Common use of No Waiver of Subordination Provisions; Amendment Clause in Contracts

No Waiver of Subordination Provisions; Amendment. No right of any present or future holder of any Senior Indebtedness 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 Borrower or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Borrower with the terms, provisions, and covenants of this Agreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing, the holders of Senior Indebtedness may at any time and from time to time, without the consent of or notice to the Lenders or any other holder of the Notes, without incurring responsibility to the Lenders or such holders and without impairing or releasing the subordination provided in this Section 9 or the obligations hereunder of the Lenders and such holders to the holders of Senior Indebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release any Person liable in any manner for the collection of Senior Indebtedness; (iv) exercise or refrain from exercising any rights against the Borrower and any other Person or any security therefor; and (v) take or refrain from taking any other action whether similar or dissimilar to the foregoing.

No Waiver of Subordination Provisions; Amendment. No right of any present or future holder of any Senior Indebtedness to enforce subordination or other terms and provisions 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 Borrower Company or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Borrower Company with the terms, provisions, and covenants of this Agreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing, the holders of Senior Indebtedness may at any time and from time to time, without the consent of or notice to the Lenders Purchasers or any other holder Holder of the Notes, without incurring responsibility to the Lenders or such holders Holders and without impairing or releasing the subordination provided in this Section 9 or the obligations hereunder of the Lenders and such holders Holders to the holders of Senior Indebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing the Senior Indebtedness; (iii) release any Person liable in any manner for the collection of the Senior Indebtedness; and (iv) exercise or refrain from exercising any rights or remedies against the Borrower Company and any other Person or any security therefor; and (v) take or refrain from taking any other action whether similar or dissimilar to the foregoingPerson.

No Waiver of Subordination Provisions; Amendment. No right of any present or future holder of any Senior Indebtedness to enforce subordination or other terms and provisions 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 Borrower Subsidiary Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Borrower Subsidiary Guarantor with the terms, provisions, and covenants of this Agreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing, the holders of Senior Indebtedness may at any time and from time to time, without the consent of or notice to the Lenders Purchasers or any other holder Holder of the Notes, without incurring responsibility to the Lenders or such holders Holders and without impairing or releasing the subordination provided in this Section 9 2.09 or the obligations hereunder of the Lenders and such holders Holders to the holders of Senior Indebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing the Senior Indebtedness; (iii) release any Person liable in any manner for the collection of the Senior Indebtedness; and (iv) exercise or refrain from exercising any rights or remedies against the Borrower Subsidiary Guarantor and any other Person or any security therefor; and (v) take or refrain from taking any other action whether similar or dissimilar to the foregoingPerson.

No Waiver of Subordination Provisions; Amendment. No right of ------------------------------------------------ any present or future holder of any 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 Borrower or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Borrower with the terms, provisions, and covenants of this Agreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing, the holders of Senior Indebtedness may at any time and from time to time, without the consent of or notice to the Lenders or any other holder of the Notes, without incurring responsibility to the Lenders or such holders and without impairing or releasing the subordination provided in this Section 9 11 or the obligations hereunder of the Lenders and such holders to the holders of Senior Indebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release any Person liable in any manner for the collection of Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Borrower and any other Person or any security therefor; and (v) take or refrain from taking any other action whether similar or dissimilar to the foregoingPerson.