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 93 contracts
Samples: Subordinated Indenture (Natural Gas Services Group Inc), Subordinated Indenture (Falcon Aero Holdings LLC), Subordinated Indenture (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: Junior Subordinated Indenture (MBNK Capital Trust I), Junior Subordinated Indenture (Jbi Capital Trust I), Junior Subordinated Indenture (Jeffbanks 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 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 (Cott USA Finance LLC), Indenture (Horsehead Corp), Indenture (Enflex 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 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: Junior Subordinated Indenture (First American Financial Corp), Junior Subordinated Indenture (Pmi Capital I), Indenture (Citizens Funding Trust IV)
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: Junior Subordinated Indenture (First Coastal Capital Trust), Junior Subordinated Indenture (Bb&t Capital Trust I), Junior Subordinated Indenture (Everest Re Capital Trust)
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: Indenture (PHP Healthcare Corp), Indenture (Res Care Inc /Ky/), Purchase Agreement (World Airways Inc /De/)
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: Junior Subordinated Indenture (Pennsylvania Power & Light Co /Pa), Junior Subordinated Indenture (Hl&p Capital Trust I), Junior Subordinated Indenture (Chase Capital Iii)
No Waiver of Subordination Provisions. (a) 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 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. .
(b) Without in any way limiting the generality of the foregoing paragraphsubsection (a) of this Section 10.08, 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 Ten 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: (i1) change the manner, place place, terms 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; (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii3) release any Person liable in any manner for the collection or payment of Senior Debt of the CompanyDebt; and (iv4) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 12 contracts
Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman International 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 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: Senior Subordinated Indenture (United Rentals Realty, LLC), Senior Subordinated Indenture (Wynne Systems Inc), Indenture (United Rentals Inc /De)
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 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 (Monmouth Real Estate Investment Corp), Indenture (Realnetworks Inc), Indenture (Chiron Corp)
No Waiver of Subordination Provisions. (a) 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. .
(b) 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 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 payment of Senior Debt of the Company; Company and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 10 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Mills Corp), Junior Subordinated Indenture (Northstar Realty)
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 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 or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior Debt of the CompanyDebt, 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 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; ;
(ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; Debt;
(iii3) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and and
(iv4) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 8 contracts
Samples: Indenture (Marathon Petroleum Corp), Indenture (Marathon Oil Corp), Indenture (Atp Oil & 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 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: Junior Subordinated Indenture (Pfbi Capital Trust), Junior Subordinated Indenture (Sun Capital Trust), Junior Subordinated Indenture (Broad National Bancorporation)
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 Agreement (Brookdale Living Communities Inc), Indenture (Monsanto Co), Indenture (Unova 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 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 (Mail Well Inc), Indenture (Disney Capital Trust I), Indenture (Apartment Investment & Management Co)
No Waiver of Subordination Provisions. (a) 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. .
(b) Without in any way limiting the generality of the foregoing paragraphSection 13.7(a), 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 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 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: Junior Subordinated Indenture (Sun Capital Trust Ii), Junior Subordinated Indenture (American Bancshares Inc \Fl\), Junior Subordinated Indenture (Sman Capital Trust 1)
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: Indenture (Mho, LLC), Indenture (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 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.), Junior Subordinated Debt Indenture (American International Group 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 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 (Genesco Inc), Indenture (MRV Communications Inc), Indenture (Homebase 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 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 (Oni Systems Corp), Indenture (Oni Systems Corp), Indenture (Bea 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 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, 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), Indenture (Sba Communications Corp), Indenture (Correctional Properties 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 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), Senior Subordinated Indenture (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 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: Indenture (Healthcare Realty Trust Inc), Indenture (Capstone Capital Corp), Indenture (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, 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), Indenture (Uhc Capital I), Indenture (Olympic Financial 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 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: Subordinated Debt Indenture (Radio One Licenses LLC), Subordinated Debt Indenture (Regent Broadcasting Midwest Inc), Subordinated Debt Indenture (Regent Broadcasting Midwest 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 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. (a) 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. .
(b) 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 [TPW: NYLEGAL:665375.4] 20965-00009 07/19/2007 07:27 PM 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 2 contracts
Samples: Trust Agreement (Independent Bank Corp /Mi/), Junior Subordinated Indenture (Independent Bank Corp /Mi/)
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: Subordinated Indenture (Aetna Inc /Pa/), Subordinated Indenture (Aetna Inc /Pa/)
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: Junior Subordinated Indenture (Chase Capital Iii), Junior Subordinated Indenture (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
Samples: Indenture (Eg&g Inc), Indenture (Eg&g 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: First Supplemental Indenture (Healthcare Realty Trust Inc), First Supplemental Indenture (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 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), Euro Indenture (JSG Acquisitions 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 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
Samples: Junior Subordinated Indenture (Riggs Capital Ii), Junior Subordinated Indenture (Riggs National Corp)
No Waiver of Subordination Provisions. (a) 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. .
(b) Without in any way limiting the generality of the foregoing paragraphparagraph (a) of this Section, 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 SecuritiesHolders, 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 2 contracts
Samples: Indenture (Park Place Entertainment Corp), Indenture (Park Place Entertainment Corp)
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 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: Junior Subordinated Indenture (Scana Corp), Junior Subordinated Indenture (Scana Corp)
No Waiver of Subordination Provisions. (a) 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 Guarantor or the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Guarantor or 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. .
(b) 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 Guarantor, the Company and any other Person.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Thornburg Mortgage Inc), Junior Subordinated Indenture (Thornburg Mortgage 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
Samples: Subordinated Debt Indenture (Allianz Finance III B.V.), Subordinated Debt Indenture (Allianz Finance III B.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 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 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
Samples: Indenture (First Security 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. 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 50 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 1 contract
No Waiver of Subordination Provisions. (a) 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. .
(b) 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 [TPW: NYLEGAL:622313.5] 20889-00007 02/26/2007 01:27 PM 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 1 contract
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 SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eleven 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 reduce or extend the time of payment of, or renew or alter, Senior Debt of the CompanyDebt, or otherwise amend or supplement in any manner (including the interest rate thereof) 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 1 contract
Samples: Indenture (Cincinnati Bell Inc /Oh/)
No Waiver of Subordination Provisions. (a) 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 Borrower or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Borrower with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with. .
(b) 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 SecuritiesLender, without incurring responsibility to the Holders of the Securities Lender and without impairing or releasing the subordination provided in this Article III or the obligations hereunder of the Holders of the Securities Lender 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 Borrower and any other Person.
Appears in 1 contract
Samples: Subordinated Revolving Credit Agreement (Vrio 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 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 paragraphsentence, 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 SecuritiesInvestors, without incurring responsibility to the Holders of the Securities Investors and without impairing or releasing the subordination provided in this Article XI or the obligations hereunder of the Holders of the Securities Investors 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 Debt, or waive any provision thereof or the occurrence of the Companyany default thereunder; (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 1 contract
Samples: Senior Subordinated Note Purchase Agreement (Nuco2 Inc /Fl)
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: (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, 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 (iv4) exercise or refrain from exercising any rights against the Company 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 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: (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, 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; Company and (iv4) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Subordinated Indenture (Newfield Exploration Co /De/)
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 1 contract
Samples: Credit Agreement (Viad Corp)
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 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 Seventeen 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 1 contract
No Waiver of Subordination Provisions. 50 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 1 contract
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 paragraphSection 10.9 of this Indenture, the holders of Senior Debt of or Guarantor Senior Debt, as the Company case may be, 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 Ten or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of or Guarantor Senior Debt, as the Companycase may be, 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 or Guarantor Senior Debt, as the Companycase may be, 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 or Guarantor Senior Debt, as the Company case may be, is outstandingoutstanding or secured; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of or Guarantor Senior Debt, as the Companycase may be; (iiic) release any Person liable in any manner for the collection of Senior Debt of or Guarantor Senior Debt, as the Companycase may be; and (ivd) exercise or refrain from exercising any rights against the Company and each Subsidiary Guarantor and any other Person.. 102
Appears in 1 contract
No Waiver of Subordination Provisions. (1) 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 Supplemental Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. .
(2) Without in any way limiting the generality of the foregoing paragraphSection 9.8(1), 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 IX 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 place, terms 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) release any Person liable in any manner for the collection or payment 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
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 holderGuarantor], or by any noncompliance non-compliance 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 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, subject to any rights of the Company [and any Guarantor] 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 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 outstandingoutstanding or related thereto; (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 or remedies against the Company [, any Guarantor] and any other Personperson.
Appears in 1 contract
Samples: Indenture (Evergreen Solar Inc)
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
Samples: Credit Agreement (Mediacom 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 holderGuarantor], or by any noncompliance non-compliance 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 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, subject to any rights of the Company [and any Guarantor] 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 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 outstandingoutstanding or related thereto; (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 or remedies against the Company [, any Guarantor] and any other Personperson.
Appears in 1 contract
Samples: 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, 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 SecuritiesSecurities of any series (or any Coupons appertaining thereto), without incurring responsibility to the Holders of the Securities of such series (or any Coupons appertaining thereto) and without impairing or releasing the subordination provided in this Article 15 or the obligations hereunder of the Holders of the Securities of such series (or any Coupons appertaining thereto) 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 Company; Debt, and (ivd) exercise or refrain from exercising any rights against the Company 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 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: (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 1 contract
Samples: Indenture (TPG Nv)
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 regard less 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 1 contract
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 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 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 SecuritiesHolder, without incurring responsibility to the Holders of the Securities Holder and without impairing or releasing the subordination provided in this Article Section 7 or the obligations hereunder of the Holders of the Securities Holder 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 1 contract
Samples: Note (Echostar Communications 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 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.. -63- 73
Appears in 1 contract
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.. 80 72
Appears in 1 contract
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 SecuritiesSecurities of any series, without incurring responsibility to the Holders of the Securities of any series and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the such 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 1 contract
Samples: Indenture (Infocure 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, 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 paragraphfirst paragraph of this Section 12.7, 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 XII 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: (i1) change the manner, place place, terms 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; (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 or payment of Senior Debt of the CompanyIndebtedness; and (iv4) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) 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. .
(b) 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 amend, restate, modify, extend, renew, replace, waive 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 1 contract
Samples: Junior Subordinated Indenture (Kingsway Financial 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 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 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; (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 (iv4) exercise or refrain from exercising any rights against the Company 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 to enforce the subordination as provisions provided 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 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 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 section 14 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: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew renew, refinance 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) permit the Company to borrow, repay and then reborrow any or all the Senior Debt; (c) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiid) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (ive) exercise or refrain from exercising any rights against the Company and any other Person; and (f) apply any sums received by such holders to Senior Debt.
Appears in 1 contract
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 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 1 contract
Samples: Indenture (Nabors Industries Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Company 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. .
(b) Without in any way limiting the generality of the foregoing paragraphparagraph (a) of this Section, the holders of Company 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 Company 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, Company Senior Debt of the CompanyDebt, or otherwise amend or supplement in any manner Company Senior Debt of the Company or any instrument evidencing the same or any agreement under which Company 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; Company Debt, (iii) release any Person liable in any manner for the collection of Company Senior Debt of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Junior Subordinated Indenture (MRM Capital Trust Iii)
No Waiver of Subordination Provisions. (a) 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. .
(b) Without in any way limiting the generality of the foregoing paragraphparagraph (a) of this Section, 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: (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, 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 or may be outstanding; (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii3) release any Person liable in any manner for the collection or payment of Senior Debt of the CompanyDebt; and (iv4) exercise or refrain from exercising any rights against the Company and any other Person; provided, however, that in no event shall any such actions limit the right of the Holders of the Securities to take any action to accelerate the maturity of the Securities pursuant to Article Five of this Indenture or to pursue any rights or remedies hereunder or under applicable laws if the taking of such action does not otherwise violate the terms of this Article.
Appears in 1 contract
Samples: First Supplemental Indenture (Penske Automotive Group, 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 92 102 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 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 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; (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 1 contract
Samples: Indenture (Aetna Capital Trust Iv)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Agent or any 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 ClientLogic or by any act or failure to act, in good faith, by any such holderof the Agent or any Lender, or by any noncompliance non-compliance by the Company ClientLogic with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder of the Agent or any 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 SecuritiesSubordinated Lender, without incurring responsibility to the Holders of the Securities Subordinated Lender and without impairing or releasing the subordination provided in this Article Section 2 or the obligations hereunder of the Holders of the Securities Subordinated Lender 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 outstanding; Senior Debt;
(iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; Debt;
(iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and and
(ivd) exercise or refrain from exercising any rights against the Company ClientLogic and any other Person.
Appears in 1 contract
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: Indenture Agreement (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 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 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 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 1 contract
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 195 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 1 contract
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 Sixteen 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.
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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 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: (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 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 and/or (iv) exercise or refrain from exercising any rights against the Company and any other Person.
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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 regard less 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 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
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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 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 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, 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.
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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. 173 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.
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Samples: Junior Subordinated Indenture (South Carolina Electric & Gas Co)
No Waiver of Subordination Provisions. (a) 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 or by any act or failure to act, in good faith, by any such holderBorrower, or by any noncompliance by the Company Borrower with the terms, provisions and covenants of this IndentureAgreement, the Note or any other Loan Document, regardless of any knowledge thereof any such holder may have or be otherwise charged with. .
(b) 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 SecuritiesLender, without incurring responsibility to the Holders of the Securities Lender and without impairing or releasing the subordination provided in this Article IX or the obligations hereunder of the Holders of the Securities Lender to the holders of Senior Debt of the CompanyHolders, 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 renew, amend, modify, alter, or enter into any additional Senior Debt of the Company, or otherwise amend or supplement in Loan Document with respect to any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sellevidencing, exchangegoverning, 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.creating,
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Samples: Subordinated Credit Agreement (Town Sports International Inc)
