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 Debentures 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 Debentures is intended to or shall (a) impair, as between the Company and the Holders of the Debentures, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures as and when the same shall become due and payable in accordance with their terms, or (b) affect the relative rights against the Company of the Holders of the Debentures and creditors of the Company other than their rights in relation to the holders of Senior Debt, or (c) prevent the Trustee or the Holder of any Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any Proceeding, 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 Debentures 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 Debentures is intended to or shall (a) impair, as between the Company and the Holders of the Debentures, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures the principal of (and premium, if any) and interest (including any Additional Interest, if any) on the Debentures as and when the same shall become due and payable in accordance with their terms, or (b) affect the relative rights against the Company of the Holders of the Debentures and creditors of the Company other than their rights in relation to the holders of Senior Debt, or (c) prevent the Trustee or the Holder of any Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture Indenture, including, without limitation, filing and voting claims in any Proceeding, 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 ARTICLE XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Debentures Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article ARTICLE XII or elsewhere in this Indenture or in the Debentures Securities is intended to or shall (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) any premium and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, or (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, Debt or (c) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article ARTICLE XII 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 XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Debentures Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XIII or elsewhere in this Indenture or in the Debentures Securities is intended to or shall (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, or ; (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XIII 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 Debentures 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 Debentures is intended to or shall (ai) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the Debentures, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Debentures the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures as and when the same shall become due and payable in accordance with their terms, or ; (bii) affect the relative rights against the Company of the Holders of the Debentures and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (ciii) prevent the Trustee or the Holder of any Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any ProceedingIndenture, 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 XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Debentures Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XIII or elsewhere in this Indenture or in the Debentures Securities is intended to or shall (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, terns; or (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, ; or (c) prevent the Trustee or the Holder of any Debenture Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XIII 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 Debentures Debt 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 Debentures Debt Securities is intended to or shall (a) impair, as between the Company Issuer and the Holders of the DebenturesDebt Securities, the obligations of the CompanyIssuer, which are absolute and unconditional, to pay to the Holders of the Debentures Debt Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Debt Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company Issuer of the Holders of the Debentures Debt Securities and creditors of the Company Issuer other than their rights in relation to the holders of Senior Debt, ; or (c) prevent the Trustee or the Holder of any Debenture Debt Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any Proceeding, 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 Debentures 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 Debentures Securities is intended to or shall (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, ; or (c) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Capital Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, 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 XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Debentures Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XIII or elsewhere in this Indenture or in the Debentures Securities is intended to or shall (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, or ; (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XIII 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 XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Debentures Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XIII or elsewhere in this Indenture or in the Debentures Securities is intended to or shall (a) impair, as between the Company Corporation and the Holders of the DebenturesSecurities, the obligations of the CompanyCorporation, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, or ; (b) affect the relative rights against the Company Corporation of the Holders of the Debentures Securities and creditors of the Company Corporation other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XIII 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 XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Debentures Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XIII or elsewhere in this Indenture or in the Debentures Securities is intended to or shall (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XIII 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 Debentures 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 Debentures Securities is intended to or shall (a) impair, as between among the Company or any Guarantor, as applicable, its creditors other than holders of Senior Debt and the Holders of the DebenturesSecurities with the Guarantees endorsed thereon, the obligation of the Company or any Guarantor, as applicable, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company, which are absolute and unconditional), to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company or any Guarantor, as applicable, of the Holders of the Debentures Securities and creditors of the Company or any Guarantor, as applicable, other than their rights in relation to the holders of Senior Debt, ; or (c) prevent the Trustee or the Holder of any Debenture Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any ProceedingIndenture, 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 Debentures 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 Debenture or in the Debentures is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the Debentures, the obligations obligation of the Company, which are is absolute and unconditional, unconditional to pay to the Holders of the Debentures the principal of (and any premium, if any) and interest (including any Additional Interest) on the Debentures as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Debentures and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any ProceedingDebentures, subject to the rights, if any, under this Article VI of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or Holder upon the exercise of any such Holderremedy.

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 Debentures 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 Debentures Securities is intended to or shall (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, or (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior DebtIndebtedness, or (c) prevent the Trustee or the Holder of any Debenture Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any Proceeding, 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 Debentures 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 Debentures Securities is intended to or shall (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, ; or (c) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Capital Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any Proceeding, 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 Debentures 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 Debentures is intended to or shall (a) impair, as between the Company and the Holders of the Debentures, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures as and when the same shall become due and payable in accordance with their terms, or (b) affect the relative rights against the Company of the Holders of the Debentures and creditors of the Company other than their rights in relation to the holders of Senior Debt, or (c) prevent the Trustee or the Holder of any Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Subordinated Indenture including, without limitation, filing and voting claims in any Proceeding, 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 Debentures 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 Debentures Securities is intended to or shall (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article of the holders of Senior Debt Indebtedness to receive cash, securities and other 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 Debentures 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 Debentures Securities is intended to or shall shall: (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the DebenturesSecurities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and of, premium, if any) any and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, or ; (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Securities from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any ProceedingIndenture, 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 XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Debentures Securities on the one hand and the holders of Senior Debt of the Corporation on the other hand. Nothing contained in this Article XIII or elsewhere in this Indenture or in the Debentures Securities is intended to or shall (ai) impair, as between the Company Corporation and the Holders of the Debentures, Securities the obligations of the Company, Corporation which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, or (bii) affect the relative rights against the Company Corporation of the Holders of the Debentures Securities and creditors of the Company Corporation other than their rights in relation to the holders of Senior Debt, Debt of the Corporation or (ciii) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Trust Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XIII of the holders of Senior Debt of the Corporation 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 XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Debentures on the one hand and the holders of Senior Debt Secured Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Debentures is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Secured Indebtedness and the Holders of the Debentures, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Debentures the principal of (and of, premium, if any) any and interest (including any Additional Interest) on the Debentures as and when the same shall become due and payable in accordance with their terms, or ; (b) affect the relative rights against the Company of the Holders of the Debentures and creditors of the Company other than their rights in relation to the holders of Senior Debt, Secured Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Debentures from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any ProceedingIndenture, subject to the rights, if any, under this Article XII of the holders of Senior Debt Secured 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 Debentures 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 Debentures Securities is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the DebenturesSecurities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and of, premium, if any) any and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, or ; (b) affect the relative rights against the Company Compa- ny of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Securities from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any ProceedingIndenture, 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 Debentures 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 Debentures Securities is intended to or shall (a) impair, as between the Company Bank and the Holders of the DebenturesSecurities, the obligations of the CompanyBank, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company Bank of the Holders of the Debentures Securities and creditors of the Company Bank other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Capital Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, 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 10 are and are intended solely for the purpose of defining the relative rights of the Holders of the Debentures Notes on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article 10 or elsewhere in this Indenture or in the Debentures Notes is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the DebenturesNotes, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Debentures Notes the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Notes as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Debentures Notes and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Notes from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any ProceedingIndenture, subject to the rights, if any, under this Article 10 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 XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Debentures Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XIII or elsewhere in this Indenture or in the Debentures Securities is intended to or shall (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, or ; (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, 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 Debentures 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 Debentures is intended to or shall (a) impair, -69- 77 as between the Company and the Holders of the Debentures, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures as and when the same shall become due and payable in accordance with their terms, or (b) affect the relative rights against the Company of the Holders of the Debentures and creditors of the Company other than their rights in relation to the holders of Senior Debt, or (c) prevent the Trustee or the Holder of any Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any Proceeding, 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 XIII are, and are intended solely for for, the purpose of defining the relative rights of the Holders of the Debentures Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XIII or elsewhere in this Indenture or in the Debentures Securities is intended to or shall (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, or ; (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XIII 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. 133 The provisions of this Article XIV are and are intended solely for the purpose of defining the relative rights of the Holders of the Debentures 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 Debentures Securities is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the DebenturesSecurities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and of, premium, if any) any and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, or ; (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Securities from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any ProceedingIndenture, 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 Debentures 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 Debentures is intended to or shall (a) impair, as between the Company and the Holders of the Debentures, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures as and when the same shall become due and payable in accordance with their terms, or (b) affect the relative rights against the Company of the Holders of the Debentures and creditors of the Company other than their rights in relation to the holders of Senior Debt, or (c) prevent the Trustee or the Holder of any Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any Proceeding, 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 Debentures 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 Debentures Securities is intended to or shall shall: (a) impair, as between the Company and the Holders of the DebenturesSecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures Securities the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Debentures Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt, Indebtedness; or (c) prevent the Trustee or the Holder of any Debenture Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture includingIndenture, without limitation, including filing and voting claims in any Proceeding, 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 Debentures on the one hand and the holders of Senior Debt Secured Indebtedness on the other hand. Nothing contained in this Article or elsewhere in this Indenture or in the Debentures is intended to or shall (a) impair, as between the Company and the Holders of the Debentures, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Debentures the principal of (and premium, if any) and interest (including any Additional Interest) on the Debentures as and when the same shall become due and payable in accordance with their terms, or (b) affect the relative rights against the Company of the Holders of the Debentures and creditors of the Company other than their rights in relation to the holders of Senior DebtSecured Indebtedness, or (c) prevent the Trustee or the Holder of any Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture including, without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article of the holders of Senior Debt Secured Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.