Common use of No Waiver of Guarantee Subordination Provisions Clause in Contracts

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION 12.09, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Notes, without incurring responsibility to the Holders of the Notes and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Notes to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.

Appears in 2 contracts

Samples: Indenture (Polymer Group Inc), Indenture (Polymer Group Inc)

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No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION 12.09Section 3.13, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee GOF and/or its successors or the Holders of the Notesassigns, without incurring responsibility to the Holders of the Notes GOF and/or its successors or assigns and without impairing or releasing the subordination provided in this Article Twelve III or the obligations hereunder of the Holders of the Notes GOF and/or its successors and assigns to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.

Appears in 2 contracts

Samples: Senior Subordinated Note Purchase Agreement (Matlinpatterson Global Opportunities Partners Lp), Senior Subordinated Note Purchase Agreement (Polymer Group Inc)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION 12.09Section 11.9, the holders Lenders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee Arranger or the Holders of the NotesLenders, without incurring responsibility to the Holders of the Notes Lenders and without impairing or releasing the subordination provided in this Article Twelve Section 11 or the obligations hereunder of the Holders of the Notes Lenders to the holders Lenders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.

Appears in 2 contracts

Samples: Senior Subordinated Credit Agreement (Primestar Inc), Senior Subordinated Credit Agreement (Primestar Inc)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION 12.09Section 8.9, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Notes, without incurring responsibility to the Holders of the Notes and without impairing or releasing the subordination provided in this Article Twelve Eight or the obligations hereunder of the Holders of the Notes to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.

Appears in 2 contracts

Samples: Supplemental Indenture (Canandaigua LTD), Exhibit (Constellation Brands Inc)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION Section 12.09, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the NotesSecurities, without incurring responsibility to the Holders of the Notes Securities and without impairing or releasing the subordination provided in this Article Twelve or the obligations obli- gations hereunder of the Holders of the Notes Securities to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the mannerman- ner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or securedse- cured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.

Appears in 1 contract

Samples: Indenture (Newport News Shipbuilding Inc)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION Section 12.09, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the NotesSecurities, without incurring responsibility to the Holders of the Notes Securities and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Notes Securities to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor the Guarantors and any other Person.

Appears in 1 contract

Samples: Indenture (West Texas & Lubbock Railroad Co Inc)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION 12.09Section 13.09, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the NotesSecurities, without incurring responsibility to the Holders of the Notes Securities and without impairing or releasing the subordination provided in this Article Twelve Thirteen or the obligations hereunder of the Holders of the Notes Securities to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any the Guarantor and any other Person.

Appears in 1 contract

Samples: Indenture (Collins & Aikman Products Co)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION 12.09Section 12.08, the holders of Guarantor Senior Indebtedness of Holdings or a Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the NotesSecurities, without incurring responsibility to the Holders of the Notes Securities and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Notes Securities to the holders of Guarantor such Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor such Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor such Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor such Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor such Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.

Appears in 1 contract

Samples: Indenture (Graham Packaging Holdings Co)

No Waiver of Guarantee Subordination Provisions. Without (a) No right of any present or future holder of any Guarantor Senior Indebtedness of any Guarantor 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 such Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by such Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. (b) Without limiting the generality of SECTION 12.09subsection (a) of this Section 15.11, the holders of Guarantor Senior Indebtedness of any Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the NotesSecurities, without incurring responsibility to the Holders of the Notes Securities and without impairing or releasing the subordination provided in this Article Twelve Fifteen or the obligations hereunder of the Holders of the Notes Securities to the holders of such Guarantor Senior Indebtedness, do any one or more of the following: (a1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which such Guarantor Senior Indebtedness is outstanding or securedoutstanding; (b2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.;

Appears in 1 contract

Samples: Indenture (Golden Sky Systems Inc)

No Waiver of Guarantee Subordination Provisions. Without in ----------------------------------------------- any way limiting the generality of SECTION 12.09Section 14.09, the holders Lenders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee An-anger or the Holders of the NotesLenders, without incurring responsibility to the Holders of the Notes Lenders and without impairing or releasing the subordination provided in this Article Twelve Section 14 or the obligations hereunder of the Holders of the Notes Lenders to the holders Lenders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Princess Beverly Coal Holding Co Inc)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION 12.09Section 10.07, the holders of Guarantor Senior Indebtedness Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the NotesSecurities, without incurring responsibility to the Holders of the Notes Securities and without impairing or releasing the subordination provided in this Article Twelve Ten or the obligations hereunder of the Holders of the Notes Securities to the holders of Guarantor Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Guarantor Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against any the Guarantor and any other Person.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Note Agreement (Designs Inc)

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No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION Section 12.09, the holders of Guarantor Senior Indebtedness of any Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders holders of the NotesSecurities, without incurring responsibility to the Holders holders of the Notes Securities and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders holders of the Notes Securities to the holders of Guarantor Senior IndebtednessIndebtedness of any Guarantor, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness of any Guarantor or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness of any Guarantor is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior IndebtednessIndebtedness of any Guarantor; (c) release any Person liable in any manner for the collection of Guarantor Senior IndebtednessIndebtedness of any Guarantor; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.

Appears in 1 contract

Samples: Indenture (Carson Products Co)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION 12.09Section 12.08, the holders of Guarantor Senior Indebtedness mayDebt of any Guarantor, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the NotesSecurities, without incurring responsibility to the Holders of the Notes Securities and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Notes Securities to the holders of such Guarantor Senior IndebtednessDebt, may do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which such Guarantor Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of such Guarantor Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against any the Guarantor and any other Person.

Appears in 1 contract

Samples: Indenture (Cadmus Communications Corp/New)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION 12.09Section 12.08, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the NotesHolders, without incurring responsibility to the Holders of the Notes and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Notes to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.

Appears in 1 contract

Samples: Indenture (Carrols Corp)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION Section 12.09, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the NotesSecurities, without incurring responsibility to the Holders of the Notes Securities and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Notes Securities to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any the Guarantor and any other Person.

Appears in 1 contract

Samples: Indenture (Fedders North America Inc)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION 12.09Section 12.08, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Notes, without incurring responsibility to the Holders of the Notes and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Notes to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.

Appears in 1 contract

Samples: Indenture (Language Line Costa Rica, LLC)

No Waiver of Guarantee Subordination Provisions. Without in any way limiting the generality of SECTION 12.09Section 12.08, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Notes, without incurring responsibility to the Holders of the Notes and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Notes to the holders of Guarantor Senior Indebtedness, do any one anyone or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness; ; (ca) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against any Guarantor and any other Person.

Appears in 1 contract

Samples: Indenture (Atlantic Broadband Management, LLC)

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