Common use of No Impairment of Subordination Clause in Contracts

No Impairment of Subordination. No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Security, regardless of any knowledge thereof which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of the Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the holder of this Security, without incurring responsibility to the holder of this Security, and without impairing or releasing the subordination provided in this Security or the obligations of the holder of this Security to the holders of the Senior Indebtedness, do any one or more of the following: (a) change the manner, place, or terms of payment (including any change in the rate of interest) or extend the time of payment of, or renew, amend, modify, alter, or grant any waiver or release with respect to, or consent to any departure from, any Senior Indebtedness or any instrument evidencing the same or any agreement evidencing, governing, creating, guaranteeing or securing any Senior Indebtedness; (b) sell, exchange, release, or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable under or in respect of the Senior Indebtedness; (d) fail or delay in the perfection of liens securing the Senior Indebtedness; (e) exercise or refrain from exercising any rights against Company and any other Person; or (f) amend, or grant any waiver or release with respect to, or consent to any departure from, any guarantee for all or any of the Senior Indebtedness.

No Impairment of Subordination. No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this SecurityInstrument, regardless of any knowledge thereof which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of the Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the holder of this SecurityInstrument, without incurring responsibility to the holder of this SecurityInstrument, and without impairing or releasing the subordination provided in this Security Instrument or the obligations of the holder of this Security Instrument to the holders of the Senior Indebtedness, do any one or more of the following: (a) change the manner, place, or terms of payment (including any change in the rate of interest) or extend the time of payment of, or renew, amend, modify, alter, or grant any waiver or release with respect to, or consent to any departure from, any Senior Indebtedness or any instrument evidencing the same or any agreement evidencing, governing, creating, guaranteeing or securing any Senior Indebtedness; (b) sell, exchange, release, or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable under or in respect of the Senior Indebtedness; (d) fail or delay in the perfection of liens securing the Senior Indebtedness; (e) exercise or refrain from exercising any rights against Company and any other Person; or (f) amend, or grant any waiver or release with respect to, or consent to any departure from, any guarantee for all or any of the Senior Indebtedness.

No Impairment of Subordination. No right of any present or future holder of any Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this SecurityNote, regardless of any knowledge thereof which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of the Senior Indebtedness Debt may, at any time and from time to time, without the consent of or notice to the holder of this SecurityHolder, without incurring responsibility to the holder of this SecurityHolder, and without impairing or releasing the subordination provided in this Security Note or the obligations of the holder of this Security Holder to the holders of the Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place, or terms of payment (including any change in the rate of interest) or extend the time of payment of, or renew, amend, modify, alter, or grant any waiver or release with respect to, or consent to any departure from, any Senior Indebtedness Debt or any instrument evidencing the same or any agreement evidencing, governing, creating, guaranteeing or securing any Senior IndebtednessDebt; (b) sell, exchange, release, or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable under or in respect of the Senior IndebtednessDebt; (d) fail or delay in the perfection of liens securing the Senior IndebtednessDebt; (e) exercise or refrain from exercising any rights against Company and any other Person; or (f) amend, or grant any waiver or release with respect to, or consent to any departure from, any guarantee for all or any of the Senior IndebtednessDebt.

No Impairment of Subordination. No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Guarantor or by any act or failure to act, in good faith, by any such holderthe Company, or by any noncompliance by the Company Guarantor with the terms, provisions and covenants of this SecurityGuaranty, regardless of any knowledge thereof which any such holder the Company may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of the Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the holder of this SecurityCompany, without incurring responsibility to the holder of this SecurityCompany, and without impairing or releasing the subordination provided in this Security Guaranty or the obligations of the holder of this Security Company to the holders of the Senior Indebtedness, do any one or more of the following: (a) change the manner, place, or terms of payment (including any change in the rate of interest) or extend the time of payment of, or renew, amend, modify, alter, or grant any waiver or release with respect to, or consent to any departure from, any Senior Indebtedness or any instrument evidencing the same or any agreement evidencing, governing, creating, guaranteeing or securing any Senior Indebtedness; (b) sell, exchange, release, or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable under or in respect of the Senior Indebtedness; (d) fail or delay in the perfection of liens securing the Senior Indebtedness; (e) exercise or refrain from exercising any rights against Company Guarantor and any other Person; or (f) amend, or grant any waiver or release with respect to, or consent to any departure from, any guarantee for all or any of the Senior Indebtedness.

No Impairment of Subordination. (a) No right of any present or future holder of any Senior Indebtedness to enforce the subordination as herein provided in this Article 11 shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of by the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this SecurityAgreement, the Notes, the Warrants or any other Transaction Document or any other agreement regardless of any knowledge thereof which any such holder may have or be otherwise be charged with. . (b) Without in any way limiting the generality of the foregoing paragraphSubsection 11.9(a), the holders of the any Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the holder any holders of this SecurityNote Indebtedness, without incurring responsibility any liabilities to the any holder of this Security, Note Indebtedness and without impairing or releasing the subordination and other benefits provided in this Security Agreement or the obligations of the holder holders of this Security Note Indebtedness to the holders of the such Senior Indebtedness, even if the right of reimbursement or subrogation or other right or remedy of any holder of Note Indebtedness is affected, impaired or extinguished thereby, do any one or more of the following: (ai) change amend, renew, exchange, extend, modify, increase or supplement in any manner such Senior Indebtedness or any instrument evidencing or guaranteeing or securing such Senior Indebtedness or any agreement under which such Senior Indebtedness is outstanding (including, but not limited to, changing the manner, place, place or terms of payment (including any change in the rate of interest) or extend changing or extending the time of payment of, or renewrenewing, amendexchanging, modifyamending, alterincreasing, releasing, terminating or altering, (1) the terms of such Senior Indebtedness, (2) any security for, or grant any waiver or release with respect toguarantee of, or consent to such Senior Indebtedness, (3) any departure from, liability of any obligor on such Senior Indebtedness (including any guarantor) or any instrument evidencing the same or any agreement evidencing, governing, creating, guaranteeing or securing any liability Incurred in respect of such Senior Indebtedness); (bii) sell, exchange, release, surrender, realize upon, enforce or otherwise deal with in any manner and in any order any property pledged, mortgaged or otherwise securing such Senior Indebtedness or any liability of any obligor thereon, to such holder, or any liability incurred in respect thereof; (iii) settle or compromise any such Senior Indebtedness or any other liability of any obligor of such Senior Indebtedness to such holder or any security therefor or any liability incurred in respect thereof and apply any sums by whomsoever paid and however realized to any liability (including, without limitation, payment of any of Senior Indebtedness) in any manner or order; and (civ) release release, terminate or otherwise cancel, or fail to take or to record or otherwise perfect, for any Person liable under reason or in respect of the for no reason, any Lien or security interest securing such Senior Indebtedness; (d) fail Indebtedness by whomsoever granted, exercise or delay in the perfection of liens securing the Senior Indebtedness; (e) exercise or refrain from exercising any rights right or remedy against Company and any obligor or any guarantor or any other Person; or (f) amend, or grant elect any waiver or release remedy and otherwise deal freely with respect to, or consent to any departure from, obligor and any guarantee security for all such Senior Indebtedness or any liability of any obligor to the holders of such Senior Indebtedness or any liability incurred in respect of such Senior Indebtedness. (c) No amendment or modification of the terms or provisions of the Note Indebtedness shall be made without the consent of the holders of the Senior Indebtedness if such amendment or modification would have a material adverse effect on the rights or remedies of the holders of Senior Indebtedness.

No Impairment of Subordination. No right (*) of any present or future holder of any Designated Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Securitya Convertible Note, regardless of any knowledge thereof which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of the Designated Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the holder of this Securitya Holder, without incurring responsibility to the holder of this Securitysuch Holder, and without impairing or releasing the subordination provided in this Security Agreement or the obligations of the holder of this Security such Holder to the holders of the Designated Senior Indebtedness, do any one or more of the following: (a) change the manner, place, or terms of payment (including any change in the rate of interest) or extend the time of payment of, or renew, amend, modify, alter, or grant any waiver or release with respect to, or consent to any departure from, any Designated Senior Indebtedness or any instrument evidencing the same or any agreement evidencing, governing, creating, guaranteeing or securing any Designated Senior Indebtedness; (b) sell, exchange, release, or otherwise deal with any property pledged, mortgaged or otherwise securing Designated Senior Indebtedness; (c) release any Person liable under or in respect of the Designated Senior Indebtedness; (d) fail or delay in the perfection of liens securing the Designated Senior Indebtedness; (e) exercise or refrain from exercising any rights against Company and any other Person; or (f) amend, or grant any waiver or release with respect to, or consent to any departure from, any guarantee for all or any of the Designated Senior Indebtedness.