that the term
appears nowhere else in the indenture other than in the Fourth Proviso.
Moreover, the Debtors' interpretation renders language in the indenture superfluous, which
is a common sign ... contract superfluous is "unsupportable: under standard principles of contract
interpretation). Specifically, if the Fourth Proviso only excepts debt subordinate in right of
payment, there is no purpose ... distinction between "expressly" (in the Baseline Definition) and "by its
terms" (in the Fourth Proviso). We see no meaningful distinction between those terms.
Nevertheless, we also conclude that the Subordinated
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EFTA00106085Set 9
2019-08-2786p22,250w
court, dismiss an indictment, information, or complaint,
18 and that leave of the court proviso, you should know, was added
19 as an amendment to the original draft of Rule ... originally provided for automatic dismissal upon the motion of
21 the government.
22 This proviso, in my judgment, is clearly directed
23 toward an independent judicial assessment of the public
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EFTA00797875Set 9
1999-05-2627p11,765w
Omitting the inapplicable exception
court concludes, again correctly, that language and its related provisos,
the exception provided in the statute, the operative words of the statute
permitting a fixed price ... appropriating funds to the Department of Health and Human Services. subject
to a proviso that stated: "None of the funds appropriated under this subchapter shall be used in programs
where
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EFTA00804067Set 9
2019-01-0713p3,272w
agency for tax return reporting and compliance purposes.
Before disclosing die Settlement Amount under provisos (b) or (c) above, die Party making
the disclosure shall inform the receiving person ... provisions hem At least five business days prior to disclosing the Settlement Amount
under provisos or (c) above, to the extent permissible by law, regulation, rule of a court,
court
https://www.justice.gov/epstein/files/DataSet%209/EFTA00804067.pdf
EFTA00804054Set 9
2019-01-0713p3,228w
agency for tax return reporting and compliance purposes.
Before disclosing the Settlement Amount under provisos (b) or (c) above, the Party making
the disclosure shall inform the receiving person ... provisions hereof. At least live business days prior to disclosing the Settlement Amount
under provisos (d) or (e) above, to the extent permissible by law, regulation, rule of a court
https://www.justice.gov/epstein/files/DataSet%209/EFTA00804054.pdf
EFTA00283429Set 9
14p3,253w
agency for tax return
reporting and compliance purposes. Before disclosing the Settlement Amount
under provisos (b) or (c), the Party making the disclosure shall inform the receiving
person ... provisions hereof. At
least five business days prior to disclosing the Settlement Amount under provisos
(d) or (e) above, to the extent permissible by law, regulation, rule of a court
https://www.justice.gov/epstein/files/DataSet%209/EFTA00283429.pdf