Continuing Subordination. The subordination provisions in this Deed constitute a continuing subordination and benefit the ultimate balance of the Senior Debt regardless of any intermediate payment or discharge of the Senior Debt in whole or in part.
Continuing Subordination. The subordination effected by this Article V is a continuing subordination, and each Subordinated Creditor hereby agrees that at any time and from time to time, without notice to it:
(a) the time, place or manner for payment or performance by Genesis or any Affiliate of Genesis of, or compliance with any of its agreements or instruments evidencing, the Senior Obligations may be extended or waived by the Senior Creditors;
(b) any act permitted to be taken by Genesis, any Affiliate of Genesis or any Senior Creditor under agreements or instruments evidencing the Senior Obligations may be so taken;
(c) any of the agreements or instruments evidencing the Senior Obligations may be amended, or modified in any manner, including for the purpose of adding any provisions thereto, increasing the amount of, or changing the terms of, the Senior Obligations, adding or releasing any security or collateral therefor, or changing in any manner the covenants or rights of the Senior Creditors or Genesis or any Affiliate of Genesis or any other Person thereunder;
(d) the maturity of any of the Senior Obligations may be accelerated;
(e) any or all collateral security for the Senior Obligations may be exchanged, sold, surrendered, released or otherwise dealt with;
(f) Genesis or any Affiliate of Genesis, any co-borrower with Genesis or any Affiliate of Genesis, any guarantor or any other Person may be released of its obligations in respect of the Senior Obligations, whether or not in connection with any Insolvency Proceeding;
(g) payments received by any Senior Creditor from any source which could lawfully be applied to payment, in full or in part, of the Senior Obligations, but which could also lawfully be used for some other purpose may be used for such other purpose with or without the consent of the Senior Creditors; and
(h) any other event which could, but for this provision, be used as a defense to the obligations of the Subordinated Creditor hereunder may occur; all without impairing or affecting the obligations of the Subordinated Creditors or the rights of the Senior Creditors hereunder. The rights and remedies of the Senior Creditors hereunder shall be irrevocable and shall remain in full force and effect notwithstanding (i) any lack of validity or enforceability of the Senior Obligations, (ii) any circumstance which might constitute a defense available to, or the discharge of, Genesis in respect of the Senior Obligations, or (iii) the occurrence of any of the circumsta...
Continuing Subordination. The subordination provisions in this Agreement shall remain in full force and effect by way of continuing subordination and extend to the ultimate balance of the Senior Debt, regardless of any intermediate payment or discharge of the Senior Debt in whole or in part.
Continuing Subordination. The subordination provisions in this Deed shall remain in full force and effect by way of continuing subordination and shall not be affected in any way by any intermediate payment or discharge in whole or in part of the Secured Liabilities.
Continuing Subordination. The subordination effected by these ------------------------ provisions is a continuing subordination and may not be modified or terminated by the Manager or any other holder of any Management Fees until all of the Senior Debt shall have been indefeasibly paid in full, in cash, satisfied and discharged or otherwise defeased under the Operative Documents. At any time and from time to time, without the consent of, or notice to, the Manager or any other holder of the Management Fees, and without impairing or affecting the obligations of any of them hereunder:
(1) The time for the Company's performance of, or compliance with, any of its agreements contained in the Participation Agreement or the other Operative Documents, or any other agreement, instrument or document relating to the Senior Debt, may be modified or extended or such performance or compliance may be waived;
(2) The Lessor/Trustee, acting at the direction of the Required Lenders, may exercise or refrain from exercising any rights under the Participation Agreement or the other Operative Documents, or any other agreement, instrument or document relating to the Senior Debt;
(3) The Participation Agreement or any of the other Operative Documents, or any other agreement, instrument or document relating to the Senior Debt, may be revised, amended or otherwise modified for the purpose of adding or changing any provisions thereof (including, but not limited to, an increase in the interest charges), or changing in any manner the rights of the Lessor/Trustee or the Company;
(4) Payment of the Senior Debt or any portion thereof may be extended or refunded or any instruments evidencing such Senior Debt may be renewed in whole or in part;
(5) The maturity of the Senior Debt may be accelerated, and any collateral security therefor or any other rights of the Lessor/Trustee may be exchanged, sold, surrendered, released or otherwise dealt with, in accordance with the terms of any present or future agreement with the Company and any other agreement of subordination (and the debt covered thereby) may be surrendered, released or discharged, or the terms thereof modified or otherwise dealt with in any manner;
(6) Any Person liable in any manner for payment of the Senior Debt may be released by the Lenders; and
(7) Notwithstanding the occurrence of any of the foregoing, these subordination provisions shall remain in full force and effect with respect to the Senior Debt, as the same shall have been extended, renewed, mo...
Continuing Subordination. The subordination and priority provisions in this Deed constitute a continuing subordination and priority and benefit to the ultimate balance of the Senior Debt, the Hedging Debt and the Note Debt respectively regardless of any intermediate payment or discharge of the Senior Debt, the Hedging Debt or the Note Debt in whole or in part.
Continuing Subordination. This is a continuing agreement of subordination and the Agent and the Lenders may continue, at any time and without notice to the Subordinating Creditor, to extend credit or other financial accommodations and loan monies to or for the benefit of the Borrower pursuant to, or in connection with, the Senior Debt on the faith hereof.
Continuing Subordination. This Agreement shall create a continuing subordination and shall:
(a) remain in full force and effect until the Senior Creditors have received payment in cash of the full amount of the Senior Indebtedness and the Credit Agreement and all Secured Hedging Agreements to which any of the Swap Lenders is a party have been terminated;
(b) be binding upon the Subordinated Creditor, the Borrower and their respective successors and assigns; and
(c) enure, together with the rights and remedies of the Senior Creditors hereunder, to the benefit of and be enforceable by the Senior Creditors and their respective successors and assigns.
Continuing Subordination. This Agreement shall in all ------------------------ respects be a continuing agreement and shall remain in full force and effect, notwithstanding, without limitation, the dissolution or insolvency of the Borrower, any Debtor or any of the Subordinated Lenders. All of the agreements and obligations of each of the Subordinated Lenders under this Agreement shall remain in effect in full until all such Senior Claims (including without limitation any extensions, renewals or refinancings of any thereof and all interest and expenses relating to such Senior Claims) shall have been finally paid in cash in full and all of the Commitments shall have been terminated (subject to reinstatement if any such Senior Claims shall thereafter cease to have been paid in full in cash).
Continuing Subordination. This Agreement shall in all respects be a continuing agreement and shall remain in full force and effect (notwithstanding, without limitation, the dissolution of AMD Inc. or that at any time or from time to time all Senior Liabilities may have been paid in full), but shall automatically terminate on the Loan Agreement Termination Date.
