Common use of No Prejudice or Impairment Clause in Contracts

No Prejudice or Impairment. No present or future holder of any Superior Debt shall be prejudiced in the right to enforce subordination of the Subordinated Debt by any act or failure to act on the part of the Company or the holders of the Subordinated Debt. Nothing contained herein shall impair, as between the Company and the holder of any Subordinated Debt, the obligation of the Company to pay to the holder thereof the principal thereof and interest thereon as and when the same shall become due and payable in accordance with the terms thereof and of this Agreement, or prevent the holder of any Subordinated Debt from exercising all rights, powers and remedies otherwise permitted by applicable law or hereunder upon a Potential Event of Default or Event of Default hereunder, all subject to the terms of this section 13 and the rights of the holders of the Superior Debt to receive cash, securities or other property otherwise payable or deliverable to the holders of Subordinated Debt.

Appears in 2 contracts

Samples: Note and Warrant Purchase Agreement (Eco Soil Systems Inc), Note and Warrant Purchase Agreement (Gni Group Inc /De/)

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No Prejudice or Impairment. No present or future holder of any Superior Debt Senior Indebtedness shall be prejudiced in the right to enforce subordination of the this Subordinated Debt Note by any act or failure to act on the part of the Company or the holders of the Subordinated DebtLessee. Nothing contained herein shall impair, as between the Company Lessee and the holder of any this Subordinated DebtNote, the obligation of the Company Lessee to pay to the holder thereof hereof the principal thereof hereof and premium, if any, and interest thereon hereon as and when the same shall become due and payable in accordance with the terms thereof and of this Agreementhereof, or or, except as provided herein, prevent the holder of any this Subordinated Debt Note from exercising all rights, powers and remedies otherwise permitted by applicable law or hereunder thereunder upon a Potential Event the happening of Default or Event an event of Default hereunderdefault in respect of this Subordinated Note, all subject to the terms of this section 13 and the rights of the holders of the Superior Debt Senior Indebtedness as provided in this Section to receive cash, securities or other property otherwise payable or deliverable to the holders holder of this Subordinated DebtNote directly or indirectly by the Lessee from any source whatsoever.

Appears in 1 contract

Samples: Lease Agreement (PPL Electric Utilities Corp)

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No Prejudice or Impairment. No present or future holder of any Superior Debt shall be prejudiced in the right to enforce subordination of the Subordinated Debt by any act or failure to act on the part of the Company or the holders of the Subordinated Debt. Nothing contained herein shall impair, as between the Company and the holder of any Subordinated Debt, the obligation of the Company to pay to the holder thereof the principal thereof and interest thereon as and when the same shall become due and payable in accordance with the terms thereof and of this Agreement, or prevent the holder of any Subordinated Debt from exercising all rights, powers and remedies otherwise permitted by applicable ap- plicable law or hereunder upon a Potential Event of Default or Event of Default hereunder, all subject to the terms of this section 13 and the rights of the holders of the Superior Debt to receive cash, securities or 36 other property otherwise payable or deliverable to the holders of Subordinated Debt.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Dixon Ticonderoga Co)

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