Common use of Subordination and Priority of Payments Clause in Contracts

Subordination and Priority of Payments. The subordination provisions contained in Section 3.08, Section 3.09 and Article X hereof may not be amended or modified without the consent of each Swap Provider, each provider of a Credit Facility, each Noteholder of the subclass affected thereby and each Noteholder of any subclass of Notes ranking senior thereto. In no event shall the provisions set forth in Section 3.08 relating to the priority of the Expenses, Swap Payments and payments under all Credit Facilities be amended or modified.

Subordination and Priority of Payments. The subordination provisions contained in Section 3.083.09, Section 3.09 3.10 and Article X hereof may not be amended or modified without the consent of each Swap Provider, each provider of a an Eligible Credit Facility, each Noteholder Holder of the subclass of Notes affected thereby and each Noteholder Holder of any subclass of Notes ranking senior theretothereto and the receipt of a Rating Agency Confirmation. In no event shall the provisions set forth in Section 3.08 3.09 (relating to the priority of the Expenses, Swap Senior Hedge Payments and payments under all Eligible Credit Facilities Facilities) or Article X be amended or modified.