No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; (iii) release any Person liable in any manner for the collection of Senior Debt of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 91 contracts
Samples: Indenture (Bristow Helicopters Inc), Indenture (Gulfport Energy Corp), PHX Minerals Inc.
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 31 contracts
Samples: Indenture (Wesbanco Inc), Indenture (Wesbanco Inc), Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend extent the time of payment of, or renew or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 20 contracts
Samples: Indenture (FCB/Sc Capital Trust I), First Empire Capital Trust I, First Empire Capital Trust I
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 19 contracts
Samples: Indenture (Horsehead Corp), Indenture (Enflex Corp), Indenture (Usf Glen Moore Inc.)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 15 contracts
Samples: Indenture (Cygnus Inc /De/), Indenture (Reliant Resources Inc), Read Rite Corp /De/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company Corporation or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Corporation with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.
Appears in 14 contracts
Samples: Indenture (Everest Re Capital Trust Iii), Indenture (Bank of New York Co Inc), Dime Bancorp Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 14 contracts
Samples: Indenture (Bankamerica Corp/De/), Indenture (First Tennessee National Corp), Indenture (Keycorp Institutional Capital A)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 14 contracts
Samples: Securities Indenture (Western Wireless Corp), Indenture (Hilb Rogal & Hamilton Co /Va/), Indenture (Speedway Motorsports Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 12 contracts
Samples: Declaration of Trust (Provident Capital Trust Iii), Guarantee Agreement (Comerica Capital Trust Ii), Chase Capital Iii
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article XIV or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 11 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), United Rentals Realty, LLC
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article VI or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 10 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holderholder of any Senior Debt, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 10 contracts
Samples: Indenture (Etoys Inc), Indenture (Etoys Inc), Indenture (Uromed Corp)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 9 contracts
Samples: Laredo Midstream Services, LLC, Indenture (Diamondback Energy, Inc.), Indenture (SN Cotulla Assets, LLC)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, Indebtedness do any one or more of the following: (i1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, Indebtedness or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii3) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv4) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 8 contracts
Samples: Mho, LLC, M/I Homes of Alabama, LLC, Indenture (M/I Homes of Grandview Yard, LLC)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the Company; Indebtedness and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 8 contracts
Samples: Indenture (Apartment Investment & Management Co), Tia Indenture (Walt Disney Co/), Indenture (Litton Industries Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company Issuers or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 8 contracts
Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend extent the time of payment of, or renew or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 8 contracts
Samples: Fb Capital Trust, Broad National Bancorporation, BNB Capital Trust
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 8 contracts
Samples: Indenture (Solutia Inc), Indenture (Brookdale Living Communities Inc), Indenture (Transtexas Gas Corp)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company Corporation or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Corporation with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination as provided in this Article XIII or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.
Appears in 7 contracts
Samples: Trust Agreement (DPL Inc), Indenture (Centura Banks Inc), Southern States Capital Trust I
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 7 contracts
Samples: Subordinated Indenture (Assurant Inc), Indenture (RadNet, Inc.), American International Group Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; , (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; Indebtedness, (iii) release any Person liable in any manner for the collection of Senior Debt of the Company; Indebtedness, and (iv) exercise or refrain from exercising any rights against the Company and any other Person; and Senior Indebtedness shall continue to be Senior Indebtedness entitled to the benefits of the subordination provisions of this Article XIII.
Appears in 6 contracts
Samples: Florida Community Banks Inc, Peoples Bancorp of North Carolina Inc, CCF Holding Co
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company Issuers or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 6 contracts
Samples: Indenture (American Natural Soda Ash Corp.), Indenture (Genesis Free State Holdings, LLC), Jefferies Group Capital Finance Inc.
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesDebentures, without incurring responsibility to the Holders of the Securities Debentures and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities Debentures to the holders of Senior Debt of the Company, Indebtedness do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, Indebtedness or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 6 contracts
Samples: Exchange Agreement (Insignia Financial Group Inc /De/), Indenture (Insignia Financing I), Indenture (Wabash National Corp /De)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 6 contracts
Samples: Capita Preferred Trust, Enron Capital Trust I, Rouse Company
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article VI or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Person.
Appears in 6 contracts
Samples: Indenture (Peregrine Systems Inc), Indenture (Peregrine Systems Inc), Xm Satellite Radio Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 6 contracts
Samples: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Services LLC), Indenture (Hornbeck Offshore Services LLC)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing preceding paragraph, the holders of Senior Debt of the Company 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 Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Trustee or the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 5 contracts
Samples: Indenture (Innovative Valve Technologies Inc), American Residential Services Inc, American Residential Services Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Indenture (MRV Communications Inc), Aspen Technology Inc /De/, Genesco Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holderCompany, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this First Supplemental Indenture, 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 paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article 14 or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, do any one or more of the following, subject to any rights of the Company in respect thereof: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstandingoutstanding or related thereto; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights or remedies against the Company and any other Personperson.
Appears in 4 contracts
Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, holder of any Senior Debt or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Indenture Agreement (Protein Design Labs Inc/De), Cell Therapeutics Inc, Asm International N V
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness to enforce subordination as herein provided shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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, and without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person; and (e) increase the aggregate amount of Indebtedness extended to the Company (whether or not the same shall be Senior Indebtedness). The provisions of this Article Thirteen are intended to be for the benefit of, and shall be enforceable directly by, the holders of the Senior Indebtedness.
Appears in 4 contracts
Samples: Pledge and Security Agreement (Hallwood Group Inc), Pledge and Security Agreement (Hallwood Group Inc), Indenture (Hallwood Group Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness (and Entitled Persons in respect of the Company Other Financial Obligations) 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt Indebtedness and Entitled Persons, in respect of the CompanyOther Financial Obligations, 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 Debt of the CompanyIndebtedness or Other Financial Obligations, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or Other Financial Obligations or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is or Other Financial Obligations are outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness or Other Financial Obligations; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness or Other Financial Obligations; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Liquid Media Group Ltd., Indenture (Associated Banc-Corp), Indenture (Fifth Third Capital Trust Iv)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, with the consent or agreement of the Company mayCompany, to the extent required by the instrument or instruments governing such Senior Debt, 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 provided in this Article Fifteen or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Hewlett Packard Enterprise Co, Epicor Software Corp, Brocade Communications Systems Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness to enforce subordination as herein provided shall at any time or in any way be prejudiced affected or impaired by any act or failure to act on the part of the Company Maker or by any act or failure to act, in good faith, by any such holderthe holders of Senior Indebtedness, or by any noncompliance by the Company Maker with any of the terms, provisions and covenants of this IndentureNote, regardless of any knowledge thereof that any such holder of Senior Indebtedness may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, Indebtedness may without the consent of or notice to the Trustee or the Holders Holder of the SecuritiesNote, without incurring responsibility to the Holders of the Securities Holder and without impairing or releasing the subordination provided in this Article Note or the obligations obligation hereunder of the Holders Holder of the Securities Note to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Maker and any other Personperson.
Appears in 4 contracts
Samples: Horizon Offshore Inc, Horizon Offshore Inc, Horizon Offshore Inc
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article VI or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company Debt, is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 4 contracts
Samples: Indenture (HMT Technology Corp), Coeur D Alene Mines Corp, Coeur D Alene Mines Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew renew, increase or alter, Senior Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiic) release any Person liable in any manner for the payment or collection of Senior Debt of the CompanyDebt; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Indenture (Geo MCF Lp, LLC), Sba Communications Corp, American Tower Corp /Ma/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesConvertible Debentures, without incurring responsibility to the Holders of the Securities Convertible Debentures and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities Convertible Debentures to the holders of Senior Debt of the Company, Indebtedness do any one or more of the following: following (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, Indebtedness or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Supplemental Indenture (Tosco Corp), Execution Copy (Viatel Inc), Indenture (Capital Trust)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holderholder of any Senior Debt, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of or written 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Indenture (Interim Services Inc), Tech Data Corp, Interim Services Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) permit the Company to borrow, repay and then reborrow any or all of the Senior Debt; (iii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiiiv) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (ivv) exercise or refrain from exercising any rights against the Company and any other Person; and (vi) apply any sums received by them to Senior Debt.
Appears in 3 contracts
Samples: Indenture (Olympic Financial LTD), Olympic Financial LTD, Uhc Capital I
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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, alter Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and or any other Person.
Appears in 3 contracts
Samples: Indenture (Golden Star Resources LTD), Stillwater Mining Co /De/, Patterson Energy Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this IndentureNote, 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 paragraphforegoing, the holders of Senior Debt of the Company may, Indebtedness may at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNoteholder, without incurring responsibility to the Holders of the Securities Noteholder and without impairing or releasing the subordination provided in this Article Section 3 or the obligations hereunder of the Holders of the Securities Noteholder to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) take security in any form for the Senior Indebtedness; (iv) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivv) exercise or refrain from exercising or waiving any rights rights, powers or remedies against the Company and or any other Person.
Appears in 3 contracts
Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP), Security Agreement (Sprague Resources LP)
No Waiver of Subordination Provisions. No right of any present or future holder holders of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Healthcare Realty Trust Inc, Capstone Capital Corp, Capstone Capital Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders holders of the Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Regent Broadcasting Midwest Inc, Regent Broadcasting Midwest Inc, Radio One Licenses LLC
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 such Holders of the Securities and without impairing or releasing the subordination provided in this Article 11 or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the Company, Indebtedness or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Pitney Bowes Inc /De/, Dime Bancorp Inc, Dime Bancorp Inc
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article Thirteen or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 3 contracts
Samples: Indenture (Talk America), Indenture (Talk America), Talk America
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 alteralter or increase, Senior Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Eastern Environmental Services Inc), Allied Waste Industries Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company Issuers or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 3 contracts
Samples: Meristar Sub 7g (Meristar Hospitality Operating Partnership Lp), Indenture (Meristar Hospitality Corp), Meristar Hospitality Operating Partnership Lp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend extent the time of payment of, ,or renew or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, ,release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Equitable Resources Capital Trust I, Equitable Resources Inc /Pa/, Equitable Resources Capital Trust I
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (ivd) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 3 contracts
Samples: Indenture (Burleson Water Resources, LLC), Indenture (Beta Operating Company, LLC), EP Energy LLC
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holderholder of any Senior Indebtedness, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Indenture (DSC Communications Corp), Indenture (Affiliated Computer Services Inc), Sports Authority Inc /De/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt Indebtedness of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt Indebtedness of the Company, 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 Debt Indebtedness of the Company, or otherwise amend or supplement in any manner Senior Debt Indebtedness of the Company or any instrument evidencing the same or any agreement under which Senior Debt Indebtedness of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt Indebtedness of the Company; (iii) release any Person liable in any manner for the collection of Senior Debt Indebtedness of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Indenture (Viking International LTD), Indenture (Aviall Services Inc), Indenture (Primero Gas Marketing Co Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraphparagraph (a) of this Section 12.7, the holders of Senior Debt of the Company 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 such Holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; , (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; Debt, (iii) release any Person liable in any manner for the collection payment of Senior Debt of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Summit Bank Corp), Vision Bancshares Inc, Valley Financial Corp /Va/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article 12 or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 renew, increase or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Idec Pharmaceuticals Corp / De, TJX Companies Inc /De/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article XIII or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the Company; Indebtedness and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 2 contracts
Samples: Indenture (Dc Holdco Inc), Indenture (Dc Holdco Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company Corporation or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Corporation with the terms, provisions and covenants of this the Indenture, 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 paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Four or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.
Appears in 2 contracts
Samples: Indenture (Cb Richard Ellis Services Inc), Indenture (Cbre Holding Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this IndentureNote, 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 paragraphforegoing, the holders of Senior Debt of the Company may, Indebtedness may at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNoteholder, without incurring responsibility to the Holders of the Securities Noteholder and without impairing or releasing the subordination provided in this Article Section 3 or the obligations hereunder of the Holders of the Securities Noteholder to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged mortgaged, hypothecated or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) take security in any form for the Senior Indebtedness; (iv) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivv) exercise or refrain from exercising or waiving any rights rights, powers or remedies against the Company and or any other Person.
Appears in 2 contracts
Samples: Credit Agreement (Sprague Resources LP), Security Agreement
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article XIV or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Gentiva Health Services Inc, Caremark Rx Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 alteralter or increase, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (International Paper Co /New/), International Paper Capital Trust Iii
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company or any 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 alteralter or increase, Senior Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company Company, the Guarantors and any other Person.
Appears in 2 contracts
Samples: Allied Waste Industries Inc, Allied Waste Industries Inc
No Waiver of Subordination Provisions. No right of any present or future holder holders of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this the Indenture, 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 paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesDebentures, without incurring responsibility to the Holders of the Securities Debentures and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities Debentures to the holders of Senior Debt of the Company, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Healthcare Realty Trust Inc), Capstone Capital Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holderholder of any Senior Indebtedness, or by any noncompliance non- compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Cirrus Logic Inc), Indenture (Cirrus Logic Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holderCompany, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders holders of the SecuritiesNotes, without incurring responsibility to the Holders holders of the Securities Notes and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders holders of the Securities Notes to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Personperson.
Appears in 2 contracts
Samples: Dollar Indenture (JSG Acquisitions I), JSG Acquisitions I
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising exer- cising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Western Resources (Western Resources Capital Ii), Western Resources Inc /Ks
No Waiver of Subordination Provisions. No right of any ------------------------------------- present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Times Mirror Co /New/), Merrill Lynch Preferred Capital Trust V
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Seacoast Financial Services Corp), Seacoast Financial Services Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any of the Corporation's Senior Debt of the Company 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 the Company Corporation or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Corporation with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of the Corporation's Senior Debt of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, Securities of any series without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of the Corporation's Senior Debt of the Company, 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 Debt of the Company, Corporation or otherwise amend or supplement in any manner such Senior Debt of the Company or any instrument evidencing the same or any agreement under which such Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyCorporation; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyCorporation; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.
Appears in 2 contracts
Samples: Scana Corp, Scana Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article Article Fourteen or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, do any one or more of the following: (i1) change the manner, place or terms of payment or extend the time of payment of, or renew or alteralter or increase, Senior Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; (iii3) release any Person liable in any manner for the collection of Senior Debt of the Company; and and/or (iv4) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Aetna Inc /Pa/, Aetna Inc /Pa/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Holder 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 the Company Debtor or by any act or failure to act, in good faith, by any such holderHolder, or by any noncompliance non-compliance by the Company Debtor with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder Holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Holders may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesCreditor, without incurring responsibility to the Holders of the Securities Creditor and without impairing or releasing the subordination provided in this Article Section 2 or the obligations hereunder of the Holders of the Securities Creditor to the holders of Senior Debt of the CompanyDebt, do any one or more of the following: (ia) change the mannertime, manner or place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the CompanyDebt, or otherwise amend modify or supplement in any manner Senior Debt respect any of the Company provisions of the Loan Documents or any other instrument evidencing the same or relating to any agreement under which Senior Debt of the Company is outstandingSenior Debt; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (ivd) exercise or refrain from exercising any rights against the Company Debtor and any other Person.
Appears in 2 contracts
Samples: Credit Agreement (Viad Corp), Credit Agreement (Viad Corp)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article XIV or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Northern Trust Corp, Indenture (Northern Trust Corp)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 of such series and without impairing or releasing the subordination provided in this Article Fourteen or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the Company; Indebtedness and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 2 contracts
Samples: Oxy Capital Trust Iii, Occidental Petroleum Corp /De/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, act by any such holder, holder or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article VI or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Person.
Appears in 2 contracts
Samples: Doubleclick Inc, Benchmark Electronics Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.. 81 74
Appears in 2 contracts
Samples: Chase Capital Iii, Mbna Capital V
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. 79 Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company Corporation or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Corporation with the terms, provisions and covenants of this Indenture, 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 paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, 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 Debt of the Company, Indebtedness or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.
Appears in 2 contracts
Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 renew, increase or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Noble International LTD), Brightpoint Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this IndentureAgreement, 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 paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article 6 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Noteholders Agreement (Hybridon Inc), Noteholders Agreement (Hybridon Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: City Holding Capital Trust Ii, United Community Capital Trust
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company Corporation or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Corporation with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.
Appears in 2 contracts
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness to enforce the 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Vishay Intertechnology Inc), Novellus Systems Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Pledge Agreement (Mobile Mini Inc), Mobile Mini Inc
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article 15 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Person.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Adelphia Communications Corp), Adelphia Communications Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eleven or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 2 contracts
Samples: Satisfaction And (Enhance Financial Services Group Inc), Cna Financial Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities1997A Notes, without incurring responsibility to the Holders of the Securities 1997A Notes and without impairing or releasing the subordination provided in this Article VII or the obligations hereunder of the Holders of the Securities 1997A Notes to the holders of Senior Debt of the CompanyIndebtedness, do any one or more of the following: (i1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii3) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv4) exercise or refrain from exercising any rights against the Company and any other Person; and (5) apply any and all sums received from time to time to the Senior Indebtedness.
Appears in 2 contracts
Samples: Supplemental Indenture (Diamond Offshore Drilling Inc), Supplemental Indenture (Diamond Offshore Drilling Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Debt, if any, 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 the Company or the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company or the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company or the Guarantor and any other Person.
Appears in 2 contracts
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article Seventeen or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Thermo Electron Corp, Thermo Electron Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Silicon Valley Bancshares, Silicon Valley Bancshares
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article XII or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Mohawk Capital Luxembourg SA, Mohawk Capital Luxembourg SA
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the Company; (iii) release any Person liable in any manner for the collection of Senior Debt of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.securing
Appears in 2 contracts
Samples: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company or any Guarantor with the terms, provisions and covenants agreements of this Indenture, 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 paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 alteralter or increase, Senior Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company Company, the Guarantors and any other Person.
Appears in 2 contracts
Samples: Subordinated Indenture (Allied Waste Industries Inc), Allied Waste Industries Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness (and Entitled Persons in respect of the Company Other Financial Obligations) 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt Indebtedness, and Entitled Persons in respect of the CompanyOther Financial Obligations, 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 Debt of the CompanyIndebtedness or Other Financial Obligations, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or Other Financial Obligations or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is or Other Financial Obligations are outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness or Other Financial Obligations; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness or Other Financial Obligations; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Fifth Third Bancorp, Fifth Third Bancorp
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Convertible Debt Securities, without incurring responsibility to the Holders of the Convertible Debt Securities and without impairing or releasing the subordination provided in this Article XIII or the obligations hereunder of the Holders of the Convertible Debt Securities to the holders of Senior Debt of the Company, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 1 contract
Samples: Fidelity National Financial Inc /De/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Issuer with the terms, provisions and covenants of this Indenture, 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 paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of the Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Issuer and any other Person.
Appears in 1 contract
Samples: Indenture (Murphy Oil Corp /De)
No Waiver of Subordination Provisions. 45 No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee Agent or the Holders of the Securities, Securities without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Companyindebtedness, do any one or more of the following: (i) change the manner, manner place or terms of payment or extend the time of payment payments of, or renew or alter, alter Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (Autobond Acceptance Corp)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the 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. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the Company, Indebtedness or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Subordinated Indenture (Inco LTD)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.collection
Appears in 1 contract
No Waiver of Subordination Provisions. No right of the Administrative ------------------------------------- Agent or any present or future holder of any Senior Debt of the Company Lender 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 the Company Obligor Entities or by any act or failure to act, in good faith, by the Administrative Agent or any such holderLender, or by any noncompliance non-compliance by the Company any Obligor Entity with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof the Administrative Agent or any such holder Lender may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Lenders may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesManager Entity, without incurring responsibility to the Holders of the Securities Manager Entity and without impairing or releasing the subordination provided in this Article Section 2 or the obligations hereunder of the Holders of the Securities Manager Entity to the holders of Senior Debt of the CompanyDebt, do any one or more of the following: (ia) change the mannertime, manner or place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the CompanyDebt, or otherwise amend modify or supplement in any manner Senior Debt respect any of the Company provisions of the Credit Agreement or any other instrument evidencing the same or relating to any agreement under which Senior Debt of the Company is outstandingSenior Debt; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (ivd) exercise or refrain from exercising any rights against the Company Obligor Entities and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness 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 the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; , (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; Indebtedness, (iii) release any Person liable in any manner for the collection of Senior Debt of the Company; and Indebtedness, or (iv) exercise or refrain from exercising any rights against the Company and any other Person.
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