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

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt of any Guarantor to enforce subordination as provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or such Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer or such Guarantor with the terms of this Indenture, regardless of any knowledge thereof any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Guarantor Senior Debt of any Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior Debt, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt or any Senior Debt to which such Guarantor Senior Debt relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt of any Guarantor to enforce subordination as provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Company or such any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer Company or such any Guarantor with the terms of this Indenture, regardless of any knowledge thereof any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Guarantor Senior Debt of any Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Twelve 12 or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior Debt, do any one or more of the following: (1following:(1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt or any Senior Debt to which such Guarantor Senior Debt relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.

No Waiver of Guarantee Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Debt Indebtedness of any Guarantor or Designated Senior Indebtedness to enforce subordination as herein provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Company or such any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer Company or such any Guarantor with the terms terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise be charged with. . (b) Without in any way limiting the generality of the foregoing paragraphsubsection (a) of this Section 11.11, the holders of Guarantor Senior Debt Indebtedness of any Guarantor may, at any time and from time to time, without the consent of or notice to the TrusteeTrustee or the Holders of the Securities, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Twelve XI or the obligations hereunder of the Holders of the Guarantees Securities to the holders of such Guarantor Senior DebtIndebtedness, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt relates, Indebtedness relates or otherwise amend any instrument evidencing the same or supplement in any manner agreement under which 98 -90- such Guarantor Senior Debt Indebtedness or any such Senior Debt to which such Guarantor Senior Debt relatesIndebtedness is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Personperson; provided that in no event shall any such actions limit the right of the Holders of the Securities to take any action to accelerate the maturity of the Securities pursuant to Article VI hereof or to pursue any rights or remedies hereunder or under applicable laws if the taking of such action does not otherwise violate the terms of this Indenture.

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt Indebtedness of any Guarantor to enforce subordination as provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Company or such any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer Company or such any Guarantor with the terms of this Indenture, regardless of any knowledge thereof any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Guarantor Senior Debt Indebtedness of any Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior DebtIndebtedness, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness to which such Guarantor Senior Debt Guarxxxxx Xxnior Indebtedness relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt of any Guarantor to enforce subordination as provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or such Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer Company or such any Guarantor with the terms of this Indenture, regardless of any knowledge thereof any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Guarantor Senior Debt Indebtedness of any Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Twelve Ten B or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior DebtIndebtedness, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness to which such Guarantor Senior Debt Indebtedness relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.

No Waiver of Guarantee Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Debt Indebtedness of any Guarantor or any Designated Senior Indebtedness to enforce subordination as herein provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Company or such any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer Company or such any Guarantor with the terms terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise be charged with. . (b) Without in any way limiting the generality of the foregoing paragraphSection 12.11(a), the holders of Guarantor Senior Debt Indebtedness of any Guarantor may, at any time and from time to time, without the consent of or notice to the TrusteeTrustee or the Holders of the Securities, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Guarantees Securities to the holders of such Guarantor Senior DebtIndebtedness, do any one or more of the following: (1) change the manner, place or terms of payment or the amount of interest, fees or other amounts payable, in respect of Guarantor Senior Indebtedness or Senior Indebtedness; (2) extend the time of payment of, or renew renew, increase or otherwise alter, such Guarantor Senior Debt Indebtedness or any Senior Debt as to which such Guarantor Senior Debt relatesIndebtedness, or amend, waive, or otherwise amend modify any terms of any instrument or supplement in agreement of any manner such kind evidencing, guaranteeing, securing or otherwise affecting or relating to Guarantor Senior Debt Indebtedness or any Senior Debt to which such Guarantor Senior Debt relatesIndebtedness; (23) exchange, release, sell, exchange, release fail to perfect any security interest or other Lien on or otherwise deal with with, any property pledged, mortgaged or otherwise subject to a security interest or other Lien securing such Guarantor Senior Debt Indebtedness or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.Indebtedness;

No Waiver of Guarantee Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Debt of any Guarantor or Designated Senior Debt to enforce subordination as herein provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Company or such any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer Company or such any Guarantor with the terms terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise be charged with. . (b) Without in any way limiting the generality of the foregoing paragraphsubsection (a) of this Section 13.11, the holders of Guarantor Senior Debt of any Guarantor may, at any time and from time to time, without the consent of or notice to the TrusteeTrustee or the Holders of the Notes, without incurring responsibility to the Trustee or the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Twelve Thirteen or the obligations hereunder of the Holders of the Guarantees Notes to the holders of such Guarantor Senior Debt, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates, relates or otherwise amend any instrument evidencing the same or supplement in any manner agreement under which such Guarantor Senior Debt or any such Senior Debt to which such Guarantor Senior Debt relatesis outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Personperson; provided that in no event shall any such actions limit the right of the Holders of the Notes to take any action to accelerate the maturity of the Notes pursuant to Article Five hereof or to pursue any rights or remedies hereunder or under applicable laws if the taking of such action does not otherwise violate the terms of this Indenture.

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt of any Guarantor to enforce subordination as provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or such Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer or such Guarantor with the terms of this Indenture, regardless of any knowledge thereof any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraphSection 12.09, the holders or owners of Guarantor Senior Debt of any Guarantor may, at any time and from time to time, without the consent of or notice to the TrusteeTrustee or the Holders of the Securities, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Guarantees Securities to the holders of such Guarantor Senior Debt, do any one or more of the following: (1a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such all or any of the Guarantor Senior Debt or (including any Senior Debt as to which such Guarantor Senior Debt relates, change in the rate of interest thereon) or otherwise amend or supplement in any manner such manner, or grant any waiver or release with respect to, Guarantor Senior Debt or any Senior Debt to instrument evidencing the same or any agreement under which such Guarantor Senior Debt relatesis outstanding or secured; (2b) sell, exchange, release release, not perfect or otherwise deal with any property at any time pledged, assigned, mortgaged or otherwise securing such Guarantor Senior Debt Debt, or amend, or grant any waiver or release with respect to, or consent to, any departure from any guarantee for all or any Senior Debt as to which such of the Guarantor Senior Debt relatesDebt; (3c) release any person Person liable in any manner for the collection under or payment in respect of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relatesDebt; and (4d) exercise or refrain from exercising any rights against such , and release from obligations of any type, the Guarantor and any other Person; and (e) apply any sums from time to time received to the Guarantor Senior Debt.

No Waiver of Guarantee Subordination Provisions. (a) No right of any present or future holder Holder of any Guarantor Senior Debt Indebtedness of any Guarantor or Designated Senior Indebtedness to enforce subordination as herein provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Company or such any Guarantor or by any act or failure to act, in good faith, by any such holderHolder, or by any non-compliance by the Issuer Company or such any Guarantor with the terms terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder Holder may have or be otherwise be charged with. . (b) Without in any way limiting the generality of the foregoing paragraphsubsection (a) of this Section 13.11, the holders Holders of Guarantor Senior Debt Indebtedness of any Guarantor may, at any time and from time to time, without the consent of or notice to the TrusteeTrustee or the Holders of the Notes, without incurring responsibility to the Trustee or the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Twelve Thirteen or the obligations hereunder of the Holders of the Guarantees Notes to the holders Holders of such Guarantor Senior DebtIndebtedness, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt Indebtedness relates or any Senior Debt to instrument evidencing the same or any agreement under which such Guarantor Senior Debt relatesIndebtedness or such Senior Indebtedness is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Personperson; provided that in no event shall any such actions limit the right of the Holders of the Notes to take any action to accelerate the maturity of the Notes pursuant to Article Five hereof or to pursue any rights or remedies hereunder or under applicable laws if the taking of such action does not otherwise violate the terms of this Indenture.

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt of any Guarantor to enforce subordination as provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer 128 -119- or such Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer or such Guarantor with the terms of this Indenture, regardless of any knowledge thereof any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Guarantor Senior Debt of any Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Twelve or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior Debt, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt or any Senior Debt to which such Guarantor Senior Debt relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.

No Waiver of Guarantee Subordination Provisions. (a) No right of any present or future holder of any the Guarantor Senior Debt of any Guarantor or Designated Senior Debt to enforce subordination as herein provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Company or such the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer Company or such the Guarantor with the terms terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise be charged with. . (b) Without in any way limiting the generality of the foregoing paragraphsubsection (a) of this Section 13.9, the holders of Guarantor Senior Debt of any Guarantor may, at any time and from time to time, without the consent of or notice to the TrusteeTrustee or the Holders of the Notes, without incurring responsibility to the Trustee or the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Twelve Thirteen or the obligations hereunder of the Holders of the Guarantees Notes to the holders of such Guarantor Senior Debt, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates, relates or otherwise amend any instrument evidencing the same or supplement in any manner agreement under which such Guarantor Senior Debt or any such Senior Debt to which such Guarantor Senior Debt relatesis outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such the Guarantor and any other Personperson; provided that in no event shall any such actions limit the right of the Holders of the Notes to take any action to accelerate the maturity of the Notes pursuant to Article Four hereof or to pursue any rights or remedies hereunder or under applicable laws if the taking of such action does not otherwise violate the terms of this Indenture.

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt Indebtedness of any Guarantor to enforce subordination as provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Company or such any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer Company or such any Guarantor with the terms of this Indenture, regardless of any knowledge thereof any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Guarantor Senior Debt Indebtedness of any Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Twelve Ten B or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior DebtIndebtedness, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness to which such Guarantor Senior Debt Indebtedness relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.any

No Waiver of Guarantee Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Debt Indebtedness of any Guarantor to enforce subordination as herein provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or such Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer or such Guarantor with the terms terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise be charged with. . (b) Without in any way limiting the generality of the foregoing paragraphsubsection (a) of this Section 14.11, the holders of Guarantor Senior Debt Indebtedness of any Guarantor may, at any time and from time to time, without the consent of or notice to the TrusteeTrustee or the Holders of the Securities, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Twelve Fourteen or the obligations hereunder of the Holders of the Guarantees Securities to the holders of such Guarantor Senior DebtIndebtedness, do any one or more of the following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt Indebtedness or any Senior Debt as to instrument evidencing the same or any agreement under which such Guarantor Senior Debt relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt or any Senior Debt to which such Guarantor Senior Debt relatesIndebtedness is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.Indebtedness;