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 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 responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section Sections 12.02 and 12.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The CompanyIssuers, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.034.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIFour. The CompanyIssuer, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Issuer may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Issuer has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Issuer with the same rights it would have if it were not Trustee. The 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 XII Four with respect to any Senior Indebtedness of the Issuer which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Four shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent Paying Agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Officer receives notice satisfactory to it that payments may not be made under this Article XIIXIV. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The 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 XII XIV with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

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 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 Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The CompanyPartnership, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 one Business Day prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XIITen. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Ten with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice in writing satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The 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 XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The 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 XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The 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 XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The 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 XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. (a) 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 Subordinated Debt Securities and shall not be charged with knowledge of the existence of any facts that which would prohibit the making of any such 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 unless, not less than two business days on the Securities unless it shall have received at its Corporate Trust Office at least five Business Days prior to the date of such paymentpayment written notice of facts that would cause the payment of any Obligations with respect to the Securities to violate this Article, which notice, unless specified by a responsible officer holder of the Trustee receives notice satisfactory to it that payments may Senior Debt as such, shall not be made under this Article XIIdeemed to be a Payment Notice. The Company, Trustee may conclusively rely on such notice. Only the Registrar, any paying agent, a Representative Company or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative Debt may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to amounts due to, or impair the claims of, or payments to, the Trustee under or pursuant to Section 7.067.7. (b) The Trustee in its individual or any other 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.

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 or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of any facts that which would prohibit the making of any such 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 unless, not less than two business days on the Securities unless it shall have received at its Corporate Trust Office at least five Business Days prior to the date of such paymentpayment written notice of facts that would cause the payment of any Obligations with respect to the Securities to violate this Article, which notice, unless specified by a responsible officer holder of the Trustee receives notice satisfactory to it that payments may Senior Debt as such, shall not be made under this Article XIIdeemed to be a Payment Notice. The Company, Trustee may conclusively rely on such notice. Only the Registrar, any paying agent, a Representative Company or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative Debt may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to amounts due to, or impair the claims of, or payments to, the Trustee under or pursuant to Section 7.067.7 hereof. (b) The Trustee in its individual or any other 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.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it the Trustee that payments may not be made under this Article XIITen. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII Ten with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

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 Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII16. The Company, the Note Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The Note 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 XII 16 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 16 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII12. The CompanyIssuer, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness lender under Revolver Obligations may give the such notice; provided, however, that, if an issue of Senior Indebtedness a lender under Revolver Obligations has a Representative, only the Representative may give the such notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness be a lender under Revolver Obligations with the same rights it would have if it were not Trustee. The Registrar Registrar, the Paying Agent and any paying agent the Collateral Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 12 with respect to any Senior Indebtedness lender under Revolver Obligations which may at any time be held by it, to the same extent as any other holder of Senior Indebtednesslender under such Revolver Obligations; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.02 and Section 12.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article ARTICLE XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 ARTICLE XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article ARTICLE VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article ARTICLE XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The CompanyPartnership, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent may continue to make payments on 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 responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIXIV. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII XIV with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Debentures 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; Debt, and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it specifically stating that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

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 Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XII11. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 11 with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent Paying Agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee an Officer receives notice satisfactory to it that payments may not be made under this Article XIIXIV. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The 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 XII XIV with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

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 Subordinated Debt any Series of 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XII11. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 11 with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

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 or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of any facts that which would prohibit the making of any such 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 unless, not less than two business days on the Securities unless it shall have received at its Corporate Trust Office at least five (5) Business Days prior to the date of such paymentpayment written notice of facts that would cause the payment of any Obligations with respect to the Securities to violate this Article, which notice, unless specified by a responsible officer holder of the Trustee receives notice satisfactory to it that payments may Senior Debt as such, shall not be made under this Article XIIdeemed to be a Payment Notice. The Company, Trustee may conclusively rely on such notice. Only the Registrar, any paying agent, a Representative Company or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative Debt may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to amounts due to, or impair the claims of, or payments to, the Trustee under or pursuant to Section 7.067.7 hereof. (b) The Trustee in its individual or any other 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.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Sections 10.02 and 10.03, the Trustee or any paying agent Paying Agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The CompanyIssuers, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not the Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all of the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.this

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The CompanyIssuers, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give Debt of the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative Issuers may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt of the Issuers with the same rights it would have if it were not Trustee. The 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 XII 10 with respect to any Senior Indebtedness Debt of the Issuers which may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.034.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 five Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIFour. The CompanyIssuer, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Issuer may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Issuer has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Issuer with the same rights it would have if it were not Trustee. The 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 XII Four with respect to any Senior Indebtedness of the Issuer which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Four shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.02 or 10.03, the Trustee or any paying agent Paying Agent may continue to make payments of principal of or interest on Subordinated Debt Securities and shall not be charged with knowledge the 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 business days shall have received, at least three Business Days prior to the date of such paymentpayments are due and payable, a responsible officer written notice of the Trustee receives 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 Notes would violate this Article XII10. The Company, Only the Registrar, any paying agent, Company or a Representative with respect to or holders of a 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 may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The Registrar and any paying agent Any Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, except as otherwise provided by the Trustee under or pursuant to Section 7.06TIA.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XII12. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; providedPROVIDED, howeverHOWEVER, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The 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 XII 12 with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section Sections 12.02 and 12.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives written notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section Sections 12.02 and 12.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article 12 or any other provision of this Indenture, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not (a) be deemed to be a fiduciary for any holder of Senior Debt or (b) 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 the Paying Agent (other than Consoltex Group and its Subsidiaries) may continue to make payments on the Notes, without limiting the rights and remedies of holders of Senior Debt hereunder (including, without limitation, the right to recover any such payments unlessfrom Holders), not less than two business days 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, a responsible officer written notice of facts that would cause the Trustee receives notice satisfactory payment of any Obligations with respect to it that payments may not be made under the Notes to violate this Article XII12. The Company, Only the Registrar, any paying agentIssuers, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt that has a Representative, only the no Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to impair the claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 hereof. The Trustee in its individual or any other capacity may hold Senior 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 12.036.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII6. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 6 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 10 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 6 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.0610.7.

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 Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII16. The Company, the Note Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The Note 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 XII 16 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 16 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.06 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer of the Trustee receives at its Corporate Trust Office notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

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 Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII11. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 11 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0313.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII13. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The 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 XII 13 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 6 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 13 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Debentures 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XIIArticle. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative representative or a holder of Senior Indebtedness may give the such notice; provided, however, that, 42 49 if the holders of an issue of Senior Indebtedness has of the Company have a Representativerepresentative, only the Representative representative may give the such notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; , and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Sections 10.02 and 10.03, the Trustee or any paying agent Paying Agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not the Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all of the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section Sections 12.02 and 12.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives written notice satisfactory to it that payments may not be made under this Article XII. The CompanyPartnership, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrarregistrar, any if any, the paying agent, a Representative or a holder of Designated Senior Indebtedness may give the such notice; provided, however, that, if an issue of Designated Senior Indebtedness has a Representative, only the Representative may give the such notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and and, nothing in Article VII V shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.065.6.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0311.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it the Trustee that payments may not be made under this Article XIIEleven. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII Eleven with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Eleven shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XII. The CompanyPartnership, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. (a) Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 one Business Day prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar or co-Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if the holders of an issue of Senior Indebtedness has of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-Registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; , and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

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 Subordinated Debt Securities and shall not at any time be charged with knowledge of the existence of any facts that which would prohibit the making of any payment or distribution to or by the Trustee, unless and until a Responsible Officer shall have received at the Corporate Trust Office of the Trustee no later than three (3) Business Days prior to such payments unlesspayment or distribution, not less than two business days written notice thereof from the Company or from one or more holders of Designated Senior Debt and, prior to the date receipt of any such paymentwritten notice, the Trustee shall be entitled in all respects conclusively to presume that no such fact exists. Unless a responsible officer Responsible Officer of the Trustee receives shall have received the notice satisfactory provided for in the preceding sentence, the Trustee shall have full power and authority to receive such payment and to apply the same for the purpose for which it that payments may was received, and shall not be made under affected by any notice to the contrary which may be received by it on or after such date. The foregoing shall not apply to any Affiliate of the Company acting as Paying Agent. Nothing in this Article XII. The Company10 shall impair the claims of, or payments to, the Registrar, any paying agent, a Representative Trustee under or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the noticepursuant to Sections 6.06 and 7.07 hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent Any Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Sections 10.02 and 10.03, the Trustee or any paying agent Paying Agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The CompanyPartnership, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not the Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all of the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.this

Rights of Trustee and Paying Agent. Notwithstanding Section Sections 12.02 and 12.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it him that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.031303, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XIIXIII. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII XIII with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06607.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any such Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it the Trustee that payments may not be made under this Article XIIAricle XIV. The CompanyPartnership, the Security Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The Security 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 XII Aricle XIV with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Aricle XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent Paying Agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee an Officer receives notice satisfactory to it that payments may not be made under this Article XIIArticle. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice in writing satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03Sections 10.02 and 10.03, the Trustee or any paying agent Paying Agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not the Trustee. The Registrar and any paying agent Paying Agent may do the same with like rights. The Trustee shall be entitled to all of the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.in

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer of the Trustee an Officer receives notice satisfactory to it that payments may not be made under this Article XII12. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 11 with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII Six of the Base Indenture shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06607 of the Base Indenture.

Rights of Trustee and Paying Agent. (a) Notwithstanding Section 12.033.3, the Trustee or any paying agent Paying Agent (other than the Company) may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIIII. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if the holders of an issue of Senior Indebtedness has Debt of 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 Debt of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII III with respect to any Senior Indebtedness Debt of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; Debt, and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII III shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The 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 XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article XI or any other provision of this Indenture, the Trustee or any paying agent may continue to make payments on Subordinated Debt 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 business days unless the Trustee shall have received at its Corporate Trust Office at least one Business Day prior to the date of such payment, a responsible officer payment written notice of facts that would cause the Trustee receives notice satisfactory payment of any Obligations with respect to it that payments may not be made under the Notes to violate this Article XIIXI (although the receipt of such payment shall otherwise be subject to the applicable provisions of this Article XI). The Only the Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness Indebtedness, or a representative of such holder may give the notice; provided. Nothing in this Article XI shall impair the claims of, howeveror payments to, that, if an issue the Trustee in its capacity as such under or pursuant to Section 7.07. Nothing in this Section 11.10 is intended to or shall relieve any Holder of Senior Indebtedness has a Representative, only Notes from the Representative may give obligations imposed under Sections 11.02 or 11.03 with respect to distributions received (whether from the noticeTrustee or otherwise) in violation of the provisions hereof. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent Any Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. 71 65 The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0314.03, the Trustee or any paying agent Paying Agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XIIXIV. The Company, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The 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 XII XIV with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIV shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative may give the notice. 86 78 The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

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 Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XII11. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 11 with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 11 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article X or any other provision of this Indenture, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not be charged with knowledge of the existence of any facts that which would prohibit the making of any such 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 unless, not less than two business days on the Securities unless it shall have received at its Corporate Trust Division at least 5 Business Days prior to the date of such paymentpayment written notice of facts that would cause the payment of any Obligations with respect to the Securities to violate this Article, which notice, unless specified by a responsible officer holder of the Trustee receives notice satisfactory to it that payments may Senior Debt as such, shall not be made under this Article XIIdeemed to be a Payment Notice. The Company, Trustee may conclusively rely on such notice. Only the Registrar, any paying agent, a Representative Company or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representative, only the Representative Debt may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to amounts due to, or impair the claims of, or payments to, the Trustee under or pursuant to Section 7.067.7 hereof. The Trustee in its individual or any other 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.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03anything in this Article 10, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the Notes and shall not be charged with knowledge of the existence of facts that would prohibit the making of any such payments unlessto or by the Trustee unless and until, not less than two business days Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives written notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness Debt of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt of 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 the Company with the same rights it would have if it were not Trustee. The 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 XII 10 with respect to any Senior Indebtedness which Debt of the Company that may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding ----------------------------------- Section 12.03, the Trustee or any paying agent may continue to make payments on 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 responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of -------- ------- 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on 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 responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII12. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; providedPROVIDED, howeverHOWEVER, that, if an issue of 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 with the same rights it would have if it were not Trustee. The 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 XII 12 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it the Trustee that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0313.03, the Trustee or any paying agent may continue to make payments on 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 responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIXIII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII XIII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06. As used in this Article XIII, “Trustee” includes any paying agent.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The CompanyIssuer, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness of the Issuer may give the notice; provided, however, that, if an issue of Senior Indebtedness of the Issuer has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Issuer with the same rights it would have if it were not Trustee. The 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 XII 10 with respect to any Senior Indebtedness of the Issuer which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 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 Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co- registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if the holders of an issue of Senior Indebtedness has of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; , and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any such Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03 hereof, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives notice satisfactory to it him that payments may not be made under this Article XII10. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may Debt of the Company shall be entitled to give the notice; provided, however, that, if an issue of Senior Indebtedness Debt of 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 Debt of the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent may the Paying Agent shall be entitled to do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness Debt of the Company which may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 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 Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on 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 responsible officer Responsible Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The Registrar and any paying agent co- registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

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 Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII15. The Company, the Note Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The Note 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 XII 15 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 15 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent applicable Paying Agent may continue to make payments on Subordinated Debt 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 one Business Day prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XIITen. The Company, the Registrarapplicable Registrar or co-registrar, any paying agentthe applicable Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The applicable Registrar and any paying agent co-registrar and the applicable Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Ten with respect to any Senior Indebtedness which that may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding ----------------------------------- Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, -------- however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The 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 XII X with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.031403, the Trustee or any paying agent may continue to make payments on 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 responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIFourteen. The Company, the Registrar, any paying agent, a Representative payment agent or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The 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 XII Fourteen with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII Six shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Fourteen shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06607.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any such Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice in writing satisfactory to it that payments may not be made under this Article XII. X. The CompanyIssuer, the RegistrarParent, any paying agentthe Registrar or co-registrar, the Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessDebt; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.7.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on 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 responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The CompanyIssuers, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.. 92 85

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 one Business Day prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XIITen. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Obligations may give the notice; provided, however, that, if an issue of Senior Indebtedness Obligations 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 Obligations with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII Ten with respect to any Senior Indebtedness which Obligations that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessObligations; and nothing in Article VII Seven shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII Ten shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII10. The CompanyIssuers, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness of the Issuers may give the notice; provided, however, that, if an issue of Senior Indebtedness of either Issuer has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of the Issuers with the same rights it would have if it were not Trustee. The 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 XII 10 with respect to any Senior Indebtedness of the Issuers which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.037.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII7. The Company, the Registrar or co-Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, that if an issue of 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 with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-Registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 7 with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 7 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; provided, however, that, if an issue of Senior Indebtedness 87 79 Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness Debt which may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article XI or any other provision of this Indenture, the Trustee or any paying agent may continue to make payments on Subordinated Debt 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 business days unless the Trustee shall have received at its Corporate Trust Office at least five Business Days prior to the date of such payment, a responsible officer payment written notice of facts that would cause the Trustee receives notice satisfactory payment of any Obligations with respect to it that payments may not be made under the Notes to violate this Article XIIXI. The Company, Only the Registrar, any paying agent, a Representative Company or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XI shall apply to impair the claims of, or payments to, the Trustee under or pursuant to Section 7.067.7. The Trustee in its individual or any other 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 responsible for any costs, expenses, damages or other liabilities arising (directly or indirectly) as a result of (i) any filing of a claim or proof of debt by holders of Designated Senior Indebtedness (or their Representative) or (ii) any right of holders of Designated Senior Indebtedness (or their Representative) to file any such claim or proof of debt, in any such case in accordance with the second paragraph of Section 11.12.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Trust Officer receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the RegistrarRegistrar or coregistrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the notice; providedPROVIDED, howeverHOWEVER, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Registrar and any paying agent coregistrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03the provisions of this Article 12 or any other provision of this Indenture, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities and shall not (a) be deemed to be a fiduciary for any holder of Senior Debt or (b) 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 the Paying Agent (other than Consoltex Group and its Subsidiaries) may continue to make payments on the Notes, without limiting the rights and remedies of holders of Senior Debt hereunder (including, without limitation, the right to recover any such payments unlessfrom Holders), not less than two business days 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, a responsible officer written notice of facts that would cause the Trustee receives notice satisfactory payment of any Obligations with respect to it that payments may not be made under the Notes to violate this Article XII12. The Company, Only the Registrar, any paying agentIssuers, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt that has a Representative, only the no Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to impair the claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 hereof. The Trustee in its individual or any other 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.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0316.03, the Trustee or any paying agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Responsible Officer of the Trustee receives written notice satisfactory to it that payments may not be made under this Article XII16. The Company, the Note Registrar, any the paying agent, a Representative or a holder of Senior Indebtedness of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The Note 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 XII 16 with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 8 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 16 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.068.06 or any other Section of this Indenture.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any such Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; and nothing in Article VII 7 shall deprive the 99 90 Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.

Rights of Trustee and Paying Agent. (a) Notwithstanding Section 12.0310.3, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 one Business Day prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar or co-Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if the holders of an issue of Senior Indebtedness has of 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 the Company with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-Registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII X with respect to any Senior Indebtedness of the Company which may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; , and nothing in Article VII VI shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.7.7. 66

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent may continue to make payments on 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 responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. The Company, the Registrar, any paying agent, a Representative representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness has a Representativerepresentative, only the Representative representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.. 75

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03 or any other provision of this Indenture, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The Company, the Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt of the Company may give the notice; provided, however, that, if an issue of Senior Indebtedness Debt of the Company 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 the Company with the same rights it would have if it were not Trustee. The 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 XII X with respect to any Senior Indebtedness which Debt of the Company that may at any time be held by it, to the same extent as any other holder of such Senior Indebtedness; Debt, and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII X shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07 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 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 Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII. X. The CompanyPartnership, the Registrar, any paying agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.this

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0310.03, the Trustee or any paying agent Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer of the Trustee Responsible Officer receives notice satisfactory to it that payments may not be made under this Article XII10. The Company, the Security Registrar or co-Security Registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness Debt may give the noticenotice on behalf of such holders; provided, however, that, if an issue of Senior Indebtedness Debt has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness Debt with the same rights it would have if it were not Trustee. The Security Registrar and any paying agent co-Security Registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 10 with respect to any Senior Indebtedness which Debt that may at any time be held by it, to the same extent as any other holder of such Senior IndebtednessDebt; and nothing in Article VII 6 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 10 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.066.07.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.0313.02 and Section 13.03, the Trustee or any paying agent Paying Agent may continue to make payments on 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 Business Days prior to the date of such payment, a responsible officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XIIXIII. The CompanyPartnership, the Registrar, any paying agentPaying Agent, a Representative or a holder of Senior Indebtedness may give the notice; provided, however, that, if an issue of Senior Indebtedness 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 with the same rights it would have if it were not Trustee. The 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 XII XIII with respect to any Senior Indebtedness which may at any time be held by it, to the same extent as any other holder of Senior Indebtedness; and nothing in Article VII shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII XIII shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.06.

Rights of Trustee and Paying Agent. Notwithstanding Section 12.03, the Trustee or any paying agent the Paying Agent may continue to make payments on Subordinated Debt Securities the 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 Business Days prior to the date of such payment, a responsible officer Trust Officer of the Trustee receives notice satisfactory to it that payments may not be made under this Article XII12. The CompanyHoldings, the RegistrarRegistrar or co-registrar, any paying agentthe Paying Agent, a Representative or a holder of Senior Indebtedness may of Holdings give the notice; provided, however, that, that if an issue of Senior Indebtedness of Holdings has a Representative, only the Representative may give the notice. The Trustee in its individual or any other capacity may hold Senior Indebtedness of Holdings with the same rights it would have if it were not Trustee. The Registrar and any paying agent co-registrar and the Paying Agent may do the same with like rights. The Trustee shall be entitled to all the rights set forth in this Article XII 12 with respect to any Senior Indebtedness of Holdings which may at any time be held by it, to the same extent as any other holder of Senior IndebtednessIndebtedness of Holdings; and nothing in Article VII 7 shall deprive the Trustee of any of its rights as such holder. Nothing in this Article XII 12 shall apply to claims of, or payments to, the Trustee under or pursuant to Section 7.067.07.