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 of the Company to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by (i) any amendment of or addition or supplement to any such Senior Indebtedness or any instrument or agreement relating thereto (unless otherwise expressly provided therein), or (ii) 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 the instrument, regardless of any knowledge thereof which any such holder may have or otherwise be charged with or (iii) a failure to act by any Holders of Securities or the failure of such Holder to comply with this Indenture.

Appears in 7 contracts

Samples: Indenture (Aspect Telecommunications Corp), Indenture (Wellpoint Health Networks Inc /De/), Indenture (Austin Funding Com Corp)

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No Impairment of Subordination. No right of any present or future holder of any Senior Indebtedness of the Company to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by (i) any amendment of or addition or supplement to any such Senior Indebtedness or any instrument or agreement relating thereto (unless otherwise expressly provided therein), or (ii) 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 the instrument, regardless of any knowledge thereof which any such holder may have or otherwise be charged with or (iii) a failure to act by any Holders of Securities or the failure of such Holder to comply with this Indenturewith.

Appears in 2 contracts

Samples: Indenture (Network Associates Inc), Indenture (Network Associates Inc)

No Impairment of Subordination. No right of any present or future holder of any Senior Indebtedness of the Company to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by (i) any amendment of or addition or supplement to any such Senior Indebtedness or any instrument or agreement relating thereto (unless otherwise expressly provided therein), or (ii) any act or failure to act on the part of the Company Company, the Trustee or the Holder of any of the Securities of any series or by any act act, or failure to act, in good faith, by any such holderholder of Senior Indebtedness, or by any noncompliance by the Company Company, the Trustee or the Holder of any of the Securities of any series with the terms, provisions and covenants of the instrumentthis Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with or (iii) a failure to act by any Holders of Securities or the failure of such Holder to comply with this Indenturewith.

Appears in 2 contracts

Samples: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

No Impairment of Subordination. No right of any present or future holder of any Senior Indebtedness of the Company to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by (i) any amendment of or addition or supplement to any such Senior Indebtedness or any instrument or agreement relating thereto (unless otherwise expressly provided therein), or (ii) 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 the instrument, regardless of any knowledge thereof which any such holder may have or otherwise be charged with or (iii) a failure to act by any Holders the holder of Securities this Note or the failure of such Holder holder to comply with this IndentureNote.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Wellpoint Health Networks Inc /De/), Merger Agreement (Wellpoint Health Networks Inc /De/)

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No Impairment of Subordination. No right of any present or future holder of any Specified Senior Indebtedness of the Company to enforce subordination as herein provided shall at any time in any way be prejudiced preju diced or impaired by (i) any amendment of or addition or supplement to any such Specified Senior Indebtedness or any instrument or agreement relating thereto (unless otherwise expressly provided therein), or (ii) 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 non compliance by the Company with the terms, provisions and covenants of the instrument, regardless of any knowledge thereof which any such holder may have or otherwise be charged with or (iii) a failure to act by any Holders of Securities or the failure of such Holder to comply with this Indenturewith.

Appears in 1 contract

Samples: Indenture (Triarc Companies Inc)

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