Common use of Payments Otherwise Permitted Clause in Contracts

Payments Otherwise Permitted. Nothing contained in this Article XI or elsewhere in this Agreement or in the Notes shall prevent the Company, at any time except during the pendency of any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshalling of assets and liabilities of the Company referred to in Section 11.02 or under the conditions described in Section 11.03, from making payments at any time of the Subordinated Debt.