Common use of No Waiver of Subordination Provisions Clause in Contracts

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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.

Appears in 33 contracts

Samples: Junior Subordinated Indenture (Lincoln National Corp), Junior Subordinated Indenture (Arbor Realty Trust Inc), Junior Subordinated Indenture (Arbor Realty Trust Inc)

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No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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.

Appears in 17 contracts

Samples: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Metro Capital Trust V), Junior Subordinated Indenture (Delphi Financial Group Inc/De)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Issuer 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.

Appears in 14 contracts

Samples: Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Debt Indenture (Gazit Group Financial LLC)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 that any such holder may have or be otherwise charged with.

Appears in 13 contracts

Samples: Indenture (Petsec Energy Inc), Indenture (Pogo Producing Co), Indenture (Packard Bioscience Co)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company 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.

Appears in 8 contracts

Samples: Subordinated Notes Indenture (First Midwest Bancorp Inc), Subordinated Notes Indenture (First Midwest Bancorp Inc), Subordinated Notes Indenture (Bok Financial Corp Et Al)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Issuer or 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 Issuer or the Guarantor 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.

Appears in 4 contracts

Samples: Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Indenture (Teva Pharmaceutical Finance Co B.V.), Subordinated Debt Indenture (Gazit Group Financial LLC)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 which any such holder may have or otherwise be otherwise charged with.

Appears in 3 contracts

Samples: Indenture (Union Light Heat & Power Co), Indenture (Cinergy Corp), Indenture (Ugly Duckling Corp)

No Waiver of Subordination Provisions. No right of any ------------------------------------- present or future holder of any Senior Debt 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.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Commonwealth Bankshares Inc), Indenture (Alcoa Inc), Junior Subordinated Indenture (Commonwealth Bankshares Inc)

No Waiver of Subordination Provisions. No right of any present or future holder of any Designated Senior Debt 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.,

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Iridium World Communications LTD), Limited Liability Company Agreement (Iridium LLC)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 Kingsway America or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Kingsway America with the terms, provisions and covenants of this IndentureSubordinated Note, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

Appears in 2 contracts

Samples: Junior Subordinated Note (Kingsway Financial Services Inc), Junior Subordinated Note (Kingsway Financial Services Inc)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 Operating Partnership or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Operating Partnership 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.

Appears in 2 contracts

Samples: Indenture (Vornado Realty Lp), Indenture (Vornado Realty Lp)

No Waiver of Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt 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 Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Guarantor with the terms, provisions and covenants of this IndentureGuarantee Agreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

Appears in 2 contracts

Samples: Guarantee Agreement (Boise Cascade Trust Iii), Guarantee Agreement (Alcoa Trust I)

No Waiver of Subordination Provisions. No right of any present or future holder of any Company Senior Debt 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.

Appears in 2 contracts

Samples: Indenture (Kingsway Financial Services Inc), Indenture (Kingsway Financial Services Inc)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or 115 124 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (North Fork Capital Trust I)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

Appears in 1 contract

Samples: Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or 84 -77- 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 that any such holder may have or be otherwise charged with.

Appears in 1 contract

Samples: Indenture (Capstar Broadcasting Partners Inc)

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No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 Subordinated Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

Appears in 1 contract

Samples: Junior Convertible Subordinated Indenture (Tower Automotive Inc)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Issuer or 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 Issuer or the Guarantor 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.

Appears in 1 contract

Samples: Subordinated Indenture (Amarin Finance Ltd.)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 Subordinated Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

Appears in 1 contract

Samples: Subordinated Indenture (Scottish Power Finance (US) Inc)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt to enforce subordination as herein provided 114 114 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.

Appears in 1 contract

Samples: Indenture (National City Capital Trust I)

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 that any such holder may have or be otherwise charged with.

Appears in 1 contract

Samples: Indenture (Lehman Brothers Inc//)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 any Obligor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company any Obligor with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

Appears in 1 contract

Samples: Subordination Agreement (Princeton Review Inc)

No Waiver of Subordination Provisions. No right of -------------------------------------- any present or future holder of any Senior Debt 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Central Fidelity Capital Trust I)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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, 182 regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

Appears in 1 contract

Samples: Indenture (Leiner Health Products Inc)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 High Yield Subordinated Guarantor or by any act or failure to act, in good faith, act by any such holder, holder or by any noncompliance non-compliance by the Company High Yield Subordinated Guarantor with the terms, provisions and covenants of this IndentureIndenture or the Intercreditor Deed, regardless of any knowledge thereof that any such holder may have or otherwise be otherwise charged with.

Appears in 1 contract

Samples: Indenture (Lucite International Finance PLC)

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