assets of the CompanyGuarantors, if any), the immediate filing of a claim for the unpaid balance of its his Subordinated Debt Securities and accrued interest in the form required in those proceedingssaid proceedings and cause said claim to be approved. If the Trustee does not file a proper claim or proof of debt in the form required in such proceeding prior to 30 days before the expiration of the time to file such claim or claims, then the holders of the Senior Debt or their Representative representative are or is hereby authorized to have the right to file and are or is hereby authorized to file an appropriate claim for and on behalf of the Holders of said Subordinated Debt Securities. Nothing herein contained shall be deemed to authorize the Trustee or the holders of Senior Debt or their Representative representative to authorize or consent to or accept or adopt on behalf of any Holder Securityholder any plan of reorganization, arrangement, adjustment or composition affecting the Subordinated Debt Securities or the rights of any Holder thereof, or to authorize the Trustee or the holders of Senior Debt or their Representative representative to 110 vote in respect of the claim of any Holder Securityholder in any such proceeding.