Common use of Rights of Trustee and Paying Agent Clause in Contracts

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A Guarantor, the Registrar or co-registrar, a Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that under this Article 10 would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 1210. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may the Company shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article 12 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and any Paying Agent may continue to make payments on the Securities, unless the Trustee shall have received at the Corporate Trust Office of the Trustee at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Securities and to violate this Article or a Responsible Officer of the Trustee otherwise has actual knowledge of such facts. Only the Company or a Representative may give the notice, such notice from the Company to be in the form of an Officers’ Certificate. Notwithstanding the provisions of this Article 12 or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit permit the making resumption of any such payments unless, not less than two Business Days prior on or distributions in respect of the Securities or the acquisition of the Securities by the Company unless the Trustee shall have received an Officers’ Certificate or a notice from a Representative to the date of effect that such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A Guarantor, the Registrar or co-registrar, a Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holderresumption is permitted. Nothing in this Article 12 shall apply to impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 8.7 hereof. The Trustee in its individual or any other Section of this Indenturecapacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may continue to make payments on the Securities any Subsidiary Guarantee and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two one Business Days Day prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12Twelve. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a any Guarantor has a Representative, only the Representative may give the notice. The Subject to the provisions of the TIA, the Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Twelve with respect to any Senior Indebtedness of a Guarantor which that may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Twelve shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1210. A GuarantorThe Issuers, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of either Issuer's Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of either of the Issuer's Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor either of the Issuers with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any either of the Issuer's Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any the Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Subsidiary Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Subsidiary Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Subsidiary Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Subsidiary Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Sections 10.02 and 10.03, the Trustee or any Paying Agent may continue to make payments on the Subordinated Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A GuarantorX. The Issuers, the Registrar or co-registrarRegistrar, a any Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the noticenotice on behalf of the holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all of the rights set forth in this Article 12 X with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any the Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities any Subsidiary Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 1211. A The Company, the relevant Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a such Subsidiary Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a any Subsidiary Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a any Subsidiary Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 11 with respect to any Senior Indebtedness of a any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 VII of the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this the Indenture.

Rights of Trustee and Paying Agent. (a) Notwithstanding Section 12.03the provisions of this Article X or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts which would prohibit the making of any payment or distribution by the Trustee, or the taking of any action by the Trustee, and the Trustee or Paying Agent may continue to make payments on the Securities and unless it shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two have received at its Corporate Trust Office at least five Business Days prior to the date of such payment, a Trust Officer of the Trustee receives payment written notice satisfactory of facts that would cause the payment of any Obligations with respect to it that payments may the Securities to violate this Article, which notice, unless specified by a holder of Senior Debt as such, shall not be made under this Article 12deemed to be a Payment Notice. A Guarantor, The Trustee may conclusively rely on such notice believed by it in good faith to be genuine. Only the Registrar or co-registrar, a Paying Agent, a Representative Company or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative Debt may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with As between the same rights it would have if it were not Company and the Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth , nothing in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 X shall apply to amounts due to, or impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 hereof. (b) The Trustee in its individual or any other Section capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights. (c) The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt of the Company and shall not be liable to any such holder for any action it takes or omits to take within the rights or powers conferred upon it by this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03 of the Indenture, the Trustee or any Paying Agent may shall continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that under this Article X would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 12. A GuarantorX. The Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may the Company shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 X with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 VII of the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this the Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.03, the Trustee or any Paying Agent may continue to make payments on the Securities any Subsidiary Guaranty and shall not not, absent gross negligence or bad faith, be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12XI. A The Company, the relevant Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative an authorized representative or a holder of Designated Senior Indebtedness Debt of a any Subsidiary Guarantor may give the notice; provided, however, that that, if an issue any Designated Senior Debt of Senior Indebtedness of a any Subsidiary Guarantor has a Representativean authorized representative, only the Representative such authorized representative may give the notice. The Trustee in its individual or any other capacity may hold Designated Senior Indebtedness of a Guarantor Debt with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XI with respect to any Designated Senior Indebtedness Debt of a any Subsidiary Guarantor which that may at any time be held by it, to the same extent as any other holder of Designated Senior Indebtedness of such GuarantorDebt; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XI shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section Sections 12.02 and 12.03, the Trustee or any Paying Agent paying agent may continue to make payments on the Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer responsible officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12XII. A GuarantorThe Partnership, the Registrar or co-registrarRegistrar, a Paying Agentany paying agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XII with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may continue to make payments on the Securities any Subsidiary Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A The Company, the relevant Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness Debt of a any Subsidiary Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness Debt of a any Subsidiary Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor Debt with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness Debt of a any Subsidiary Guarantor which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorDebt; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Subject to the terms of the Intercreditor Deed, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice in writing reasonably satisfactory to it that payments may not be made under this Article 12. A Guarantor, 12 or the Registrar or co-registrar, a Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the noticeIntercreditor Deed. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a the Senior Subordinated Subsidiary Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 and the Intercreditor Deed with respect to any Senior Indebtedness of a the Senior Subordinated Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such the Senior Subordinated Subsidiary Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. The Guarantor shall give prompt written notice to the Trustee of any fact known to the Guarantor which would prohibit the making of any payment to or by the Trustee in respect of the Guaranteed Obligations. Notwithstanding Section 12.032.3 above, the Trustee or any Paying Agent may continue to make payments on the Securities Guaranteed Obligations and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two one Business Days Day prior to the date of such payment, a Trust Officer of the Trustee receives written actual notice satisfactory to it that payments may not be made under this Article 12II. A The Guarantor, the Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor Debt may give the such notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor Debt has a Representative, only the such Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor Debt with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 II with respect to any Senior Indebtedness of a Guarantor Debt which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorDebt; and nothing in Article 7 VII of the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 II shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this the Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two one Business Days Day prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A GuarantorX. The Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 X with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of 7.7. Each Paying Agent shall have the same rights and obligations under this IndentureArticle X as does the Trustee.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1210. A GuarantorThe Issuers, the Registrar or co-registrarRegistrar, a any Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor the Issuers may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor the Issuers has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor the Issuers with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor the Issuers which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12Twelve. A Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Guarantor Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Guarantor Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Guarantor Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Twelve with respect to any Guarantor Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 Twelve shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Twelve shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture8.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.037.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12Seven. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Seven with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Seven shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture8.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A GuarantorX. The Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a or Guarantor Senior Indebtedness may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a or Guarantor Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a or Guarantor Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 X with respect to any Senior Indebtedness of a or Guarantor Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantoror Guarantor Senior Indebtedness; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.7.

Rights of Trustee and Paying Agent. Notwithstanding ---------------------------------- Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A GuarantorX. The Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness Debt of a Guarantor the Company may give the notice; provided, however, that that, if an issue of Senior Indebtedness Debt of a Guarantor the Company has a -------- ------- Representative, only the Representative may give the notice. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Debt of the Company (or a Representative of such holder) to establish that such notice has been given by a holder of such Senior Debt of the Company or Representative thereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 X with respect to any Senior Indebtedness Debt of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness Debt of such Guarantorthe Company; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A GuarantorX. The Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; providedPROVIDED, howeverHOWEVER, that that, if the holders of an issue of Senior Indebtedness of a Guarantor has the Company have a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 X with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such Guarantor; Indebtedness, and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.03, the Trustee or any Paying Agent paying agent may continue to make payments on the Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it the Trustee that payments may not be made under this Article 1211. A GuarantorThe Issuers, the Registrar or co-registrar, a Paying any Agent, a any Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor has a Representativetrustee or other representative, only the Representative such trustee or other similar representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Any Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 11 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03 hereof, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it him that payments may not be made under this Article 12Fifteen. A Guarantor, the Registrar or co-registrarNote Registrar, a the Paying Agent, a Representative or a holder of Senior Designated First Lien Indebtedness of a such Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Designated First Lien Indebtedness of a such Guarantor has a Representative, only the such Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Designated First Lien Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Note Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Fifteen with respect to any Senior Designated First Lien Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorDesignated First Lien Indebtedness; and nothing in Article 7 Five shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Fifteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 607 hereof or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.032.3 hereof, the Trustee or any Paying Agent may continue to make payments on the Securities Guaranteed Obligations and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two three Business Days prior to the date of such payment, a Trust Officer at the Corporate Trust Office of the Trustee receives written notice satisfactory to it him that payments may not be made under this Article 12II. A The Parent Guarantor, the Registrar or co-registrarIssuer, a the Registrar, the Paying Agent, a Representative or a holder of Senior Indebtedness of a the Parent Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a the Parent Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a the Parent Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 II with respect to any Senior Indebtedness of a Guarantor the Issuer which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 of the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 II shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 of the Indenture or any other Section of this the Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.033.3, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two one Business Days Day prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12III. A The Guarantor, the Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a the Company or Guarantor Senior Indebtedness may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a the Company or Guarantor Senior Indebtedness has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Guarantor Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 III with respect to any Guarantor Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 VII of the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 III shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section 7.7 of the Indenture. Each Paying Agent shall have the same rights and obligations under this IndentureArticle III as does the Trustee.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0318.03, the Trustee or any the Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1218. A Note Guarantor, the Note Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Note Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Note Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Note Guarantor with the same rights it would have if it were not Trustee. The Note Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 18 with respect to any Senior Indebtedness of a Note Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Note Guarantor; and nothing in Article 7 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 18 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 8.06 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities any Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 12. A The Company, the relevant Guarantor, the Registrar or co-co- registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a such Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a any Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a any Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a any Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may continue to make payments on the Securities any Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A The Company, the relevant Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a the relevant Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a any Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0318.03, the Trustee or any the Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1218. A Subsidiary Guarantor, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Subsidiary Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Subsidiary Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Subsidiary Guarantor with the same rights it would have if it were not Trustee. The Note Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 18 with respect to any Senior Indebtedness of a Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Subsidiary Guarantor; and nothing in Article 7 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 18 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 8.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0312.03 hereof, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it him that payments may not be made under this Article 12. A Guarantor, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a such Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a such Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.037.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two one Business Days Day prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12Seven. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; providedPROVIDED, howeverHOWEVER, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. Each Paying Agent shall have the same rights and obligations under this Article Seven as does the Trustee. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Seven with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Seven shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture8.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities any Subsidiary Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 12. A The Company, the relevant Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a such Subsidiary Guarantor may shall be entitled to give the notice; providedPROVIDED, howeverHOWEVER, that that, if an issue of Senior Indebtedness of a any Subsidiary Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a any Subsidiary Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1210. A The Issuer, the Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor Debt may give the notice; provided. Notwithstanding the foregoing, however, that if an issue nothing in this Section 10.08 shall relieve the Holders of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the noticeNotes from their obligations under this Article 10. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor Debt with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor Debt which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorDebt; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that under this Article 10 would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 1210. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may the Company shall be entitled to give the notice; provided, -------- however, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a ------- Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1210. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0315.03, the Trustee or any Paying Agent paying agent may continue to make payments on the Securities any Subsidiary Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee responsible trust officer receives written notice satisfactory to it that payments may not be made under this Article 12XV. A The Company, the relevant Subsidiary Guarantor, the Registrar or co-registrarRegistrar, a Paying Agentany paying agent, a Representative or a holder of Senior Indebtedness of a any Subsidiary Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a any Subsidiary Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XV with respect to any Senior Indebtedness of a any Subsidiary Guarantor which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 XV shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0313.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two one Business Days Day prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12Twelve. A Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Guarantor Senior Indebtedness of a Guarantor may give the notice; providedPROVIDED, howeverHOWEVER, that if an issue of Guarantor Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. Each Paying Agent shall have the same rights and obligations under this Article Thirteen as does the Trustee. The Trustee in its individual or any other capacity may hold Guarantor Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Thirteen with respect to any Guarantor Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 Thirteen shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture8.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0316.03 hereof, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it him that payments may not be made under this Article 12Sixteen. A Guarantor, the Registrar or co-registrarSecurity Registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a such Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a such Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Security Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Sixteen with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 Six shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Sixteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 6.07 hereof or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1210. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative of holders of or a holder or holders holding a majority of Senior Indebtedness of a Guarantor may give the written notice; provided, however, that that, if an issue holders of Senior Indebtedness of a Guarantor has have a Representative, only the such Representative may give the notice. The Trustee Trustee, in its individual or any other capacity capacity, may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Supplemental Indenture or any other provision of the Indenture, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of any facts that would prohibit the making of any such payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments unlessin accordance with the Indenture and the Note Guarantee, not less than two Business Days unless a Trust Officer of the Trustee shall have received at its Corporate Trust Office at least five business days prior to the date of such payment, a Trust Officer of the Trustee receives payment written notice satisfactory of facts that would cause the payment of any obligations with respect to it that payments may not be made under the Note Guarantee to violate this Article 12Section 4. A Guarantor, the Registrar or co-registrar, Only a Paying Agent, a Representative Guaranteeing Subsidiary or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in For purposes of this Section 4.13, "Representative" means, until the Credit Agreement has been terminated, the administrative agent under the Credit Agreement, and thereafter, any authorized representative of the holders of the Senior Guarantees, so long as such representative has provided proof of its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, status as an authorized representative to the same extent as Trustee prior to giving any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holdernotice pursuant to this Section 4.13. Nothing in this Article 12 Section 4 shall apply to impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 of the Indenture. The Trustee in its individual or any other Section of this Indenturecapacity may hold Senior Guarantees with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03 hereof, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it him that payments may not be made under this Article 12Fourteen. A GuarantorThe Company, the Registrar or co-registrarSecurity Registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may the Company shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Security Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Fourteen with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 Six shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 6.07 hereof or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding ----------------------------------- Section 12.03, the Trustee or any the Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Subsidiary Guarantor may give the notice; provided, however, that if an issue of Senior -------- ------- Indebtedness of a Subsidiary Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Subsidiary Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Subsidiary Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article Eleven or any other provision of this Indenture, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of any facts that would prohibit the making of any such payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments unlesson the Notes, not less than two unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment, a Trust Officer of the Trustee receives payment written notice satisfactory of facts that would cause the payment of any Obligations with respect to it that payments may not be made under the Notes to violate this Article 12Eleven. A Guarantor, Only the Registrar or co-registrar, a Paying Agent, a Representative Issuers or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Eleven shall apply to impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other Section capacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights. The Trustee shall not be deemed to owe any fiduciary duty to the holders of Senior Debt and shall not be liable to any such holders if the Trustee shall in good faith mistakenly pay over or distribute to Holders of Notes or to the Issuers or to any other person cash, property or securities to which any holders of Senior Debt shall be entitled by virtue of this IndentureArticle Eleven or otherwise. With respect to the holders of Senior Debt, the Trustee undertakes to perform or to observe only such of its covenants or obligations as are specifically set forth in this Indenture and no implied covenants or obligations with respect to holders of Senior Debt shall be read into this Indenture against the Trustee.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0313.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12Thirteen. A GuarantorThe Company, the Registrar or co-registrarRegistrar, a any Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor the Company may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Thirteen with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 Eight shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Thirteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 8.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.033.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities Subsidiary Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 12III. A The Company, the relevant Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a the Subsidiary Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a the Subsidiary Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a the Subsidiary Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 III with respect to any Senior Indebtedness of a the Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 of the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 III shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this the Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0313.03, the Trustee or any Paying Agent may continue to make payments on pursuant to the Securities Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12XIII. A GuarantorThe Company, the Trustee, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Specified Senior Indebtedness of a Guarantor the Company may give the notice; provided, however, that that, if an issue of Specified Senior Indebtedness of a Guarantor the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Specified Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Specified Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Specified Senior Indebtedness of such Guarantorthe Company; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0312.3, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two one Business Days Day prior to the date of such payment, a Trust Officer of the Trustee receives written notice in writing satisfactory to it that payments may not be made under this Article 12XII. A Each Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Guarantor Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Guarantor Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XII with respect to any Guarantor Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of 7.7. Each Paying Agent shall have the same rights and obligations under this IndentureArticle XII as does the Trustee.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may continue to make payments on the Securities each Note Guarantee and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12XII. A The Company, each Note Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a any Note Guarantor may give the notice; providedPROVIDED, howeverHOWEVER, that that, if an issue of Senior Indebtedness of a any Note Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XII with respect to any Senior Indebtedness of a any Note Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; Indebtedness, and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. holder Nothing in this Article 12 XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. (a) Notwithstanding Section 12.0312.3, the Trustee or any Paying Agent may continue to make payments on the Securities each Note Guarantee and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12XII. A The Company, any Note Guarantor, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a any Note Guarantor may give the notice; provided, however, that that, if an issue of any Senior Indebtedness of a any Note Guarantor has a Representative, only the Representative may give the notice. . (b) The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar Registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XII with respect to any Senior Indebtedness of a any Note Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; Indebtedness, and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities any Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 12. A The Company, the relevant Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a such Guarantor may shall be entitled to give the notice; providedPROVIDED, howeverHOWEVER, that that, if an issue of Senior Indebtedness of a any Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a any Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a any Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may continue to make payments on the Securities any Subsidiary Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A The Company, the relevant Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a any Subsidiary Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a any Subsidiary Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A GuarantorX. The Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; providedPROVIDED, howeverHOWEVER, that that, if the holders of an issue of Senior Indebtedness of a Guarantor has the Company have a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 X with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such Guarantor; Indebtedness, and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. holder Nothing in this Article 12 X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding ----------------------------------- Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1210. A GuarantorThe Company, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor the Company may give the notice; provided, -------- however, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a ------- Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that under this Article 10 would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 1210. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may the Company shall be entitled to give the notice; providedPROVIDED, howeverHOWEVER, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.033.03, the Trustee or any Paying Agent may continue to make payments on the Securities any Subsidiary Guarantee and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 123. A The Company, the relevant Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a any Subsidiary Guarantor may give the notice; providedPROVIDED, howeverHOWEVER, that that, if an issue of Senior Indebtedness of a any Subsidiary Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 3 with respect to any Senior Indebtedness of a any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 of the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 3 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this the Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12XI. A GuarantorThe Issuers, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue the holders of Specified Senior Indebtedness of a Guarantor has the Issuers have a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Specified Senior Indebtedness of a Guarantor the Issuers with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XI with respect to any Specified Senior Indebtedness of a Guarantor the Issuers which may at any time be held by it, to the same extent as any other holder of such Specified Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XI shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. (a) Notwithstanding Section 12.0310.3, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A GuarantorX. The Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if the holders of an issue of Senior Indebtedness of a Guarantor has the Company have a Representative, only the Representative may give the notice. . (b) The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee Trustee, the Registrar, co-Registrar and Paying Agent shall be entitled to all the rights set forth in this Article 12 X with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by itthem, to the same extent as any other holder of such Senior Indebtedness of such Guarantor; Indebtedness, and nothing in Article 7 VII shall deprive the Trustee any of them of any of its their rights as such holderholders. Nothing in this Article 12 X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that under this Article 10 would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 1210. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may the Company shall be entitled to give the notice; providedPROVIDED, howeverHOWEVER, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding ----------------------------------- Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1210. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor Debt may give the notice; provided, however, that that, if an issue -------- ------- of Senior Indebtedness Debt of a Guarantor the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness Debt of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorDebt; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any the Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it from a Responsible Officer that payments may not be made under this Article 12. A Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the written notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the written notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 9 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 9.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities any Guaranty and shall not be charged with knowledge of the existence of facts that under this Article 12 would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 12. A The Company, the relevant Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a such Guarantor may shall be entitled to give the notice; providedPROVIDED, howeverHOWEVER, that that, if an issue of Senior Indebtedness of a any Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a any Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a any Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.038.03, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it from a Responsible Officer that payments may not be made under this Article 128. A GuarantorThe Company, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor the Company may give the written notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a Representative, only the Representative may give the written notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 8 with respect to any Senior Indebtedness of a Guarantor which the Company that may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 9 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 8 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 9.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0316.03, the Trustee or any Paying Agent paying agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1216. A GuarantorThe Company, the Registrar or co-registrarNote Registrar, a Paying Agentthe paying agent, a Representative or a holder of Senior Indebtedness of a Guarantor the Company (as identified by the Company) may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Note Registrar and co-registrar and any Paying Agent the paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 16 with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 16 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 8.06 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities Parent Guaranty and any Subsidiary Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 12. A The Company, Parent, the relevant Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Parent or such Subsidiary Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Parent or any Subsidiary Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Parent or any Subsidiary Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Parent or any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Article 11.3 hereof, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it him that payments may not be made under this Article 12XI. A Guarantor, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Designated Senior Indebtedness of a such Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Designated Senior Indebtedness of a such Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Designated Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XI with respect to any Designated Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of such Designated Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XI shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 7.7 hereof or any other Section of this Indenture.

Rights of Trustee and Paying Agent. (a) Notwithstanding Section 12.0310.3, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A GuarantorX. The Company, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if the holders of an issue of Senior Indebtedness of a Guarantor has the Company have a Representative, only the Representative may give the notice. . (b) The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar Registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 X with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such Guarantor; Indebtedness, and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article 10 or any other provision of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit the making of any payment or distribution by the Trustee, and the Trustee and any Paying Agent may continue to make payments on the Securities, unless the Trustee shall have received at the Corporate Trust Office of the Trustee at least five Business Days prior to the date of such payment written notice of facts that would cause the payment of any Obligations with respect to the Securities and to violate this Article or a Responsible Officer of the Trustee otherwise has actual knowledge of such facts. Only the Company or a Representative may give the notice, such notice from the Company to be in the form of an Officer’s Certificate. Notwithstanding the provisions of this Article 10 or any other provisions of this Indenture, the Trustee shall not be charged with knowledge of the existence of any facts that would prohibit permit the making resumption of any such payments unless, not less than two Business Days prior on or distributions in respect of the Securities or the acquisition of the Securities by the Company unless the Trustee shall have received an Officer’s Certificate or a notice from a Representative to the date of effect that such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A Guarantor, the Registrar or co-registrar, a Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holderresumption is permitted. Nothing in this Article 12 10 shall apply to impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other Section of this Indenturecapacity may hold Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.031203, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer trust officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12Twelve. A GuarantorThe Company, the Registrar or co-co- registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue issuer of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Twelve with respect to any Senior Indebtedness of a Guarantor Indebtedness, which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 Six shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Twelve shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this IndentureArticle Six.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.033.03, the Trustee or any Paying Agent may continue to make payments on the Securities any Subsidiary Guarantee and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 123. A The Company, the relevant Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a any Subsidiary Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a any Subsidiary Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 3 with respect to any Senior Indebtedness of a any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 of the Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 3 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this the Indenture.

Rights of Trustee and Paying Agent. (a) Notwithstanding Section 12.0312.3, the Trustee or any Paying Agent may continue to make payments on the Securities each Note Guarantee and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12XII. A GuarantorThe Company, each Restricted Subsidiary, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor any Restricted Subsidiary may give the notice; provided, however, that that, if an issue of any Senior Indebtedness of a Guarantor any Restricted Subsidiary has a Representative, only the Representative may give the notice. . (b) The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee Trustee, the Registrar, co-Registrar and Paying Agent shall be entitled to all the rights set forth in this Article 12 XII with respect to any Senior Indebtedness of a Guarantor any Restricted Subsidiary which may at any time be held by itany of them, to the same extent as any other holder of Senior Indebtedness of such Guarantor; Indebtedness, and nothing in Article 7 VII shall deprive the Trustee any of them of any of its their rights as such holderholders. Nothing in this Article 12 XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0312.3, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice in writing satisfactory to it that payments may not be made under this Article 12XII. A Each Subsidiary Guarantor, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Guarantor Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Guarantor Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XII with respect to any Guarantor Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article 10 or any other provision of this Indenture, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of any facts that would prohibit the making of any such payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments unlesson the Notes, not less than two unless the Trustee shall have received at the Corporate Trust Administration Office of the Trustee at least five Business Days prior to the date of such payment, a Trust Officer of the Trustee receives payment written notice satisfactory (which may be via facsimile) of facts that would cause the payment of any Obligations with respect to it that payments may not be made under the Notes to violate this Article 1210. A Guarantor, Only the Registrar Company or co-registrar, a Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give previously identified by the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only Company to the Representative Trustee pursuant to Section 10.10 may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof. The Trustee in its individual or any other Section capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights. Any Holder or any Affiliate of this Indentureany Holder may hold Senior Indebtedness with the same rights it would have if it were not a Holder or an Affiliate of a Holder.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may continue to make demand payments on the Securities each Guarantee and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to from a holder of Designated Senior Indebtedness that it that payments may not be made is exercising its rights under this Article 12Section 12.03. A The Issuer, each Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a any Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a any Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a any Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a any Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; Indebtedness, and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03 hereof, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it him that payments may not be made under this Article 1210. A GuarantorThe Issuers, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may the Issuers shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor the Issuers has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Guarantor the Issuers with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor the Issuers which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 hereof or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding ---------------------------------- Section 12.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12XII. A Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness Debt of a Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness Debt of a Guarantor has a -------- ------- Representative, only the Representative may give the notice. The Trustee shall be entitled to rely on the delivery to it of a written notice by a Person representing himself or itself to be a holder of any Senior Debt of a Guarantor (or a Representative of such holder) to establish that such notice has been given by a holder of such Senior Debt or Representative thereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XII with respect to any Senior Indebtedness Debt of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness Debt of such Guarantor; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that under this Article 10 would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 1210. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may the Company shall be entitled to give the notice; providedPROVIDED, howeverHOWEVER, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1210. A GuarantorThe Company, the Registrar or co-registrarcoregistrar, a the Paying Agent, a Representative of holders of or a holder of or holders holding a majority of, Senior Indebtedness of a Guarantor may give the written notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar coregistrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1210. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; providedPROVIDED, howeverHOWEVER, that that, if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03SECTION 10.3, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice in writing satisfactory to it that payments may not be made under this Article 12. A GuarantorARTICLE X. The Company, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; providedPROVIDED, howeverHOWEVER, that that, if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 ARTICLE X with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 ARTICLE VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 ARTICLE X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this IndentureSECTION 7.7.

Rights of Trustee and Paying Agent. The Company shall give prompt written notice to the Trustee of any fact known to the Company that would prohibit the making of any payment to or by the Trustee in respect of the Securities. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 1210. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity capa city may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.031403 hereof, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it him that payments may not be made under this Article 12Fifteen. A Guarantor, the Registrar or co-registrarNote Registrar, a the Paying Agent, a Representative or a holder of Senior Designated First Lien Indebtedness of a such Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Designated First Lien Indebtedness of a such Guarantor has a Representative, only the such Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Designated First Lien Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Note Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Fifteen with respect to any Senior Designated First Lien Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorDesignated First Lien Indebtedness; and nothing in Article 7 Five shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Fifteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 607 hereof or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12Ten. A GuarantorThe Issuers, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor the Issuers may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor the Issuers has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor the Issuers with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Ten with respect to any Senior Indebtedness of a Guarantor the Issuers which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.02 and Section 12.03, the Trustee or any Paying Agent paying agent may continue to make payments on the Subordinated Debt Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer responsible officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12XII. A GuarantorThe Issuers, the Registrar or co-registrarRegistrar, a Paying Agentany paying agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the noticenotice on behalf of the Holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent paying agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XII with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 XII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any the Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.037.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two one Business Days Day prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12Seven. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. Each Paying Agent shall have the same rights and obligations under this Article Seven as does the Trustee. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Seven with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Seven shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.8.07. 44 -43-

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Sections 10.02 and 10.03, the Trustee or any Paying Agent may continue to make payments on the Subordinated Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A GuarantorX. The Partnership, the Registrar or co-registrarRegistrar, a any Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the noticenotice on behalf of the holders of the Senior Indebtedness of that issue. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all of the rights set forth in this Article 12 X with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0312.3, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice in writing satisfactory to it that payments may not be made under this Article 12XII. A Each Subsidiary Guarantor, the Registrar or co-registrarCompany, a the Registrar, the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that that, if an issue of Guarantor Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Guarantor Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XII with respect to any Guarantor Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Guarantor Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may shall continue to make payments on the any Securities Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Responsible Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 12. A The relevant Securities Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a such Securities Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a any Securities Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a any Securities Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a any Securities Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may continue to make payments on the Securities any Subsidiary Guaranty and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory as specified in the following sentence to it that payments may not be made under this Article 12. A The Company, the relevant Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a any Subsidiary Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness of a any Subsidiary Guarantor has a Representative, only the Representative Representative, or in the case of the Revolving Credit Agreement, either the agent or Banks holding 66 2/3% of the Commitments or the amounts outstanding thereunder may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12. A Guarantor, the Registrar or co-registrarany Registrar, a any Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0312.03 hereof, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, unless a Trust Responsible Officer of the Trustee receives written notice satisfactory to it him that payments may not be made under this Article 12; provided however that notwithstanding the foregoing, the subordination of the Guarantees to Senior Indebtedness of the Guarantors shall not be affected and the Holders receiving any payments in contravention of Section 12.02 and/or 12.03 (and such respective payments) shall otherwise be subject to the provisions of this Article 12. A Guarantor, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a such Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a such Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.in

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may shall continue to make payments on the Securities any Subsidiary Guarantee and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that such payments may not be made under are prohibited by this Article 12. A The Company, the relevant Subsidiary Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a such Subsidiary Guarantor may shall be entitled to give the notice; provided, however, that that, if an issue of Senior Indebtedness of a any Subsidiary Guarantor has a Representative, only the Representative may shall be entitled to give the notice. The Trustee in its individual or any other capacity may shall be entitled to hold Senior Indebtedness of a any Subsidiary Guarantor with the same rights it would have if it were not the Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a any Subsidiary Guarantor which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding the provisions of this Section 12.038 or any other provision of the Indenture, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of any facts that would prohibit the making of any such payment or distribution by the Trustee, and the Trustee and the Paying Agent may continue to make payments unlesson the Guarantee, not less than two unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment, a Trust Officer of the Trustee receives payment written notice satisfactory of facts that would cause the payment of any Obligations with respect to it that payments may not be made under the Guarantee to violate this Article 12Section 8. A Guarantor, Only the Registrar or co-registrar, a Paying Agent, a Representative Guarantor or a holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such Guarantor; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Section 8 shall apply to impair the claims of, or payments to, the Trustee under or pursuant to Section 7.07 of the Indenture. The Trustee shall be entitled to rely on the delivery to it of a written notice by a person representing himself to be a holder of Guarantor Senior Debt (or a Representative of such holder) to establish that such notice has been given by a holder of Guarantor Senior Debt (or a Representative of any such holder). In the event that the Trustee determines in good faith that further evidence is required with respect to the right of any person as a holder of Guarantor Senior Debt to participate in any payment or distribution pursuant to this Section 8, the Trustee may request such person to furnish evidence to the reasonable satisfaction of the Trustee as to the amount of Guarantor Senior Debt held by such person, the extent to which such person is entitled to participate in such payment or distribution and any other facts pertinent to the rights of such person under this Section 8, and if such evidence is not furnished, the Trustee may defer any payment which it may be required to make for the benefit of such person pursuant to the terms of this Guarantee pending judicial determination as to the rights of such person to receive such payment. The Trustee in its individual or any other Section of this Indenturecapacity may hold Guarantor Senior Debt with the same rights it would have if it were not Trustee. Any Agent may do the same with like rights.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it in its sole discretion that payments may not be made under this Article 1210. A GuarantorThe Company, the Registrar or co-registrarRegistrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor the Company may give the notice; providedPROVIDED, howeverHOWEVER, that that, if an issue of Senior Indebtedness of a Guarantor the Company has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor the Company with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0312.03 or any other provision of this Indenture, the Trustee or any the Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments or distributions by the Trustee unless, not less than two Business Days prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12XII. A Note Guarantor, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness Debt of a Note Guarantor may give the notice; provided, however, that that, if an issue of Senior Indebtedness Debt of a Note Guarantor has a Representative, only the Representative may give the notice. The Trustee Trustee, in its individual or any other capacity capacity, may hold Senior Indebtedness Debt of a Note Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 XII with respect to any Senior Indebtedness Debt of a Note Guarantor which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness Debt of such Note Guarantor; , and nothing in Article 7 VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any Paying Agent may continue to make payments on the Securities and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two one Business Days Day prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it in accordance with this Indenture that payments may not be made under this Article 1210. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor Debt may give the written notice; provided, however, that that, if an issue of Senior Indebtedness of a Guarantor Debt has a Representative, only the Representative may give the written notice. If an issue of debt has no Representative, the provider of notice shall state at the time such notice is given that he is giving notice in lieu of such Representative. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor Debt with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 11 with respect to any Senior Indebtedness of a Guarantor Debt which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorDebt; and nothing in Article 7 shall deprive the Trustee of any of its rights as such a holder. Nothing in this Article 12 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any Paying Agent may continue to make payments on the Securities any Subsidiary Guarantee and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unless, not less than two one Business Days Day prior to the date of such payment, a Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article 12Twelve. A GuarantorThe Company, the Registrar or co-registrar, a the Paying Agent, a Representative or a holder of Senior Indebtedness of a Guarantor Obligations may give the notice; provided, however, that that, if an issue of Senior Indebtedness Obligations of a any Guarantor has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Obligations of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 Twelve with respect to any Senior Indebtedness Obligations of a Guarantor which that may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness of such GuarantorObligations; and nothing in Article 7 Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 Twelve shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.07 or any other Section of this Indenture7.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.02 or 10.03, the Trustee or any Paying Agent may continue to make payments of principal of or interest on the Securities and shall not be charged with knowledge 1997 Notes unless, in the case of the existence Trustee, a Trust Officer or, in the case of facts that would prohibit a Paying Agent other than the making Trustee, an officer of any such payments unlessPaying Agent, not less than two shall have received, at least three Business Days prior to the date of such paymentpayments are due and payable, a Trust Officer written notice of the Trustee receives written notice satisfactory to it occurrence of an event under Section 10.02 or 10.03 and that payments may not be made any payment under the 1997 Notes would violate this Article 1210. A Guarantor, Only the Registrar Company or co-registrar, a Paying Agent, a Representative with respect to or holders of at least a majority in principal amount of an issue of Designated Senior Indebtedness may give such notice. Nothing contained in this Section 10.10 shall limit the right of any holder of Senior Indebtedness of a Guarantor may give the notice; provided, however, that if an issue of Senior Indebtedness of a Guarantor has a Representative, only the Representative may give the noticeto recover payments as contemplated by Section 10.04. The Trustee in its individual or any other capacity may hold Senior Indebtedness of a Guarantor with the same rights it would have if it were not Trustee. The Registrar and co-registrar and any Paying Any Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article 12 10 with respect to any Senior Indebtedness of a Guarantor which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness of such GuarantorIndebtedness; and nothing in Article 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article 12 shall apply to claims of, or payments to, except as otherwise provided by the Trustee under or pursuant to Section 7.07 or any other Section of this IndentureTIA.