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

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 Preferred LP Units but for the provisions hereof) until the Series 9 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 13 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 13 Preferred LP Units but for the provisions hereof) until the Series 9 13 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 13 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 13 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 13 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 7 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 7 Preferred LP Units but for the provisions hereof) until the Series 9 7 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 7 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 7 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 7 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 Preferred LP Units 6 Shares shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 Preferred LP Units 6 Shares but for the provisions hereof) until the Series 9 Preferred LP Unit 6 Share Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 Preferred LP Units 6 Shares of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 Preferred LP Units6 Shares, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 Preferred LP Units6 Shares, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 15 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 15 Preferred LP Units but for the provisions hereof) until the Series 9 15 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 15 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 15 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 15 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 Preferred LP Units 3 Shares shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 Preferred LP Units 3 Shares but for the provisions hereof) until the Series 9 Preferred LP Unit 3 Share Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 Preferred LP Units 3 Shares of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 Preferred LP Units3 Shares, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 Preferred LP Units3 Shares, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 16 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 16 Preferred LP Units but for the provisions hereof) until the Series 9 16 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 16 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 16 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 16 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 11 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 11 Preferred LP Units but for the provisions hereof) until the Series 9 11 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 11 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 11 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 11 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 18 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 18 Preferred LP Units but for the provisions hereof) until the Series 9 18 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 18 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 18 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 18 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 Preferred LP Units 5 Shares shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 Preferred LP Units 5 Shares but for the provisions hereof) until the Series 9 Preferred LP Unit 5 Share Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 Preferred LP Units 5 Shares of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 Preferred LP Units5 Shares, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 Preferred LP Units5 Shares, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a GuarantorIndebtedness, and until the Series 8-3/4% Notes are paid in full, the Holders of the Series 9 Preferred LP Units 8-3/4% Notes shall be subrogated (equally and ratably with the holders of all indebtedness of the Company which by its express terms is subordinated to indebtedness of the Company to substantially the same extent as the Series 8-3/4% Notes are subordinated and is entitled to like rights of subrogation) to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] such Senior Indebtedness to receive payments and distributions of cash, property and securities applicable to the Senior Indebtedness to the extent that payments and distributions otherwise payable to Holders of Series 8-3/4% Notes have been applied to the payment of Senior Indebtedness as provided by this Article V. For purposes of such subrogation, no payments or distributions to the holders of the Senior Indebtedness of such Guarantor any cash, property or securities to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 Preferred LP Units but 8-3/4% Notes or the Trustee would be entitled, except for the provisions hereof) until the Series 9 Preferred LP Unit Obligations shall be paid in fullof this Article V, and no such payments over pursuant to the provisions of this Article V to the holders of Senior Indebtedness by Holders of the Series 8-3/4% Notes or distributions to the Trustee, shall, as among the Company, its creditors other than holders of Senior Indebtedness and the Holders of the Series 9 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 Preferred LP Units8-3/4% Notes, be deemed to be a payment or distribution by such Guarantor the Company to the holders of such Senior Indebtedness or on account of such the Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 Preferred LP Units 2 Shares shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 Preferred LP Units 2 Shares but for the provisions hereof) until the Series 9 Preferred LP Unit 2 Share Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 Preferred LP Units 2 Shares of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 Preferred LP Units2 Shares, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 Preferred LP Units2 Shares, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 5 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 5 Preferred LP Units but for the provisions hereof) until the Series 9 5 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 5 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 5 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 5 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 Preferred LP Units 1 Shares shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 Preferred LP Units 1 Shares but for the provisions hereof) until the Series 9 Preferred LP Unit 1 Share Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 Preferred LP Units 1 Shares of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 Preferred LP Units1 Shares, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 Preferred LP Units1 Shares, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 14 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 14 Preferred LP Units but for the provisions hereof) until the Series 9 14 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 14 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 14 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 14 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 Preferred LP Units 4 Shares shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 Preferred LP Units 4 Shares but for the provisions hereof) until the Series 9 Preferred LP Unit 4 Share Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 Preferred LP Units 4 Shares of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 Preferred LP Units4 Shares, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 Preferred LP Units4 Shares, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 8 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 8 Preferred LP Units but for the provisions hereof) until the Series 9 8 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 8 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 8 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 8 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 12 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 12 Preferred LP Units but for the provisions hereof) until the Series 9 12 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 12 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 12 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 12 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.

Subrogation to Rights of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness of a Guarantor, the Holders of the Series 9 10 Preferred LP Units shall be subrogated to the rights of the holders of [GUARANTEE INDENTURE FOR SERIES 9 PREFERRED LP UNITS] Senior Indebtedness of such Guarantor to receive payments or distributions of assets of such Guarantor (to the extent of the application thereto of such payments or other assets which would have been received by the Holders of the Series 9 10 Preferred LP Units but for the provisions hereof) until the Series 9 10 Preferred LP Unit Obligations shall be paid in full, and no such payments or distributions to the Holders of the Series 9 10 Preferred LP Units of cash, property or securities, which otherwise would be payable or distributable to the holders of such Senior Indebtedness, shall, as between such Guarantor, its creditors (other than the holders of Senior Indebtedness), and the Holders of Series 9 10 Preferred LP Units, be deemed to be a payment by such Guarantor to the holders of such Senior Indebtedness or on account of such Senior Indebtedness, it being understood that the provisions of this Article 3 are and are intended solely for the purpose of defining the relative rights of the Holders of the Series 9 10 Preferred LP Units, on the one hand, and the holders of Senior Indebtedness of such Guarantor, on the other hand.