Common use of Provisions Solely to Define Relative Rights Clause in Contracts

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Issuer, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the Issuer, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer of the Holders of the Securities and creditors of the Issuer other than the holders of Senior Debt; or (c) 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 Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article XIV are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XIV or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and of, premium, if any) any and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder of any Security Securities from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XIV of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest (including Liquidated Damages, if any) on the Securities as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (ciii) 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 Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) 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 Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer of Company or the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (ciii) 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 Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder. Section 1207.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders holders of the Securities Subordinated Indebtedness on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this the Subordinated Indenture or in the any Securities is intended to or shall (a) impair, as among between the Issuer, its creditors other than Company and the holders of Senior Debt and the Holders of the SecuritiesSubordinated Indebtedness, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders holders of the Securities the principal of (and premium, if any, on) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) prevent the Trustee or the Holder holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this the Subordinated Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderIndebtedness.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities Debentures on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this the Indenture or in the Securities Debentures is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the SecuritiesDebentures, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities Debentures the principal of (and premium, if any) , and interest on the Securities Debentures as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities Debentures and creditors of the Issuer Company other than the holders of Senior Debt; or (c) prevent the Trustee or the Holder of any Security Debenture from exercising all remedies otherwise permitted by applicable law upon default under this the Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (ciii) 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 Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the Issuer, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any, on) and interest interest, if any, on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderIndebtedness.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Subordinated Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) prevent the Trustee or the Holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Subordinated Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) any premium and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) 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 Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer of Company or the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 Debt Indebtedness to receive cash, property and securities distributions otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are 14 are, and are intended solely solely, for the ---------- purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article 14 or elsewhere in this Indenture or in the Securities ---------- is intended to or shall will (ai) impair, as among between the Issuer, its creditors other than holders of Senior Debt Company and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any, on) and interest on the Securities as and when the same shall will become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (ciii) 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 14 of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.Indebtedness. ----------

Provisions Solely to Define Relative Rights. The provisions of this Article 15 are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article 15 or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the Issuer, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any, on) and interest interest, if any, on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 16 of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderIndebtedness.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (and premiumincluding Special Interest, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) 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 Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) , and interest on the Securities as and when the same shall become due and payable in accordance with their terms; , or (b) affect the relative rights against the Issuer of Company or the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; Indebtedness, or (c) 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 Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and of, premium, if any) , and interest Liquidated Damages, if any, on the Securities as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (ciii) 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 Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article 12 are and are intended solely for the purpose of defining the relative rights of the Holders of the Capital Securities of each series on the one hand and the holders of Senior Debt Creditors on the other hand. Nothing contained in this Article or elsewhere in this Capital Securities Indenture or in the such Capital Securities is intended to or shall (a) impair, as among the Issuer, its creditors other than holders of Senior Debt Company and the Holders of the Capital Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders holders of the Securities such claims the principal of (and of, premium, if any) , and interest Payments, or Missed Payments, if any, on the such Capital Securities as and when the same shall become due and payable in accordance with their termsterms and this Capital Securities Indenture; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer other than the holders of Senior Debtsuch Capital Securities; or (c) prevent the Trustee or the Holder of any Security Capital Securities of the series from exercising all remedies otherwise permitted by applicable law upon default under this Capital Securities Indenture, subject to the rights, if any, under this Article of the holders of Senior Debt Creditors to receive cash, property and or securities otherwise payable or deliverable to the Trustee or such Holderholder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities Notes is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the SecuritiesNotes, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities Notes the principal of (and premium, if any (including the Make-Whole Payment, if any) ), and interest on the Securities Notes as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and other creditors of the Issuer Company (other than the holders of Senior Debt); or (ciii) prevent the Trustee or the any 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 Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article 15 are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article 15 or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the Issuer, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any, on) and interest interest, if any, on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 15 of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderIndebtedness.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its the creditors of the Company other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, unconditional to pay to the Holders of the Securities the principal of (and of, premium, if any) , and interest (including Liquidated Damages) on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) 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 84 92 Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the Issuer, Company its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (c) 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 Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (bii) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior Debt; or (ciii) 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 -77- this Article of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the IssuerCompany, which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer of Company or the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.

Provisions Solely to Define Relative Rights. The provisions of this Article 16 are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article 16 or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as among the IssuerCompany, its creditors other than holders of Senior Debt Indebtedness and the Holders of the Securities, the obligation of the Issuer, Company which is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, if any, on) and interest interest, if any, on the Securities as and when the same shall become due and payable in accordance with their terms; or (b) affect the relative rights against the Issuer Company of the Holders of the Securities and creditors of the Issuer Company other than the holders of Senior DebtIndebtedness; or (c) 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 16 of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderIndebtedness.