Common use of Obligation of the Company Unconditional Clause in Contracts

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture is intended to or shall impair, as between the Company and the holders of the Securities of each series, the obligation of the Company, which is absolute and unconditional, to pay to such holders the principal of and interest on such Securities of each series when, where and as the same shall become due and payable, all in accordance with the terms of such Securities, or is intended to or shall affect the relative rights of such holders and creditors of the Company other than the holders of the Senior Indebtedness of the Company, nor shall anything herein or therein prevent the Trustee or the holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness of the Company in respect of cash, property, or securities of the Company received upon the exercise of any such remedy.

Obligation of the Company Unconditional. Nothing contained in this Article 11 or elsewhere in this Indenture is intended to or shall impair, as between the Company and the holders Holders of the Securities of each seriesSecurities, the obligation of the Company, which is absolute and unconditional, to pay to such holders the principal Holders of the Securities the Principal and interest on such the Securities of each series when, where and as the same shall become due and payable, all in accordance with the terms of such Securitiesthe Securities and this Indenture, or is intended to or shall affect the relative rights of such holders the Holders of the Securities and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyIndebtedness, nor shall anything herein or therein prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default an Event of Default under this Indenture, subject to the rights, if any, under this Article 11 of the holders of Senior Indebtedness of the Company in respect of cash, property, or securities of the Company received upon the exercise of any such remedy.

Obligation of the Company Unconditional. Nothing contained in this Article 12 or elsewhere in this Indenture is intended to or shall impair, as between the Company and the holders Holders of the Securities of each seriesNotes, the obligation of the Company, which is absolute and unconditional, to pay to such holders the Holders of the Notes the principal of and interest on such Securities of each series the Notes when, where and as the same shall become due and payable, all in accordance with the terms of such Securitiesthe Notes and this Indenture, or is intended to or shall affect the relative rights of such holders the Holders of the Notes and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyIndebtedness, nor shall anything herein or therein prevent the Trustee or the holder Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default an Event of Default under this Indenture, subject to the rights, if any, under this Article 12 of the holders of Senior Indebtedness of the Company in respect of cash, property, or securities of the Company (other than shares of the Company’s Common Stock issued upon conversion of the Notes as contemplated herein) received upon the exercise of any such remedy.

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture is intended to or shall impair, as between the Company and the holders of the Securities of each series, the obligation of the Company, which is absolute and unconditional, to pay to such holders the principal of and interest on such Securities of each series when, where and as the same shall become due and payable, all in accordance with the terms of such Securities, or is intended to or shall affect the relative rights of such holders and creditors of the Company other than the holders of the Senior Priority Indebtedness of the Company, nor shall anything herein or therein prevent the Trustee or the holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Priority Indebtedness of the Company in respect of cash, property, or securities of the Company received upon the exercise of any such remedy.

Obligation of the Company Unconditional. Nothing contained in this Article Fourteen or elsewhere in this Indenture is intended to or shall impair, as between the Company and the holders of the Securities of each series, the obligation of the Company, which is absolute and unconditional, to pay to such holders the principal of and interest on such Securities of each series when, where and as the same shall become due and payable, all in accordance with the terms of such Securities, or is intended to or shall affect the relative rights of such holders and creditors of the Company other than the holders of the Senior Indebtedness of the Company, nor shall anything herein or therein prevent the Trustee or the holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article Fourteen of the holders of Senior Indebtedness of the Company in respect of cash, property, or securities of the Company received upon the exercise of any such remedy.

Obligation of the Company Unconditional. Nothing contained in --------------------------------------- this Article or elsewhere in this Indenture is intended to or shall impair, as between the Company and the holders of the Securities of each series, the obligation of the Company, which is absolute and unconditional, to pay to such holders the principal of and interest on such Securities of each series when, where and as the same shall become due and payable, all in accordance with the terms of such Securities, or is intended to or shall affect the relative rights of such holders and creditors of the Company other than the holders of the Senior Indebtedness of the Company, nor shall anything herein or therein prevent the Trustee or the holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness of the Company in respect of cash, property, or securities of the Company received upon the exercise of any such remedy.

Obligation of the Company Unconditional. Nothing contained in this Article XIII or elsewhere in this Indenture is intended to or shall impair, as between the Company and the holders Holders of the Securities of each seriesSecurities, the obligation of the Company, which is absolute and unconditional, to pay to such holders the principal Holders of the Securities the Principal and interest on such the Securities of each series when, where and as the same shall become due and payable, all in accordance with the terms of such Securitiesthe Securities and this Indenture, or is intended to or shall affect the relative rights of such holders the Holders of the Securities and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyIndebtedness, nor shall anything herein or therein prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default an Event of Default under this Indenture, subject to the rights, if any, under this Article XIII of the holders of Senior Indebtedness of the Company in respect of cash, property, or securities of the Company received upon the exercise of any such remedy.

Obligation of the Company Unconditional. Nothing contained in this Article 12 or elsewhere in this Indenture is intended to or shall impair, as between the Company and the holders Holders of the Securities of each seriesNotes, the obligation of the Company, which is absolute and unconditional, to pay to such holders the Holders of the Notes the principal of and interest on such Securities of each series the Notes when, where and as the same shall become due and payable, all in accordance with the terms of such Securitiesthe Notes and this Indenture, or is intended to or shall affect the relative rights of such holders the Holders of the Notes and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyIndebtedness, nor shall anything herein or therein prevent the Trustee or the holder Holder of any Security Note from exercising all remedies otherwise permitted by applicable law upon default an Event of Default under this Indenture, subject to the rights, if any, under this Article 12 of the holders of Senior Indebtedness of the Company in respect of cash, property, or securities of the Company received upon the exercise of any such remedy.

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between among the Company and Company, its creditors other than the holders of Senior Indebtedness and the Securities of each seriesHolders, the obligation of the Company, which is absolute and unconditional, to pay to such holders the Holders the principal of and interest on such the Securities of each series when, where as and as when the same shall become due and payable, all payable in accordance with the terms of such Securitiestheir terms, or is intended to or shall affect the relative rights of such holders the Holders and creditors of the Company other than the holders of the Senior Indebtedness of the CompanyIndebtedness, nor shall anything herein or therein prevent the Trustee or the holder of any Security Holder from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness of the Company in respect of cash, property, property or securities of the Company received upon the exercise of any such remedy.

Obligation of the Company Unconditional. Nothing contained in this Article or elsewhere in this Indenture is intended to or shall impair, as between the Company and the holders Holders of the Securities of each series, the obligation of the Company, which is absolute and unconditional, to pay to such holders Holders the principal of and interest on such Securities of each series when, where and as the same shall become due and payable, all in accordance with the terms of such Securities, or is intended to or shall affect the relative rights of such holders Holders and creditors of the Company other than the holders Holders of the Senior Indebtedness of the Company, nor shall anything herein or therein prevent the Trustee or the holder Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article of the holders of Senior Indebtedness of the Company in respect of cash, property, property or securities of the Company received upon the exercise of any such remedy.