Common use of No Waiver of Subordination Provision Clause in Contracts

No Waiver of Subordination Provision. (a) No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided will at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuers or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuers 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 in any way limiting the generality of paragraph (i) of this Section, the holders of any Senior Indebtedness, in accordance with the terms of the instrument or agreement evidencing their 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 Securities, without incurring responsibility to the Holders of the Securities, and without impairing or releasing the subordination or other benefits provided in this Article XI, or the obligations hereunder of the Holders of the Securities to the holders of 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, exchange, amend, increase or alter, Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or any liability of any obligor thereon (unless such change, extension, amendment, increase or other alteration results in such Indebtedness no longer being Senior Indebtedness as defined in this Indenture); (b) sell, exchange, release or otherwise deal with any Property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) settle or compromise any Senior Indebtedness or any liability of any obligor thereon or release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Issuers and any other Person.

No Waiver of Subordination Provision. (a) No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided will shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuers Company or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by the Issuers Company 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 in any way limiting the generality of paragraph (i) of this Sectionthe foregoing paragraph, the holders of any Senior Indebtedness, in accordance with the terms of the instrument or agreement evidencing their Senior Indebtedness, Indebtedness may, at any time and from time to time, without the consent of of, or notice to to, the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the Holders of the Securities, Securities of such series and without impairing or releasing the subordination or other benefits provided in this Article XI, [One] or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior Indebtedness, do any one or more of the following: (ai) change the manner, place or terms of payment or extend the time of payment of, or renew, exchange, amend, increase renew or alter, or increase the amount of, Senior Indebtedness, or otherwise amend or supplement in any manner Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or any liability of any obligor thereon (unless such change, extension, amendment, increase or other alteration results in such Indebtedness no longer being Senior Indebtedness as defined in this Indenture)outstanding; (bii) sell, exchange, release or otherwise dispose of or deal with any Property property pledged, mortgaged or otherwise securing Senior Indebtedness; (ciii) settle or compromise any Senior Indebtedness or any liability of any obligor thereon or release any Person person liable in any manner for the payment or collection of Senior Indebtedness; and (div) exercise or refrain from exercising any rights against the Issuers and Company or any other Personperson; and (v) apply any sums paid in respect of Senior Indebtedness to Senior Indebtedness, regardless of who made such payment or how such payment was realized.

No Waiver of Subordination Provision. (a) No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided will shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuers Company or by any act or failure to act, in good faith, act by any such holder, or by any non-non- compliance by the Issuers Company with the terms, provisions and covenants terms of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. (b) Without in any way limiting the generality of paragraph (ia) of this Section, the holders of any Senior Indebtedness, in accordance with the terms of the instrument or agreement evidencing their 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 Securities, without incurring responsibility to the Holders of the Securities, Securities and without impairing or releasing the subordination or other benefits provided in this Article XIArticle, or the obligations hereunder of the Holders of the Securities to the holders of 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, exchange, amend, increase or alter, Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or any liability of any obligor thereon (unless such change, extension, amendment, increase or other alteration results in such Indebtedness no longer being Senior Indebtedness as defined in this Indenture); (b2) sell, exchange, release or otherwise deal with any Property pledged, mortgaged or otherwise securing Senior Indebtedness; (c3) settle or compromise any Senior Indebtedness or any liability of any obligor thereon or release any Person liable in any manner for the -108- collection of Senior Indebtedness; and (d4) exercise or refrain from exercising any rights against the Issuers Company and any other Person.

No Waiver of Subordination Provision. (ai) No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided will shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuers Company or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuers Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. (bii) Without in any way limiting the generality of paragraph (i) of this SectionSection 12.08, the holders of any Senior Indebtedness, in accordance with the terms of the instrument or agreement evidencing their 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 Subordinated Debt Securities, without incurring responsibility to the Holders of the Securities, Subordinated Debt Securities and without impairing or releasing the subordination or other benefits provided in this Article XIXII, or the obligations hereunder of the Holders of the Subordinated Debt Securities to the holders of 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, exchange, amend, increase or alter, Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or any liability of any obligor thereon (unless such change, extension, amendment, increase or other alteration results in such Indebtedness no longer being Senior Indebtedness as defined in this Indenture); , (b) sell, exchange, release or otherwise deal with any Property pledged, mortgaged or otherwise securing Senior Indebtedness; , (c) settle or compromise any Senior Indebtedness or any liability of any obligor thereon or release any Person liable in any manner for the collection of Senior Indebtedness; , and (d) exercise or refrain from exercising any rights against the Issuers Company and any other Person.

No Waiver of Subordination Provision. (a1) No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided will shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuers Company or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuers Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. (b2) Without in any way limiting the generality generally of paragraph (i) of this Section, the holders of any Senior Indebtedness, in accordance with the terms of the instrument or agreement evidencing their 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 Securities, without incurring responsibility to the Holders of the Securities, Securities and without impairing or releasing the subordination or other benefits provided in this Article XIArticle, or the obligations hereunder of the Holders of the Securities to the holders of 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, exchange, amend, increase or alter, Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or any liability of any obligor thereon (unless such change, extension, amendment, increase or other alteration results in such Indebtedness no longer being Senior Indebtedness as defined in this Indenture); (b) sell, exchange, release or otherwise deal with any Property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) settle or compromise any Senior Indebtedness or any liability of any obligor thereon or release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Issuers Company and any other Person.

No Waiver of Subordination Provision. (a) No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided will at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuers Company or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuers Company 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 in any way limiting the generality of paragraph (i) of this Section, the holders of any Senior Indebtedness, in accordance with the terms of the instrument or agreement evidencing their 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 Securities, without incurring responsibility to the Holders of the Securities, and without impairing or releasing the subordination or other benefits provided in this Article XI14, or the obligations hereunder of the ---------- Holders of the Securities to the holders of 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, exchange, amend, increase or alter, Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or any liability of any obligor thereon (unless such change, extension, amendment, increase or other alteration results in such Indebtedness no longer being Senior Indebtedness as defined in this Indenture); (b) sell, exchange, release or otherwise deal with any Property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) settle or compromise any Senior Indebtedness or any liability of any obligor thereon or release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Issuers Company and any other Person.

No Waiver of Subordination Provision. (a) No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided will shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuers Company or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by the Issuers Company with the terms, provisions and covenants terms of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. (b) Without in any way limiting the generality of paragraph (ia) of this Section, the holders of any Senior Indebtedness, in accordance with the terms of the instrument or agreement evidencing their 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 Securities, without incurring responsibility to the Holders of the Securities, Securities and without impairing or releasing the subordination or other benefits provided in this Article XIArticle, or the obligations hereunder of the Holders of the Securities to the holders of 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, exchange, amend, increase or alter, Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or any liability of any obligor thereon (unless such change, extension, amendment, increase or other alteration results in such Indebtedness no longer being Senior Indebtedness as defined in this Indenture); (b2) sell, exchange, release or otherwise deal with any Property pledged, mortgaged or otherwise securing Senior Indebtedness; (c3) settle or compromise any Senior Indebtedness or any liability of any obligor thereon or release any Person liable in any manner for the collection of Senior Indebtedness; and (d4) exercise or refrain from exercising any rights against the Issuers Company and any other Person.

No Waiver of Subordination Provision. (a) No right of any present or future holder of any Senior Indebtedness Debt to enforce subordination as herein provided will shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuers Company or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by the Issuers Company 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 in any way limiting the generality of paragraph (i) of this Sectionthe foregoing paragraph, the holders of any Senior Indebtedness, in accordance with the terms of the instrument or agreement evidencing their Senior Indebtedness, Debt may, at any time and from time to time, without the consent of of, or notice to to, the Trustee or the Holders holders of the SecuritiesDebentures of any series, without incurring responsibility to the Holders holders of the Securities, Debentures of such series and without impairing or releasing the subordination or other benefits provided in this Article XI, XIV or the obligations hereunder of the Holders holders of the Securities Debentures of such series to the holders of Senior IndebtednessDebt, do any one or more of the following: (ai) change the manner, place or terms of payment or extend the time of payment of, or renew, exchange, amend, increase renew or alter, or increase the amount of, Senior Indebtedness Debt, or the terms of otherwise amend or supplement in any manner Senior Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or any liability of any obligor thereon (unless such change, extension, amendment, increase or other alteration results in such Indebtedness no longer being Senior Indebtedness as defined in this Indenture)outstanding; (bii) sell, exchange, release or otherwise dispose of or deal with any Property property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (ciii) settle or compromise any Senior Indebtedness or any liability of any obligor thereon or release any Person person liable in any manner for the payment or collection of Senior IndebtednessDebt; and (div) exercise or refrain from exercising any rights against the Issuers and Company or any other Personperson; and (v) apply any sums paid in respect of Senior Debt to Senior Debt, regardless of who made such payment or how such payment was realized.

No Waiver of Subordination Provision. (a) No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided will shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuers Company or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by the Issuers Company 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 in any way limiting the generality of paragraph (i) of this Sectionthe foregoing paragraph, the holders of any Senior Indebtedness, in accordance with the terms of the instrument or agreement evidencing their Senior Indebtedness, Indebtedness may, at any time and from time to time, without the consent of of, or notice to to, the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the Holders of the Securities, Securities of such series and without impairing or releasing the subordination or other benefits provided in this Article XI, One or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior Indebtedness, do any one or more of the following: (ai) change the manner, place or terms of payment or extend the time of payment of, or renew, exchange, amend, increase renew or alter, or increase the amount of, Senior Indebtedness, or otherwise amend or supplement in any manner Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or any liability of any obligor thereon (unless such change, extension, amendment, increase or other alteration results in such Indebtedness no longer being Senior Indebtedness as defined in this Indenture)outstanding; (bii) sell, exchange, release or otherwise dispose of or deal with any Property property pledged, mortgaged or otherwise securing Senior Indebtedness; (ciii) settle or compromise any Senior Indebtedness or any liability of any obligor thereon or release any Person person liable in any manner for the payment or collection of Senior Indebtedness; and (div) exercise or refrain from exercising any rights against the Issuers and Company or any other Personperson; and (v) apply any sums paid in respect of Senior Indebtedness to Senior Indebtedness, regardless of who made such payment or how such payment was realized.