THIS ARTICLE 8 SHALL HAVE ANY EFFECT ON
THE RIGHT OF THE HOLDERS OR THE TRUSTEE TO ACCELERATE THE MATURITY OF THE NOTES.
SECTION 8.12.
TRUST MONIES NOT SUBORDINATED.
NOTWITHSTANDING
ANYTHING CONTAINED HEREIN TO THE CONTRARY, PAYMENTS FROM MONEY OR THE PROCEEDS
OF U.S. GOVERNMENT OBLIGATIONS HELD IN TRUST UNDER ARTICLE 10 BY THE TRUSTEE FOR
THE PAYMENT OF PRINCIPAL OF AND INTEREST ON THE NOTES AND ADDITIONAL AMOUNTS, IF
ANY, IN RESPECT THEREOF SHALL NOT BE SUBORDINATED TO THE PRIOR PAYMENT OF ANY
SENIOR INDEBTEDNESS OF THE COMPANY OR SUBJECT TO THE RESTRICTIONS SET FORTH IN
THIS
66
Article 8, and none of the Holders shall be obligated to pay over any such
amount to the Company or any holder of Senior Indebtedness of the Company or any
other creditor of the Company.
SECTION 8.13.
TRUSTEE ENTITLED TO RELY.
UPON ANY PAYMENT OR
DISTRIBUTION PURSUANT TO THIS ARTICLE 8, THE TRUSTEE AND THE HOLDERS SHALL BE
ENTITLED TO RELY (A) UPON ANY ORDER OR DECREE OF A COURT OF COMPETENT
JURISDICTION IN WHICH ANY PROCEEDINGS OF THE NATURE REFERRED TO IN SECTION 8.02
ARE PENDING, (B) UPON A CERTIFICATE OF THE LIQUIDATING TRUSTEE OR AGENT OR OTHER
PERSON MAKING SUCH PAYMENT OR DISTRIBUTION TO THE TRUSTEE OR TO THE HOLDERS OR
(C) UPON THE REPRESENTATIVES FOR THE HOLDERS OF SENIOR INDEBTEDNESS OF THE
COMPANY FOR THE PURPOSE OF ASCERTAINING THE PERSONS ENTITLED TO PARTICIPATE IN
SUCH PAYMENT OR DISTRIBUTION, THE HOLDERS OF SUCH SENIOR INDEBTEDNESS AND OTHER
INDEBTEDNESS OF THE COMPANY, THE AMOUNT THEREOF OR PAYABLE THEREON, THE AMOUNT
OR AMOUNTS PAID OR DISTRIBUTED THEREON AND ALL OTHER FACTS PERTINENT THERETO OR
TO THIS ARTICLE 8.
IN THE EVENT THAT THE TRUSTEE DETERMINES, IN GOOD FAITH,
THAT EVIDENCE IS REQUIRED WITH RESPECT TO THE RIGHT OF ANY PERSON AS A HOLDER OF
SENIOR INDEBTEDNESS OF THE COMPANY TO PARTICIPATE IN ANY PAYMENT OR DISTRIBUTION
PURSUANT TO THIS ARTICLE 8, THE TRUSTEE MAY REQUEST SUCH PERSON TO FURNISH
EVIDENCE TO THE REASONABLE SATISFACTION OF THE TRUSTEE AS TO THE AMOUNT OF SUCH
SENIOR INDEBTEDNESS HELD BY SUCH PERSON, THE EXTENT TO WHICH SUCH PERSON IS
ENTITLED TO PARTICIPATE IN SUCH PAYMENT OR DISTRIBUTION AND OTHER FACTS
PERTINENT TO THE RIGHTS OF SUCH PERSON UNDER THIS ARTICLE 8, AND, IF SUCH
EVIDENCE IS NOT FURNISHED, THE TRUSTEE MAY DEFER ANY PAYMENT TO SUCH PERSON
PENDENT JUDICIAL DETERMINATION AS TO THE RIGHT OF SUCH PERSON TO RECEIVE SUCH
PAYMENT.
THE PROVISIONS OF SECTIONS 9.01 AND 9.02 SHALL BE APPLICABLE TO ALL
ACTIONS OR OMISSIONS OF ACTIONS BY THE TRUSTEE PURSUANT TO THIS ARTICLE 8.
SECTION 8.14.
TRUSTEE TO EFFECTUATE SUBORDINATION.
EACH HOLDER BY
ACCEPTING A NOTE AUTHORIZES AND DIRECTS THE TRUSTEE ON HIS BEHALF TO TAKE SUCH
ACTION AS MAY BE NECESSARY OR APPROPRIATE TO ACKNOWLEDGE OR EFFECTUATE THE
SUBORDINATION BETWEEN THE HOLDERS AND THE HOLDERS OF SENIOR INDEBTEDNESS OF THE
COMPANY AS PROVIDED IN THIS ARTICLE 8 AND APPOINTS THE TRUSTEE AS
ATTORNEY-IN-FACT FOR ANY AND ALL SUCH PURPOSES.
SECTION