Common use of Default on Senior Indebtedness of the Company Clause in Contracts

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of or interest on the Notes or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes (collectively, “pay the Notes”) if either of the following (a “Payment Default”) occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or (except for Securities delivered to the Trustee pursuant to the second sentence of paragraph 6 of the Securities) otherwise retire any Notes Securities (except for any redemption pursuant to paragraph 6 of the Securities) (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes without Securities ----without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice within such 360-day period is delivered to the Trustee given by or on -on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; provided further, however, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day consecutive period, and there must be 181 days during any consecutive 360-day consecutive period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall may not pay any amount in respect of the principal Obligations in respect of or interest on the Notes and the Indenture or make any deposit pursuant to Section 8.01 of the Indenture 8.1 and may not purchaserepurchase, redeem or otherwise retire defease any Notes (collectively, “"pay the Notes”") (other than in accordance with the conversion provision of Article XI hereof or with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if either of the following (a “Payment Default”i) occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; due or (2ii) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the Payment Default default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cashcash or Cash Equivalents; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any such Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuingIndebtedness. During the continuance of any default (other than a Payment Defaultdefault described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall may not pay the Notes for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end thereafter (or earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; , (2ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash). Notwithstanding the provisions described in the immediately preceding two sentences sentence (but subject to the provisions contained in the first sentence of this SectionSection 10.3), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to may resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to more than one Payment Blockage Period in During any consecutive 360-day period, irrespective the aggregate of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any all Payment Blockage Period or Periods is in effect under this Article X shall not exceed 179 days in the aggregate during any consecutive 360-day period, and there must shall be a period of at least 181 consecutive days during any in each consecutive 360-day period during which when no Payment Blockage Period is in effect. For purposes of this SectionSection 10.3, no default or event of default which that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes Securities (except in Permitted Junior Securities or from the trust described in Article 8) or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes Securities (except in Permitted Junior Securities or from the trust described in Article 8) (collectively, “pay the Notes”"PAY THE SECURITIES") if either of the following (a “Payment Default”"PAYMENT DEFAULT") occurs occurs: (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; , or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “Payment Blockage Period”"PAYMENT BLOCKAGE PERIOD") commencing upon the receipt by the Trustee of (with a copy to the Company) a written notice (a “Blockage Notice”"BLOCKAGE NOTICE") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; , (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; , or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences above paragraph (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, except HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; PROVIDED FURTHER, HOWEVER, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-consecutive-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or (except for Securities delivered to the Trustee pursuant to the second sentence of paragraph 6 of the Securities) otherwise retire any Notes Securities (except for any redemption pursuant to paragraph 6 of the Securities) (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Securities -------- ------- without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except -------- however, that if any Blockage Notice within such 360-day period is delivered to the Trustee given by or ------- on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; provided -------- further, however, that in no event may shall the total number of days during which ------- ------- any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day consecutive period, and there must be 181 days during any consecutive 360-day consecutive period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall may not pay the principal of or interest on the Notes Debentures or make any deposit pursuant to Section 8.01 of the Indenture 9.1 and may not purchaserepurchase, redeem or otherwise retire any Notes Debentures (collectively, “"pay the Notes”Debentures") (other than in the form of Subordinated Reorganization Securities and payments and other distributions made from any funds deposited by the Company pursuant to Section 9.1) if either of the following (a “Payment Default”) occurs (1i) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; due or (2ii) any other default on Designated such Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the Payment Default default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cashfull; provided, however, that the Company shall be entitled to may pay the Notes Debentures without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative representative of any Designated such Senior Indebtedness with respect to which either of the Payment Default events set forth in clause (i) or (ii) of this sentence has occurred and is continuing. During the continuance of any default (other than a Payment Defaultdefault described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall may not pay the Notes Debentures for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “"Blockage Notice”") of such default from the Representative representative of the holders of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end thereafter (or earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; , (2ii) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; continuing or (3iii) because such Designated Senior Indebtedness has been discharged or repaid in full in cashfull). Notwithstanding the provisions described in of the immediately preceding two sentences sentence (but subject to the provisions contained in of the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative representative of such Designated Senior Indebtedness shall holders have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to may resume payments on the Notes Debentures after termination of such Payment Blockage Period. The Notes Debentures shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of 41 48 default with respect to the Senior Indebtedness and which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating and which initiated such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes Securities (or pay any other obligations relating to the Securities, including additional interest, fees, costs, expenses, indemnities and rescission or damage claims) or make any deposit pursuant to Section 8.01 of the Indenture Article Four or Article Thirteen hereof and may not purchase, redeem or otherwise retire any Notes Securities (collectively, “pay the NotesSecurities”) (except in the form of Permitted Junior Securities) if either of the following occurs (a “Payment Default”) occurs ): (1a) any Obligation obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when duedue (after giving effect to any applicable grace period); or or (2b) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) (a “Non-Payment Default”) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities (except in the form of Permitted Junior Securities) for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “Blockage Notice”) of such default Non-Payment Default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. So long as there shall remain outstanding any Senior Indebtedness under the Senior Credit Facilities, a Blockage Notice may be given only by the administrative agent thereunder unless otherwise agreed to in writing by the requisite lenders named therein. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2ii) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3iii) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this SectionSection 14.03 and Section 14.02 hereof), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness or a Payment Default has occurred and is continuing, the Company shall be entitled to resume payments on paying the Notes Securities after termination the end of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except ; provided that if any Blockage Notice is delivered to the Trustee by or on behalf of the holders of Designated Senior Indebtedness of the Company (other than the holders of indebtedness under the Bank IndebtednessSenior Credit Facilities), a Representative of holders of Bank Indebtedness indebtedness under the Senior Credit Facilities may give another Blockage Notice within such period. However, in no event may shall the total number of days during which any Payment Blockage Period or Periods on the Securities is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be at least 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this SectionNotwithstanding the foregoing, however, no default or event of default which that existed or was continuing on the date of the commencement delivery of any Payment Blockage Period with respect Notice to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period Trustee shall be, or be made, the basis of the commencement of for a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Notice unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysdays (it being acknowledged that any subsequent action, or any breach of any financial covenants during the period after the date of delivery of a Blockage Notice, that, in either case, would give rise to a Non-Payment Default pursuant to any provisions under which a Non-Payment Default previously existed or was continuing shall constitute a new Non-Payment Default for this purpose).

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes or any other payment Obligation of the Company in respect of the Notes (including any Obligation to repurchase the Notes) or make any deposit pursuant to Section 8.01 of the Indenture Article 8, and may not purchase, redeem or otherwise retire any Notes (collectively, “pay the Notes”"PAY THE NOTES") if either of the following occurs (a “Payment Default”) occurs "PAYMENT DEFAULT"): (1) any Obligation on portion of any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unlessterms; UNLESS, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes for a period (a “Payment Blockage Period”"PAYMENT BLOCKAGE PERIOD") commencing upon the receipt by the Trustee of (with a copy to the Company) of a written notice (a “Blockage Notice”"BLOCKAGE NOTICE") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; , (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; , or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences above paragraph (but subject to the provisions contained in the first sentence of this SectionSection 10.03), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, except HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of the holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; PROVIDED FURTHER, HOWEVER, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest interest, if any, on the Notes Securities or other Subordinated Securities Obligations or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes Securities or other Subordinated Securities Obligations (collectively, “pay the NotesSecurities”) if either of the following (a “Payment Default”) occurs occurs: (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Securities and any other Subordinated Securities Obligations without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities or other Subordinated Securities Obligations for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “Blockage Notice”) of such default from the Representative of the Bank Indebtedness or, if no Bank Indebtedness is outstanding, the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; ; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtednessa Payment Default exists, the Company shall be entitled to resume payments on the Notes Securities and the other Subordinated Securities Obligations after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture 13.1 and may not purchase, redeem purchase or otherwise retire any Notes Securities (collectively, “pay the NotesSecurities”) if either of the following (a “Payment Default”) occurs (1a) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2b) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the a Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periodsperiods (a “Nonpayment Default”), the Company shall not pay the Notes Securities for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this SectionSection 11.3), unless there is a Payment Default or the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults Nonpayment Defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this SectionSection 11.3, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the 6 5/8% Notes or any other payment obligation in respect of the 6 5/8% Notes (including any obligation to purchase the 6 5/8% Notes) or make any deposit pursuant to Section 8.01 of the Indenture Article Four or Thirteen and may not purchase, redeem or otherwise retire any 6 5/8% Notes (collectively, “pay the 6 5/8% Notes”) if either of the following (a “Payment Default”) occurs occurs: (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cashcash or cash equivalents; provided, however, that the Company shall be entitled to pay the 6 5/8% Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the 6 5/8% Notes for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee and the Company of (with a copy to the Company) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cashcash or cash equivalents. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section)paragraph, unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled permitted to resume payments on the 6 5/8% Notes after termination the end of such Payment Blockage Period. The 6 5/8% Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The ---------------------------------------------- Company shall not pay the principal of of, premium, if any, or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or (except for Securities delivered to the Trustee pursuant to the second sentence of paragraph 6 of the Securities) otherwise retire any Notes Securities (except for any redemption pursuant to paragraph 6 of the Securities) (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Securities -------- ------- without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except -------- however, that if any Blockage Notice within such 360-day period is delivered to the Trustee given by or ------- on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; provided -------- further, however, that in no event may shall the total number of days during which ------- ------- any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day consecutive period, and there must be 181 days during any consecutive 360-day consecutive period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the 67/8% Notes or any other payment obligation in respect of the 67/8% Notes (including any obligation to purchase the 67/8% Notes) or make any deposit pursuant to Section 8.01 of the Indenture Article Four or Thirteen and may not purchase, redeem or otherwise retire any 67/8% Notes (collectively, “pay the 67/8% Notes”) if either of the following (a “Payment Default”) occurs occurs: (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cashcash or cash equivalents; provided, however, that the Company shall be entitled to pay the 67/8% Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the 67/8% Notes for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee and the Company of (with a copy to the Company) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cashcash or cash equivalents. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section)paragraph, unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled permitted to resume payments on the 67/8% Notes after termination the end of such Payment Blockage Period. The 67/8% Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes Section 1404. Acceleration of this Section, no default or event Payment of default which existed or was continuing on the date 67/8% Notes. If payment of the commencement 67/8% Notes is accelerated because of any Payment Blockage Period with respect to an Event of Default, the Company or the Trustee shall promptly notify the holders of Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, (or be made, the basis their Representatives) of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysacceleration.

Default on Senior Indebtedness of the Company. The Company shall may not pay the principal of of, premium (if any) or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not otherwise purchase, redeem or otherwise retire any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “Payment Default”) occurs (1i) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; due or (2ii) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the Payment Default default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cashfull; provided, however, that the Company shall be entitled to may pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any Designated the holders of such Senior Indebtedness with respect to which either of the Payment Default events in clause (i) or (ii) of this sentence has occurred and is continuing. During the continuance of any default (other than a Payment Defaultdefault described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall may not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “"Blockage Notice”") of such default from the Representative of such the holders of the Designated Senior Indebtedness of the Company specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end thereafter (or earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee and (with a copy to the Company Company) from the Person or Persons who gave such Blockage Notice; , (2ii) because such Designated Senior Indebtedness has been repaid in full or (iii) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash). Notwithstanding the provisions described in the immediately preceding two sentences sentence (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to may resume payments on the Notes Securities after termination of such Payment Blockage Period, including any missed payments. The Notes shall not be subject to Not more than one Payment Blockage Period Notice may be given in any consecutive 360-day 104 96 period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice within such 360-day period is delivered to the Trustee given by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of the Bank Indebtedness may give another Blockage Notice within such period. However; provided further, however, that in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360 consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of premium, if any, or interest interest, if any, on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtednessa Payment Default exists, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, except HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; PROVIDED FURTHER, HOWEVER, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-consecutive-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay, nor shall it permit any Guarantor or other Subsidiary to pay (in either case, in cash, property, securities or other assets), the principal of or of, interest on or other Obligations owing with respect to the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture or 8.02 and may not purchase, redeem or otherwise retire or acquire any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Designated Obligations with respect to Senior Indebtedness of the Company is are not paid in full in cash when due; due or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any Designated all Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice 91 as may be required to effect such acceleration) or the expiration of any applicable grace periodsperiods (a "Non-Payment Default"), the Company shall not pay pay, nor shall it permit any Guarantor or other Subsidiary to pay, the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; ; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuingcontinuing and no other Non-Payment Default then exists with respect to such Designated Senior Indebtedness; or or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cashcash or otherwise has been satisfied in full to the satisfaction of, and with the consent of, the holders of such Designated Senior Indebtedness. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this SectionSection 10.03), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtednessa Payment Default exists, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, except HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee given by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; PROVIDED FURTHER, HOWEVER, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360 consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this SectionSection 10.03, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysdays (it being acknowledged that any subsequent action, or any breach of any financial covenants for a period ending after the date of commencement of such Payment Blockage Period that, in either case, would give rise to an event of default pursuant to any provision under which an event of default previously existed or was continuing shall constitute a new event of default for this purpose).

Default on Senior Indebtedness of the Company. The Company shall may not pay the principal of or premium, if any, or interest on the Notes or make any deposit pursuant to Section 8.01 of the Indenture and may not purchaserepurchase, redeem or otherwise retire or defease any Notes (collectively, “"pay the Notes”") if either of the following (a “Payment Default”i) occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; due or (2ii) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the Payment Default default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cashfull; provided, however, that the Company shall be entitled to may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any the Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuingIndebtedness. During the continuance of any default (other than a Payment Defaultdefault described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall may not pay the Notes for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end 179Edays thereafter (or earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; , (2ii) by repayment in full of such Designated Senior Indebtedness or (iii) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash). Notwithstanding the provisions described in the immediately preceding two sentences sentence (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to may resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to Not more than one Payment Blockage Period Notice may be given in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice within such 360-day period is delivered to the Trustee given by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of the Bank Indebtedness may give another Blockage Notice within such period. However; provided further, however, that in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days 179Edays in the aggregate during any 360 consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of make its Guaranty or interest on the Notes or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire or defease any Notes Securities or other Obligations (collectively, “"pay the Notes”its Guaranty") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cashfull; provided, however, that the Company shall be entitled to pay the Notes its Guaranty without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes its Guaranty for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cashfull. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness giving such Payment Notice or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes pursuant to its Guaranty after termination of such Payment Blockage Period. The Notes Company shall not be subject 99 108 to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice within such 360-day period is delivered to the Trustee given by or on behalf of any holders of Designated Senior Indebtedness of the Company Issuer (other than holders of the Bank Indebtedness), a the Representative of holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; provided further, however, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-consecutive-day period, and there must be 181 days during any consecutive 360-consecutive day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay (in cash, property, securities or other assets), the principal of or of, interest on or other Obligations owing with respect to the Notes or make any deposit pursuant to Section 8.01 Article 13 of the Base Indenture and Section 4.03 of the First Supplemental Indenture and may not purchase, redeem or otherwise retire or acquire any Notes (collectively, “"pay the Notes”") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Obligations with respect to Designated Senior Indebtedness of the Company is are not paid in full in cash when due; due or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cashfull; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; ; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cashfull. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this SectionSection 14.03), unless the holders of such Designated Senior Indebtedness giving such Blockage Notice or the Representative Representatives of such Designated Senior Indebtedness shall have accelerated the maturity of such the Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, except HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee given by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; PROVIDED FURTHER, HOWEVER, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360 consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this SectionSection 14.03, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the 8 3/8% Notes or any other payment obligation in respect of the 8 3/8% Notes (including any obligation to purchase the 8 3/8% Notes) or make any deposit pursuant to Section 8.01 of the Indenture Article Thirteen and may not purchase, redeem or otherwise retire any 8 3/8% Notes (collectively, “"pay the 8 3/8% Notes”") if either of the following (a “"Payment Default”") occurs occurs: (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cashcash or cash equivalents; provided, however, that the Company shall be entitled to pay the 8 3/8% Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the 8 3/8% Notes for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee and the Company of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cashcash or cash equivalents. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section)paragraph, unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the 57 Company shall be entitled permitted to resume payments on the 8 3/8% Notes after termination the end of such Payment Blockage Period. The 8 3/8% Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes SECTION 1404. Acceleration of this Section, no default or event Payment of default which existed or was continuing on the date 8 3/8% Notes. If payment of the commencement 8 3/8% Notes is accelerated because of any Payment Blockage Period with respect to an Event of Default, the Company or the Trustee shall promptly notify the holders of Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, (or be made, the basis their Representatives) of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysacceleration.

Default on Senior Indebtedness of the Company. The Company shall may not pay any amount in respect of the principal Obligations in respect of or interest on the Notes and the Indenture or make any deposit pursuant to Section 8.01 of the Indenture and may not purchaserepurchase, redeem or otherwise retire defease any Notes (collectively, “"pay the Notes”") (other than with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.01 hereof) if either of the following (a “Payment Default”i) occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; due or (2ii) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the Payment Default default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cashcash or Cash Equivalents; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any such Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuingIndebtedness. During the continuance of any default (other than a Payment Defaultdefault described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall may not pay the Notes for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.Representative

Default on Senior Indebtedness of the Company. The Company shall may not pay the principal of of, premium (if any) or interest on on, the Notes or make any deposit pursuant to Section 8.01 of the Indenture 8.1 and may not purchaserepurchase, redeem or otherwise retire any Notes (collectively, “"pay the Notes”") if either of the following (a “Payment Default”i) occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash or cash equivalents when due; due or (2ii) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the Payment Default default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cash; providedcash or cash equivalents. However, however, that the Company shall be entitled to may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any the Designated Senior Indebtedness with respect to which either of the Payment Default events set forth in clause (i) or (ii) of the immediately preceding sentence has occurred and is continuing. During the continuance of any default (other than a Payment Defaultdefault described in clause (i) or (ii) of the second preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall may not pay the Notes for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “"Blockage Notice”") of such default from the Representative of the holders of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end thereafter (or earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; , (2ii) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; continuing or (3iii) because such Designated Senior Indebtedness has been discharged or repaid in full in cashfull). Notwithstanding the provisions described in the immediately preceding two sentences sentence (but subject to the provisions contained described in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to may resume payments on the Notes after termination the end of such Payment Blockage Period. The Subject to the provisions described in the first sentence of this Section 10.3, the Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The --------------------------------------------- Company shall may not pay the principal of of, premium, if any, or interest or Liquidated Damages, if any, on the Notes or make any deposit pursuant to Section 8.01 of the Indenture 8.1 and may not purchaserepurchase, redeem ----------- or otherwise retire any Notes (collectively, “"pay the Notes”") (other than ------------- payments in the form of Permitted Junior Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 ----------- hereof) if either of the following (a “Payment Default”i) occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; due or (2ii) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the Payment Default default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cashfull; provided, however, that the Company shall be entitled to may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any such Designated Senior Indebtedness with respect to which either of the Payment Default events set forth in clause (i) or (ii) has occurred and is continuing. During the continuance of any default (other than a Payment Defaultdefault described in clause (i) or (ii) of the immediately preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall may not pay the Notes for a period (a “"Payment Blockage ---------------- Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) ------ of written notice (a “"Blockage Notice”") of such default from the Representative --------------- of the holders of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end thereafter (or earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; , (2ii) because a Representative of the holders of such Designated Senior Indebtedness has notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; continuing or (3iii) because such Designated Senior Indebtedness has been discharged or repaid in full in cash). Notwithstanding the provisions described in the immediately preceding two sentences sentence (but subject to the provisions contained in the first sentence of this SectionSection 10.3), unless the holders of such Designated ------------ Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall holders have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to may resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this SectionSection 10.3, no default ------------ or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of or interest on the Notes or make any deposit pursuant to Section 8.01 of the Indenture and may shall not purchase, redeem or otherwise retire any Notes (collectively, “pay the Notes”) (except that Noteholders may receive and retain Permitted Junior Securities and payments made from funds deposited with the Trustee pursuant to Section 8.01 or 8.02) if either of the following (a “Payment Default”) occurs (1a) any Obligation on any Designated Senior Indebtedness Debt of the Company is not paid in full in cash or Cash Equivalents when due; or (2b) any other default on Designated Senior Indebtedness Debt of the Company occurs and the maturity of such Designated Senior Indebtedness Debt is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness Debt has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness Debt with respect to which the a Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness Debt of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness Debt specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness Debt has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness Debt or the Representative of such Designated Senior Indebtedness Debt shall have accelerated the maturity of such Designated Senior IndebtednessDebt, the Company shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness Debt of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no nonpayment default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness Debt of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Debt unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes Securities (collectively, “pay the NotesSecurities”) if either of the following (a “Payment Default”) occurs (1a) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2b) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cashfull; provided, however, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cashfull. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, period except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of the Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. .. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. (a) The Company shall will not pay the principal of or interest on the Notes or be permitted to make any deposit pursuant payment or distribution of any kind or character with respect to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes (collectively, “pay the Notes”) , other than in the form of Permitted Junior Securities, if either of the following occurs (a “Payment Default”) occurs ): (1) any Obligation obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall will be entitled to pay make a payment or distribution under the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any Designated all Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. . (b) During the continuance of any default (other than a Payment Default) (a “Non-Payment Default”) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall will not pay be permitted to make any payment or distribution of any kind or character with respect to the Notes (except in the form of Permitted Junior Securities) for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “Blockage Notice”) of such default Non-Payment Default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall will end earlier if such Payment Blockage Period is terminated terminated: (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described set forth in the immediately preceding two sentences (but subject to the other provisions contained in the first sentence of this Sectionherein), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness or a Payment Default has occurred and is continuing, the Company shall will be entitled permitted to resume payments on paying the Notes after termination the end of such Payment Blockage Period. The Notes shall will not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults Non-Payment Defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may will the total number of days during which any Payment Blockage Period or Periods on the Notes is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be at least 181 days during any consecutive 360-360 day period during which no Payment Blockage Period is in effect. For purposes of this SectionNotwithstanding the foregoing, however, no default or event of default which Non-Payment Default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated any Senior Indebtedness and that was the basis for the initiation of the Company initiating such Payment Blockage Period shall will be, or be made, the basis of the commencement of for a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall will have been cured or waived for a period of not less than 90 consecutive daysdays (it being acknowledged that any subsequent action, or any breach of any financial covenants during the period after the date of delivery of such initial Blockage Notice that, in either case, would give rise to a Non-Payment Default pursuant to any provisions under which a Non-Payment Default previously existed or was continuing will constitute a new Non-Payment Default for this purpose). (c) Upon any payment or distribution of the assets of the Company to creditors upon a total or partial liquidation or dissolution or reorganization of or similar proceeding relating to the Company or its property: (1) the holders of Senior Indebtedness will be entitled to receive payment in full in cash of such Senior Indebtedness before Holders of Notes shall be entitled to receive any payment or distribution of any kind or character with respect to any obligations on, or relating to, the Notes; (2) until the Senior Indebtedness is paid in full in cash, any payment or distribution to which Holders of Notes would be entitled but for the subordination provisions in this Article XI shall be made to holders of such Senior Indebtedness as their interests may appear, except that Holders of Notes may receive Permitted Junior Securities; and (3) if a distribution is made to Holders of Notes that, due to the subordination provisions in this Article XI, should not have been made to them, Holders of Notes will be required to hold such distribution in trust for the holders of Senior Indebtedness and to pay it over to such holders of Senior Indebtedness as their interests may appear.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of or interest on the Notes or make any deposit pursuant to Section 8.01 payment in respect of the Indenture and may not purchase, redeem or otherwise retire any Notes (collectively, “pay the Notes”) Subordinated Obligations if either of the following (a “Payment Default”) occurs occurs: (1a) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or [or] (2b) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash[ or (c) any other default with respect to any Senior Indebtedness pursuant to which the maturity thereof may be accelerated without further notice (except such notice as may be required to effect such acceleration or the expiration of any applicable grace periods)]2; provided, however, that the Company shall be entitled to pay the Notes Subordinated Obligations without regard to the foregoing if the Company and the Trustee receive receives written notice approving such payment from the Representative of any Designated all Senior Indebtedness Lenders with respect to which the Payment Default has occurred and is continuing. 1 Provisions may be contained in the instrument evidencing the Subordinated Obligations. 2 Only required to be included with respect to Subordinated Obligations owed to any Restricted Subsidiary pursuant to Sections 6.01(c) or (p) of the Credit Agreement. [During the continuance of any default (other than a Payment Default) (a “Non-Payment Default”) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) acceleration or the expiration of any applicable grace periods), the Company shall not pay make any payment in respect of the Notes Subordinated Obligations for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee Company of (with a copy to the Company) written notice (a “Blockage Notice”) of such default Non-PaymentDefault from the Representative Senior Lenders holding a majority in aggregate amount of such Designated the Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section)above, unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness Lenders shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness or a Payment Default has occurred and is continuing, the Company shall be entitled permitted to resume payments on paying the Notes Subordinated Obligations after termination the end of such Payment Blockage Period. The Notes Subordinated Obligations shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults Non-Payment Defaults with respect to Designated Senior Indebtedness of the Company during such period, except ; provided that if any Payment Blockage Notice is delivered to the Trustee Company by or on behalf of holders of Designated the Senior Indebtedness Lenders, a representative of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may Senior Lenders shall be entitled to give another Payment Blockage Notice within such period. However, that in no event may shall the total number of days during which any Payment Blockage Period or Periods on the notes is in effect exceed 179 days in the aggregate during any consecutive 360365-day period, and there must be 181 at least 186 days during any consecutive 360365-day period during which no Payment Blockage Period is in effect. For purposes of this SectionNotwithstanding the foregoing, no default or event of default which Non-Payment Default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated any Senior Indebtedness and that was the basis for the initiation of the Company initiating such Payment Blockage Period to the Company shall be, or be made, the basis of the commencement of for a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Lenders unless such default or event of default shall have has been cured or waived for a period of not less than 90 consecutive days.days (it being acknowledged that any subsequent action, or any breach of any financial covenants during the period after the date of delivery of such initial Blockage Notice, that, in either case, would give rise to a Non-Payment Default pursuant to any provisions under which a Non-Payment Default previously existed or was continuing shall constitute a new Non-Payment Default for this purpose). ]3

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes (collectively, “pay the Notes”) Subordinated Obligations if either of the following (a “Payment Default”) occurs occurs: (1a) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2b) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Subordinated Obligations without regard to the foregoing if the Company and the Trustee receive receives written notice approving such payment from the Representative of any Designated all Senior Indebtedness Lenders with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) (a “Non-Payment Default”) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or 7 Provisions may be contained in the instrument evidencing the Subordinated Obligations. the expiration of any applicable grace periods, the Company shall not pay the Notes Subordinated Obligations for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee Company of (with a copy to the Company) written notice (a “Blockage Notice”) of such default from the Representative Senior Lenders holding a majority in aggregate amount of such Designated the Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section)above, unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness Lenders shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness or a Payment Default has occurred and is continuing, the Company shall be entitled permitted to resume payments on paying the Notes Subordinated Obligations after termination the end of such Payment Blockage Period. The Notes Subordinated Obligations shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults Non-Payment Defaults with respect to Designated Senior Indebtedness of the Company during such period, except ; provided that if any Payment Blockage Notice is delivered to the Trustee Company by or on behalf of holders of Designated the Senior Indebtedness Lenders, a representative of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may Senior Lenders shall be entitled to give another Payment Blockage Notice within such period. However, that in no event may shall the total number of days during which any Payment Blockage Period or Periods on the notes is in effect exceed 179 days in the aggregate during any consecutive 360365-day period, and there must be 181 at least 186 days during any consecutive 360365-day period during which no Payment Blockage Period is in effect. For purposes of this SectionNotwithstanding the foregoing, no default or event of default which Non-Payment Default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated any Senior Indebtedness and that was the basis for the initiation of the Company initiating such Payment Blockage Period to the Company shall be, or be made, the basis of the commencement of for a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Lenders unless such default or event of default shall have has been cured or waived for a period of not less than 90 consecutive daysdays (it being acknowledged that any subsequent action, or any breach of any financial covenants during the period after the date of delivery of such initial Blockage Notice, that, in either case, would give rise to a Non-Payment Default pursuant to any provisions under which a Non-Payment Default previously existed or was continuing shall constitute a new Non-Payment Default for this purpose).

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the 6⅝% Notes or any other payment obligation in respect of the 6⅝% Notes (including any obligation to purchase the 6⅝% Notes) or make any deposit pursuant to Section 8.01 of the Indenture Article Four or Thirteen and may not purchase, redeem or otherwise retire any 6⅝% Notes (collectively, “pay the 6⅝% Notes”) if either of the following (a “Payment Default”) occurs occurs: (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cashcash or cash equivalents; provided, however, that the Company shall be entitled to pay the 6⅝% Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the 6⅝% Notes for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee and the Company of (with a copy to the Company) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cashcash or cash equivalents. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section)paragraph, unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled permitted to resume payments on the 6⅝% Notes after termination the end of such Payment Blockage Period. The 6⅝% Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written 84 notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this SectionSection 10.03), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; provided further, however, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-consecutive-day period, and there must be 181 days during any consecutive 360-consecutive-day period during which no Payment Blockage Period is in effect. For purposes of this SectionSection 10.03, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes this Note (or make pay any deposit pursuant other obligations relating to Section 8.01 of the Indenture this Note, including fees, costs, expenses, indemnities and rescission or damage claims) and may not purchase, redeem or otherwise retire any Notes (collectively, “pay the Notes”) (except that the Holder of this Note may receive and retain Permitted Junior Securities), if either of the following occurs (a “Payment Default”): (a) a default in the payment of the principal of, premium, if any, or interest on any Designated Senior Indebtedness of the Company occurs (1) and is continuing or any Obligation on other amount owing in respect of any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or , or (2b) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness of the Company is accelerated in accordance with its terms terms, unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes this Note without regard to the foregoing if the Company and the Trustee receive receives written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) (a “Non-Payment Default”) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay this Note (except in the Notes form of Permitted Junior Securities) for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee Company of (with a copy to the Company) written notice (a “Blockage Notice”) of such default Non-Payment Default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. With respect to Indebtedness under the Credit Agreement, a Blockage Notice may be given only by the administrative agent thereunder unless otherwise agreed to in writing by the requisite lenders named therein. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2ii) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3iii) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences paragraph (but subject to the provisions contained in the first sentence paragraph of this SectionSection 6.3 and Section 6.2 hereof), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness or a Payment Default exists, the Company shall be entitled permitted to resume payments on paying this Note after the Notes after termination end of such Payment Blockage PeriodPeriod (including any missed payments). The Notes This Note shall not be subject to more than one Payment Blockage Period in any consecutive 360-360 day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except ; provided that if any Blockage Notice is delivered to the Trustee Company by or on behalf of the holders of Designated Senior Indebtedness of the Company (other than the holders of Indebtedness under the Bank IndebtednessCredit Agreement), a Representative of holders of Bank Indebtedness under the Credit Agreement may give another Blockage Notice within such period. However, in no event may shall the total number of days during which any Payment Blockage Period or Periods on the Note is in effect exceed 179 days in the aggregate during any consecutive 360-360 day period. Notwithstanding the foregoing, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Sectionhowever, no default or event of default which that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of for a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness whether or not within a period of 360 consecutive days unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysdays (it being acknowledged that any subsequent action, or any breach of any financial covenants during the period after the date of delivery of a Blockage Notice, that, in either case, would give rise to a Non-Payment Default pursuant to any provisions of the Designated Senior Indebtedness under which a Non-Payment Default previously existed or was continuing shall constitute a new Non-Payment Default for this purpose).

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation default on the payment of all or any portion of the Obligations on any Designated Senior Indebtedness of the Company is not paid in full in cash when dueCompany; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 180 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay (in cash, property, securities or other assets), the principal of or of, interest on or other Obligations owing with respect to the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture or 8.02 and may not purchase, redeem or otherwise retire or acquire any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Obligations with respect to Designated Senior Indebtedness of the Company is are not paid in full in cash when due; due or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cashfull; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; ; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cashfull. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this SectionSection 10.03), unless the holders of such Designated Senior Indebtedness giving such Blockage Notice or the Representative Representatives of such Designated Senior Indebtedness shall have accelerated the maturity of such the Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, except HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee given by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; PROVIDED FURTHER, HOWEVER, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360 consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. 100 For purposes of this SectionSection 10.03, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this SectionSection 10.03), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; provided further, however, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-consecutive-day period, and there must be 181 days during any consecutive 360-consecutive-day period during which no Payment Blockage Period is in effect. For purposes of this SectionSection 10.03, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The --------------------------------------------- Company shall may not pay the principal of of, premium, if any, or interest on the Notes or make any deposit pursuant to Section 8.01 of the Indenture 8.1 and may not purchaserepurchase, redeem or ----------- otherwise retire any Notes (collectively, “"pay the Notes”") (other than Permitted Junior Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.1 hereof) if either of the following (a “Payment Default”i) occurs (1) any Obligation on any Designated Senior ----------- Indebtedness of the Company is not paid in full in cash when due; due or (2ii) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the Payment Default default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cashfull; provided, however, that the Company shall be entitled to may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any such Designated Senior Indebtedness with respect to which either of the Payment Default events set forth in clause (i) or (ii) has occurred and is continuing. During the continuance of any default (other than a Payment Defaultdefault described in clause (i) or (ii) of the immediately preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall may not pay the Notes for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “"Blockage Notice”") of such default from the Representative of the holders of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end thereafter (or earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; , (2ii) because a Representative of the holders of such Designated Senior Indebtedness has notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; continuing or (3iii) because such Designated Senior Indebtedness has been discharged or repaid in full in cash). Notwithstanding the provisions described in the immediately preceding two sentences sentence (but subject to the provisions contained in the first sentence of this SectionSection 10.3), unless the ------------ holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall holders have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to may resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this SectionSection 10.3, no default Default or event Event of default Default which existed or was continuing on ------------ the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default Default or event Event of default Default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1a) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2b) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such periodperiod provided, except however, that if any Blockage Notice within such 360 day period is delivered to the Trustee given by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of the holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; provided further, however, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360 consecutive 360-day period, period and there must shall be 181 days during any consecutive 360-360 day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness whether or not within a period of 360 consecutive days unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall may not pay any amount in respect of the principal Obligations in respect of or interest on the Notes and the Indenture or make any deposit pursuant to Section 8.01 of the Indenture and may not purchaserepurchase, redeem or otherwise retire defease any Notes (collectively, “"pay the Notes”") (other than with Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.01 hereof) if either of the following (a “Payment Default”i) occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; due or (2ii) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the Payment Default default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cashcash or Cash Equivalents; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any such Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuingIndebtedness. During the continuance of any default (other than a Payment Defaultdefault described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall may not pay the Notes for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice (a “Blockage Notice”) of such default (a "Blockage Notice") from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end thereafter (or earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; , (2ii) by repayment in full in cash or Cash Equivalents of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash). Notwithstanding the provisions described in the immediately preceding two sentences sentence (but subject to the provisions contained in the first sentence of this SectionSection 10.03), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness holders 116 shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to may resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to more than one A Payment Blockage Period in instituted pursuant to this Section 10.03 shall also be deemed to be a Payment Blockage Period pursuant to Section 12.03 hereof. During any consecutive 360-day period, irrespective the aggregate of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any all Payment Blockage Period or Periods is in effect under this Article X and Article XII shall not exceed 179 days in the aggregate during any consecutive 360-day period, and there must shall be a period of at least 181 consecutive days during any in each consecutive 360-day period during which when no Payment Blockage Period is in effect. For purposes of this SectionSection 10.03, no default or event of default which that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.. 113

Default on Senior Indebtedness of the Company. The Company shall not pay make any payment or distribution of any kind or character on Obligations on, or relating to, the principal of or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire or acquire for cash or property any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “Payment Default”) occurs (1) any Obligation on or with respect to any Designated Senior Indebtedness of the Company is not paid in full in cash when due; due (whether at maturity, upon any redemption, by acceleration or otherwise) (2a "Payment Default") any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, unless the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cashwaived; provided, however, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; Notice or (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this SectionSection and Section 10.02), unless the holders of such any Designated Senior Indebtedness or the Representative of such any Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness or a Payment Default has occurred and is continuing, the Company shall be entitled to resume payments on the Notes Securities after the termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults non-Payment Defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which non-Payment Default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the any Designated Senior Indebtedness and that was the basis for the initiation of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysdays (it being acknowledged that any subsequent action, or any breach of any financial covenants for a period commencing after the date of delivery of such initial Blockage Notice that in either case would give rise to a default pursuant to any provisions under which a default previously existed or was continuing shall constitute a new default for this purpose).

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the 71/8% Notes or any other payment obligation in respect of the 71/8% Notes (including any obligation to purchase the 71/8% Notes) or make any deposit pursuant to Section 8.01 of the Indenture Article Four or Thirteen and may not purchase, redeem or otherwise retire any 71/8% Notes (collectively, “pay the 71/8% Notes”) if either of the following (a “Payment Default”) occurs occurs: (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms; unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cashcash or cash equivalents; provided, however, that the Company shall be entitled to pay the 71/8% Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the 71/8% Notes for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee and the Company of (with a copy to the Company) written notice (a “Blockage Notice”) of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cashcash or cash equivalents. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section)paragraph, unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled permitted to resume payments on the 71/8% Notes after termination the end of such Payment Blockage Period. The 71/8% Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; provided, except however, that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes Section 1404. Acceleration of this Section, no default or event Payment of default which existed or was continuing on the date 71/8% Notes. If payment of the commencement 71/8% Notes is accelerated because of any Payment Blockage Period with respect to an Event of Default, the Company or the Trustee shall promptly notify the holders of Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, (or be made, the basis their Representatives) of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive daysacceleration.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes or any other payment Obligation of the Company in respect of the Notes (including any Obligation to repurchase the Notes) or make any deposit pursuant to Section 8.01 of the Indenture Article 8, and may not purchase, redeem or otherwise retire any Notes (collectively, “pay the Notes”"PAY THE NOTES") if either of the following occurs (a “Payment Default”) occurs "PAYMENT DEFAULT"): (1) any Obligation on portion of any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unlessterms; UNLESS, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes for a period (a “Payment Blockage Period”"PAYMENT BLOCKAGE PERIOD") commencing upon the receipt by the Trustee of (with a copy to the Company) of a written notice (a “Blockage Notice”"BLOCKAGE NOTICE") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; , (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; , or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences above paragraph (but subject to the provisions contained in the first sentence of this SectionSection 10.03), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, except HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of the holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; PROVIDED FURTHER, HOWEVER, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.91

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire or defease any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any Designated all Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section), unless the holders of such Designated Senior Indebtedness giving such Blockage Notice or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any 360 consecutive 360-day period, period irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank IndebtednessIndebtedness or a Representative thereof), a Representative of holders of Bank Indebtedness may give another one additional Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360 consecutive 360-day period, and there must be 181 days during any 360 consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall may not pay the principal of of, premium, if any, on or interest on on, the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture Article 8 and may not purchaserepurchase, redeem or otherwise retire any Notes Securities (collectively, “"pay the Notes”------- Securities") if either of the following (a “Payment Default”) occurs (1a) any Obligation on principal, premium or interest in respect of any Designated Senior ---------- Indebtedness of the Company is not paid in full in cash when due; within any applicable grace period (including at maturity) or (2b) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to -------- ------- may pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any each issue of Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuingIndebtedness. During the continuance of any default (other than a Payment Defaultdefault described in clause (a), and provided that no acceleration has occurred and is continuing as described in clause (b) of the preceding sentence) with respect to any such Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods), the Company shall may not pay the Notes Securities for a period (a “"Payment ------- Blockage Period”") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) --------------- written notice (a “Blockage Notice”) of such default from the Representative of the holders of any such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period (a "Payment Blockage Notice") and ending 179 days thereafter. The Payment Blockage Period shall end after receipt ----------------------- of such notice by the Company and the Trustee unless earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee Company and the Company Trustee from the Person or Persons who Representative which gave such Payment Blockage Notice; , (2ii) because the such default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; continuing or (3iii) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section)sentence, unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness holders shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness and not rescinded such acceleration, the Company shall be entitled may (unless otherwise prohibited pursuant to the first sentence of this Section) resume payments on the Notes Securities after termination the end of such Payment Blockage Period. The Notes shall not be subject to No more than one Payment Blockage Period Notice may be given in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay (in cash, property, securities or other assets), the principal of or of, interest on or other Obligations owing with respect to the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture or 8.02 and may not purchase, redeem or otherwise retire or acquire any Notes Securities (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment Default”") occurs (1) any Obligation on any Designated Obligations with respect to Senior Indebtedness of the Company is are not paid in full in cash when due; due or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to pay the Notes Securities without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any Designated all Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace 91 periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; ; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this SectionSection 10.03), unless the holders of such Designated Senior Indebtedness giving such Blockage Notice or the Representative Representatives of such Designated Senior Indebtedness shall have accelerated the maturity of such the Designated Senior Indebtedness, the Company shall be entitled to resume payments on the Notes Securities after termination of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period; PROVIDED, except HOWEVER, that if any Blockage Notice within such 360-day period is delivered to the Trustee given by or on behalf of any holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a the Representative of holders of the Bank Indebtedness may shall be entitled to give another Blockage Notice within such period. However; PROVIDED FURTHER, HOWEVER, that in no event may shall the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any 360 consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this SectionSection 10.03, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be 92 made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes (collectively, “pay the Notes”) Subordinated Obligations if either of the following (a “Payment Default”) occurs occurs: (1a) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; or (2b) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided, however, that the Company shall be entitled to pay the Notes Subordinated Obligations without regard to the foregoing if the Company and the Trustee receive receives written notice approving such payment from the Representative of any Designated all Senior Indebtedness Lenders with respect to which the Payment Default has occurred and is continuing. 8 Provisions may be contained in the instrument evidencing the Subordinated Obligations. During the continuance of any default (other than a Payment Default) (a “Non-Payment Default”) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Subordinated Obligations for a period (a “Payment Blockage Period”) commencing upon the receipt by the Trustee Company of (with a copy to the Company) written notice (a “Blockage Notice”) of such default from the Representative Senior Lenders holding a majority in aggregate amount of such Designated the Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section)above, unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness Lenders shall have accelerated the maturity of such Designated Senior IndebtednessIndebtedness or a Payment Default has occurred and is continuing, the Company shall be entitled permitted to resume payments on paying the Notes Subordinated Obligations after termination the end of such Payment Blockage Period. The Notes Subordinated Obligations shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, period irrespective of the number of defaults Non-Payment Defaults with respect to Designated Senior Indebtedness of the Company during such period, except ; provided that if any Payment Blockage Notice is delivered to the Trustee Company by or on behalf of holders of Designated the Senior Indebtedness Lenders, a representative of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may Senior Lenders shall be entitled to give another Payment Blockage Notice within such period. However, that in no event may shall the total number of days during which any Payment Blockage Period or Periods on the notes is in effect exceed 179 days in the aggregate during any consecutive 360365-day period, and there must be 181 at least 186 days during any consecutive 360365-day period during which no Payment Blockage Period is in effect. For purposes of this SectionNotwithstanding the foregoing, no default or event of default which Non-Payment Default that existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated any Senior Indebtedness and that was the basis for the initiation of the Company initiating such Payment Blockage Period to the Company shall be, or be made, the basis of the commencement of for a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Lenders unless such default or event of default shall have has been cured or waived for a period of not less than 90 consecutive daysdays (it being acknowledged that any subsequent action, or any breach of any financial covenants during the period after the date of delivery of such initial Blockage Notice, that, in either case, would give rise to a Non-Payment Default pursuant to any provisions under which a Non-Payment Default previously existed or was continuing shall constitute a new Non-Payment Default for this purpose).

Default on Senior Indebtedness of the Company. The Company shall not pay the principal of of, premium, if any, or interest on the Notes Securities or make any deposit pursuant to Section 8.01 of the Indenture and may not purchase, redeem or otherwise retire any Notes Securities whether pursuant to the terms of the Securities or otherwise (collectively, “"pay the Notes”Securities") if either of the following (a “"Payment 95 86 Default”") occurs (1) any Obligation amount of principal of or premium or interest on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; due or (2) any other default on Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms terms, unless, in either case, the Payment Default has been cured or waived and any such acceleration has been rescinded or such Designated Senior Indebtedness has been paid in full in cash; provided. Regardless of the foregoing, however, that the Company shall be entitled to pay the Notes without regard to the foregoing Securities if the Company and the Trustee receive written notice approving such payment from the Representative Representatives of any all Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuing. During the continuance of any default (other than a Payment Default) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall not pay the Notes Securities for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Trustee of (with a copy to the Company) of written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end earlier if such Payment Blockage Period is terminated terminated: (1) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; (2) because all defaults with respect to the default giving Designated Senior Indebtedness that gave rise to such Blockage Notice is are cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash. Notwithstanding the provisions described in the immediately preceding two sentences (but subject to the provisions contained in the first sentence of this Section)sentences, unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness shall have accelerated the maturity of such Designated Senior Indebtednessa Payment Default has occurred and is continuing, the Company shall be entitled permitted to resume payments on the Notes Securities after termination the end of such Payment Blockage Period. The Notes Securities shall not be subject to more than one Payment Blockage Period in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this Section, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, 96 87 unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.

Default on Senior Indebtedness of the Company. The Company shall may not pay the principal of of, premium, if any, or interest or Liquidated Damages, if any, on the Notes or make any deposit pursuant to Section 8.01 of the Indenture and may not purchaserepurchase, redeem or otherwise retire defease any Notes (collectively, “"pay the Notes”") (other than Subordinated Reorganization Securities and payments and other distributions made from any defeasance trust created pursuant to Section 8.01 hereof) if either of the following (a “Payment Default”i) occurs (1) any Obligation on any Designated Senior Indebtedness of the Company is not paid in full in cash when due; due or (2ii) any other default on such Designated Senior Indebtedness of the Company occurs and the maturity of such Designated Senior Indebtedness is accelerated in accordance with its terms unless, in either case, (x) the Payment Default default has been cured or waived and any such acceleration has been rescinded or (y) such Designated Senior Indebtedness has been paid in full in cashfull; providedPROVIDED, howeverHOWEVER, that the Company shall be entitled to may pay the Notes without regard to the foregoing if the Company and the Trustee receive written notice approving such payment from the Representative of any such Designated Senior Indebtedness with respect to which the Payment Default has occurred and is continuingIndebtedness. During the continuance of any default (other than a Payment Defaultdefault described in clause (i) or (ii) of the preceding sentence) with respect to any Designated Senior Indebtedness of the Company pursuant to which the maturity thereof may be accelerated immediately without further notice (except such notice as may be required to effect such acceleration) or the expiration of any applicable grace periods, the Company shall may not pay the Notes for a period (a “"Payment Blockage Period”") commencing upon the receipt by the Company and the Trustee of (with a copy to the Company) written notice (a “"Blockage Notice”") of such default from the Representative of such Designated Senior Indebtedness specifying an election to effect a Payment Blockage Period and ending 179 days thereafter. The Payment Blockage Period shall end thereafter (or earlier if such Payment Blockage Period is terminated (1i) by written notice to the Trustee and the Company from the Person or Persons who gave such Blockage Notice; , (2ii) by repayment in full of such Designated Senior Indebtedness or (iii) because the Representative of the holders of such Designated Senior Indebtedness shall have notified the Trustee that the default giving rise to such Blockage Notice is cured, waived or otherwise no longer continuing; or (3) because such Designated Senior Indebtedness has been discharged or repaid in full in cash). Notwithstanding the provisions described in the immediately preceding two sentences sentence (but subject to the provisions contained in the first sentence of this SectionSection 10.03), unless the holders of such Designated Senior Indebtedness or the Representative of such Designated Senior Indebtedness holders shall have accelerated the maturity of such Designated Senior Indebtedness, the Company shall be entitled to may resume payments on the Notes after termination of such Payment Blockage Period. The Notes shall not be subject to Not more than one Payment Blockage Period Notice may be given in any consecutive 360-day period, irrespective of the number of defaults with respect to Designated Senior Indebtedness of the Company during such period, except that if any Blockage Notice is delivered to the Trustee by or on behalf of holders of Designated Senior Indebtedness of the Company (other than holders of the Bank Indebtedness), a Representative of holders of Bank Indebtedness may give another Blockage Notice within such period. However, in no event may the total number of days during which any Payment Blockage Period or Periods is in effect exceed 179 days in the aggregate during any consecutive 360-day period, and there must be 181 days during any consecutive 360-day period during which no Payment Blockage Period is in effect. For purposes of this SectionSection 10.03, no default or event of default which existed or was continuing on the date of the commencement of any Payment Blockage Period with respect to the Designated Senior Indebtedness of the Company initiating such Payment Blockage Period shall be, or be made, the basis of the commencement of a subsequent Payment Blockage Period by the Representative of such Designated Senior Indebtedness Indebtedness, whether or not within a period of 360 consecutive days, unless such default or event of default shall have been cured or waived for a period of not less than 90 consecutive days.