Common use of Voluntary Prepayments of Other Indebtedness Clause in Contracts

Voluntary Prepayments of Other Indebtedness. The Borrower shall not, and shall not permit any of its Material Subsidiaries to, make any voluntary prepayment, redemption, repurchase or other acquisition for value or retirement of any Indenture Indebtedness or Permitted Unsecured Indebtedness, except that, so long as no Default has occurred and is continuing or would be caused thereby, (a) the Borrower may prepay, redeem, repurchase or otherwise acquire for value or retire Indenture Indebtedness or Permitted Unsecured Indebtedness with the proceeds of additional common Equity Securities issued after the Effective Date, (b) the Borrower may prepay, redeem, repurchase or otherwise acquire for value or retire Indenture Indebtedness or Permitted Unsecured Indebtedness with the proceeds of additional Permitted Unsecured Indebtedness issued after the Effective Date, and (c) during the period after the Effective Date until the Final Term Credit Availability Date, the Borrower may use the Term Credit Commitments to assist in refinancing the 2012 Notes. For greater certainty, any regularly scheduled payment required under any Indenture Indebtedness or Permitted Unsecured Indebtedness is not restricted by this Section 6.1(19).

Voluntary Prepayments of Other Indebtedness. The Borrower shall not, and shall not permit any of its Material Subsidiaries to, make any voluntary prepayment, redemption, repurchase or other acquisition for value or retirement of any Indenture Indebtedness or Permitted Unsecured Indebtedness, except that, so long as no Default has occurred and is continuing or would be caused thereby, (a) the Borrower may prepay, redeem, repurchase or otherwise acquire for value or retire Indenture Indebtedness or Permitted Unsecured Indebtedness with the proceeds of additional common Equity Securities issued after the Effective Date, and (b) the Borrower may prepay, redeem, repurchase or otherwise acquire for value or retire Indenture Indebtedness or Permitted Unsecured Indebtedness with the proceeds of additional Permitted Unsecured Indebtedness issued after the Effective Date, and (c) during the period after the Effective Date until the Final Term Credit Availability Date, the Borrower may use the Term Credit Commitments to assist in refinancing the 2012 Notes. For greater certainty, any regularly scheduled payment required under any Indenture Indebtedness or Permitted Unsecured Indebtedness is not restricted by this Section 6.1(19).