Common use of Failure of Subordination Clause in Contracts

Failure of Subordination. Unless otherwise waived or consented to by the Administrative Agent and the Lenders in writing, (a) the payment postponement and subordination provisions relating to any Subordinated Debt (its “Subordination Provisions”) shall fail to be enforceable by the Administrative Agent and the Lenders in accordance with the terms thereof, (b) the monetary Obligations shall fail to constitute “Senior Indebtedness” (or analogous term) referring to the Obligations, or (c) the Borrower or any Subsidiaries shall, directly or indirectly, disavow or contest in any manner (x) the effectiveness, validity or enforceability of any Subordination Provision, (y) that the Subordination Provisions exist for the benefit of the Administrative Agent and the Lenders or (z) 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. Unless otherwise waived or consented to by the Administrative Agent Agent, the Lenders and the Lenders Issuer in writing, (a) , the payment postponement and subordination provisions relating to any Subordinated Debt (its “Subordination Provisions”the "SUBORDINATION PROVISIONS") shall fail to be enforceable by the Administrative Agent Agent, the Lenders and the Lenders Issuer in accordance with the terms thereof, (b) , or the monetary Obligations shall fail to constitute “"Senior Indebtedness” " (or analogous similar term) referring to the Obligations, or (c) the ; or either Borrower or any Subsidiaries of their Consolidated Entities shall, directly or indirectly, disavow or contest in any manner (xi) the effectiveness, validity or enforceability of any of the Subordination ProvisionProvisions, (yii) that the Subordination Provisions exist for the benefit of the Administrative Agent Agent, the Lenders and the Lenders Issuer or (ziii) 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. Unless otherwise waived or consented to by the Arrangers, the Administrative Agent and the Lenders each Lender in writing, (a) , the payment postponement and subordination provisions relating to any Subordinated Debt (its “the "Subordination Provisions”") shall fail to be enforceable by the Arrangers, the Administrative Agent and the Lenders in accordance with the terms thereof, (b) , or the monetary Obligations shall fail to constitute “"Senior Indebtedness” Debt" (or analogous similar term) referring to the Obligations; or Holdings, or (c) the either Borrower or any of their respective Subsidiaries shall, directly or indirectly, disavow or contest in any manner (xi) the effectiveness, validity or enforceability of any of the Subordination ProvisionProvisions, (yii) that the Subordination Provisions exist for the benefit of the Arrangers, the Administrative Agent and the Lenders or (ziii) 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. Unless otherwise waived or consented to by the Administrative Agent Agent, the Lenders and the Lenders Issuer in writing, (a) , the payment postponement and subordination provisions relating to any Subordinated Debt (its the “Subordination Provisions”) shall fail to be enforceable by the Administrative Agent Agent, the Lenders and the Lenders Issuer in accordance with the terms thereof, (b) , or the monetary Obligations Liabilities shall fail to constitute “Senior Indebtedness” (or analogous similar term) referring to the Obligations, or (c) Liabilities; or the Borrower or any of its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (xi) the effectiveness, validity or enforceability of any of the Subordination ProvisionProvisions, (yii) that the Subordination Provisions exist for the benefit of the Administrative Agent Agent, the Lenders and the Lenders Issuer or (ziii) 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. Unless otherwise waived or consented to by the Administrative Agent and the Required Lenders in writing, (a) , the payment postponement and subordination provisions relating to any Subordinated Debt (its the “Subordination Provisions”) shall fail to be enforceable by the Administrative Agent Agent, the Lenders and the Lenders Issuers in accordance with the terms thereof, (b) , or the monetary Obligations shall fail to constitute “Senior Indebtedness” (or analogous similar term) or “Senior Debt” referring to the Obligations, or (c) ; or the Borrower Parent or any of its Restricted Subsidiaries shall, directly or indirectly, disavow or contest in any manner (xi) the effectiveness, validity or enforceability of any of the Subordination ProvisionProvisions, (yii) that the Subordination Provisions exist for the benefit of the Administrative Agent and the Lenders Secured Parties or (ziii) 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. Unless otherwise waived or consented to by the Administrative Agent Agent, the Lenders and the Lenders Issuer in writing, (a) , the payment postponement and subordination provisions relating to any Subordinated Debt (its the “Subordination Provisions”) shall fail to be enforceable by the Administrative Agent Agent, the Lenders and the Lenders Issuer in accordance with the terms thereof, (b) , or the monetary Obligations shall fail to constitute “Senior Indebtedness” (or analogous similar term) referring to the Obligations, or (c) ; or the Borrower or any Subsidiaries of its Consolidated Entities shall, directly or indirectly, disavow or contest in any manner (xi) the effectiveness, validity or enforceability of any of the Subordination ProvisionProvisions, (yii) that the Subordination Provisions exist for the benefit of the Administrative Agent Agent, the Lenders and the Lenders Issuer or (ziii) 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. Unless otherwise waived or consented to by the Administrative Agent Agents, each Lender and the Lenders Issuers in writing, (a) , the payment postponement and subordination provisions relating to any Subordinated Debt (its “Subordination Provisions”the "SUBORDINATION PROVISIONS") shall fail to be enforceable by the Administrative Agent Agents, the Lenders and the Lenders Issuers in accordance with the terms thereof, (b) , or the monetary Obligations shall fail to constitute “"Senior Indebtedness” Debt" (or analogous similar term) referring to the Obligations; or Holdings, or (c) the either Borrower or any of their respective Subsidiaries shall, directly or indirectly, disavow or contest in any manner (xi) the effectiveness, validity or enforceability of any of the Subordination ProvisionProvisions, (yii) that the Subordination Provisions exist for the benefit of the Administrative Agent Agents, the Lenders and the Lenders Issuers or (ziii) 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. Unless otherwise waived or consented to by the Administrative Agent Agent, the Lenders and the Lenders Issuers in writing, (a) , the payment postponement and subordination provisions relating to any Subordinated Debt (its “the "Subordination Provisions”") shall fail to be enforceable by the Administrative Agent Agent, the Lenders and the Lenders Issuers in accordance with the terms thereof, (b) , or the monetary Obligations shall fail to constitute “"Senior Indebtedness” " (or analogous similar term) referring to the Obligations, or (c) ; or the Borrower or any of its Subsidiaries shall, directly or indirectly, disavow or contest in any manner (xa) the effectiveness, validity or enforceability of any of the Subordination ProvisionProvisions, (yb) that the Subordination Provisions exist for the benefit of the Administrative Agent Agent, the Lenders and the Lenders Issuers or (zc) 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.