Common use of Failure of Subordination Clause in Contracts

Failure of Subordination. The subordination provisions relating to any Subordinated Debt (the "Subordination Provisions") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or to be enforceable by the Lenders, the Agents and the Issuers in material accordance with the terms thereof or the monetary Obligations shall fail to constitute "Senior Indebtedness" (or a similar term) referring to the Obligations; or any Obligor of Subordinated Debt shall disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the Lenders, the Agents and the Issuers or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuers in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination Provisions") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "Senior Indebtedness" (or a similar term) referring to the Obligations; or Xxxx-Xxxxx or any Obligor of Subordinated Debt shall its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuers in writing, the subordination provisions relating to any Subordinated Debt (the "“Subordination Provisions"”) shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "“Senior Indebtedness" ” (or a similar term) referring to the Obligations; or any Obligor Borrower or any of Subordinated Debt shall its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuer in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination ProvisionsSUBORDINATION PROVISIONS") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "Senior Indebtedness" (or a similar term) referring to the Obligations; or either Borrower or any Obligor of Subordinated Debt shall their Consolidated Entities shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuer in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination Provisions") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "Senior IndebtednessDebt" (or a similar term) referring to the such Obligations; or the Company or any Obligor of Subordinated Debt shall its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (ia) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (iib) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer or (iiic) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent and the Lenders in writing, the subordination provisions relating to any Subordinated Debt (the "“Subordination Provisions"”) shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the Lenders, the Agents Administrative Agent and the Issuers Lenders in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "“Senior Indebtedness" ” (or a similar term) referring to the Obligations; or the Parent or any Obligor of Subordinated Debt shall its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the Lenders, the Agents Administrative Agent and the Issuers Lenders or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Required Lenders, the Agents and the Issuers in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination Provisions") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the Lenders, the Agents and the Issuers in material accordance with the terms thereof or the monetary Obligations shall fail to constitute "Senior Indebtedness" (or a similar term) referring to the Obligations; or any Obligor or holder of Subordinated Debt shall disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the Lenders, the Agents and the Issuers or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuer in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination Provisions") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "Senior Indebtedness" (or a similar term) referring referring, to the Obligations; or either Borrower or any Obligor of Subordinated Debt shall their Consolidated Entities shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuer in writing, the subordination provisions relating to any Subordinated Debt (the "“Subordination Provisions"”) shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "“Senior Indebtedness" ” (or a similar term) referring to the Obligations; or the Borrower or any Obligor of Subordinated Debt shall its Consolidated Entities shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuer in writing, the subordination provisions relating to any Subordinated Debt (the "“Subordination Provisions"”) shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "“Senior Indebtedness" ” (or a similar term) referring to the Obligations; or any Obligor Borrower or any of Subordinated Debt shall its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Secured Parties in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination Provisions") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the Lenders, the Agents and the Issuers Secured Parties in material accordance with the terms thereof or the monetary Obligations shall fail to constitute "Senior Indebtedness" (or a similar term) referring to the Obligations; or any Obligor or holder of Subordinated Debt shall breach any Subordination Provision or any Obligor shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the Lenders, the Agents and the Issuers Secured Parties or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuers in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination ProvisionsSUBORDINATION PROVISIONS") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "Senior Indebtedness" (or a similar term) referring to the Obligations; or the Borrower or any Obligor of Subordinated Debt shall its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Agents, all of the Lenders and the Issuers in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination Provisions") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAgents, the Agents Lenders and the Issuers in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "Senior Indebtedness" (or a similar term) referring to the Obligations; or Holdings, the Company or any Obligor of Subordinated Debt shall their respective Restricted Subsidiaries shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAgents, the Agents Lenders and the Issuers or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuer in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination Provisions") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "Senior Indebtedness" (or a similar term) referring to the Obligations; or the Borrower or any Obligor of Subordinated Debt shall its Domestic Subsidiaries shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Agents, each Lender and the Issuers in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination ProvisionsSUBORDINATION PROVISIONS") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAgents, the Agents Lenders and the Issuers in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "Senior IndebtednessDebt" (or a similar term) referring to the Obligations; or Holdings, either Borrower or any Obligor of Subordinated Debt shall their respective Subsidiaries shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAgents, the Agents Lenders and the Issuers or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuer in writing, the subordination provisions relating to any Subordinated Debt (the "“Subordination Provisions"”) shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer in material accordance with the terms thereof thereof, or the monetary Obligations Liabilities shall fail to constitute "“Senior Indebtedness" ” (or a similar term) referring to the ObligationsLiabilities; or the Borrower or any Obligor of Subordinated Debt shall its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers Issuer or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any ObligorLoan Party, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Arrangers, the Administrative Agent and each Lender in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination Provisions") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersArrangers, the Agents Administrative Agent and the Issuers Lenders in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "Senior IndebtednessDebt" (or a similar term) referring to the Obligations; or Holdings, either Borrower or any Obligor of Subordinated Debt shall their respective Subsidiaries shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersArrangers, the Agents Administrative Agent and the Issuers Lenders or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuers in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination Provisions") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "Senior Indebtedness" (or a similar term) referring to the Obligations; or the Borrower or any Obligor of Subordinated Debt shall its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (ia) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (iib) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers or (iiic) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.

Failure of Subordination. The Unless otherwise waived or consented to by the Administrative Agent, the Lenders and the Issuers in writing, the subordination provisions relating to any Subordinated Debt (the "Subordination Provisions") shall for any reason be revoked or invalidated or otherwise cease to be in full force and effect or fail to be enforceable by the LendersAdministrative Agent, the Agents Lenders and the Issuers in material accordance with the terms thereof thereof, or the monetary Obligations shall fail to constitute "Senior Indebtedness" (or a similar term) referring to the Obligations; or any Obligor member of Subordinated Debt shall the Consolidated Group shall, directly or indirectly, disavow or contest in any manner (i) the effectiveness, validity or enforceability of any of the material Subordination Provisions, (ii) that the Subordination Provisions exist for the benefit of the LendersAdministrative Agent, the Agents Lenders and the Issuers or (iii) that all payments of principal of or premium and interest on the Subordinated Debt, or realized from the liquidation of any property of any Obligor, shall be subject to any of such Subordination Provisions.