Borrower may make cash distributions to Parent in amounts necessary for Parent to reasonably concurrently make, and Parent may make, payments of principal or cash settlement payments as required or permitted by the terms of the Senior Notes Debt and the Senior Notes Documents, in each case upon conversion of all or any portion the Senior Notes Debt, other than with respect to any portion of such Senior Notes Debt that is the subject of a refinancing funded with the proceeds of the issuance of additional Senior Notes upon consummation thereof;

Borrower may make cash distributions to Parent in amounts necessary for Parent to reasonably concurrently make, and Parent may make, payments of principal or cash settlement paymentson the Senior Notes Debt as required or permitted by the terms of the Senior Notes Debt and the Senior Notes Documents, in each case upon conversionacceleration, required repurchase, or at maturity of all or any portion thesuch Senior Notes Debt, other than with respect to any portion of such Senior Notes Debt that is the subject of a refinancing funded with the proceeds of the issuance of additional Senior Notes upon consummation thereof;

Borrower may make cash distributions to Parent in amounts necessary for Parent to reasonably concurrently make, and Parent may make,make cash interest payments of principal or cash settlement paymentswhen and as required or permitted by the terms of the Senior Notes Debt and the Senior Notes Documents, in each case upon conversion of all or any portion the Senior Notes Debt, other than with respect to any portion of such Senior Notes Debt that is the subject of a refinancing funded with the proceeds of the issuance of additional Senior Notes upon consummation thereof;Documents;

Borrower may make cash distributions to Parent in amounts necessary for Parent to reasonably concurrently make, and Parent may make, payments in respect of principal or cash settlement payments as required or permitted by the termsrepurchases of the Senior Notes Debt and the Senior Notes Documents, in each case upon conversion of all or any portion the Senior Notes Debt, other thanpursuant to arm's length, negotiated transactions with respect to any portionnon-Affiliate holders of such Senior Notes Debt provided that is the subjectParent shall, within three (3) Business Days of a refinancingany such cash distribution, contribute to Borrower an amount equal to such cash distribution, funded withfrom the proceeds of the issuance of additional Senior Notes upon consummation thereof;Notes;