No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 14 contracts
Samples: Indenture (St John Knits Inc), Indenture (Axia Inc), Indenture (Polymer Group Inc)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness Debt 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 Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 8 contracts
Samples: Indenture (United Auto Group Inc), Indenture (Triton PCS Holdings Inc), Indenture (Triton PCS Holdings Inc)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.098.7, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight 8 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place place, or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release release, or otherwise deal with any property pledged, mortgaged mortgaged, or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Partners Investment Trust)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0912.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight Twelve or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.096.5, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolder, without incurring responsibility to the Holders of the Securities Holder and without impairing or releasing the subordination provided in this Article Eight 6 or the obligations hereunder of the Holders of the Securities Holder to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew renew, alter or alteramend, any Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person person or entity liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Personperson or entity.
Appears in 3 contracts
Samples: Note (Charter Communications Inc /Mo/), Note Agreement (Charter Communications Inc /Mo/), Note (Allen Paul G)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0911.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight Eleven or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/), Subordinated Debt Securities Indenture (Standard Pacific Corp /De/)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0912.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight Twelve or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Indenture (HPH Homebuilders 2000 Lp), Indenture (Horton D R Inc /De/), Indenture (Collins & Aikman Products Co)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.098.7, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight 8 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place place, or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is 41 146 outstanding or secured; (b) sell, exchange, release release, or otherwise deal with any property pledged, mortgaged mortgaged, or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Partners Investment Trust)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the holders of Senior Indebtedness 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 Senior Subordinated Securities, without incurring responsibility to the Holders of the Senior Subordinated Securities and without impairing or releasing the subordination provided in this Article Eight X or the obligations hereunder of the Holders of the Senior Subordinated Securities to the holders of Senior IndebtednessDebt of the Company, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of such Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0911.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight Eleven or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: :
(a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; ;
(b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; ;
(c) release any Person liable in any manner for the collection of Senior Indebtedness; and and
(d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0912.9(d), the Senior Administrative Agent and the holders of Senior Indebtedness Debt may, at any time and from time to time, without the consent of or notice to the Trustee Administrative Agent or the Holders of the SecuritiesLenders, without incurring responsibility to the Holders of Administrative Agent or the Securities Lenders and without impairing or releasing the subordination provided in this Article Eight XII or the obligations hereunder of the Holders of Administrative Agent and the Securities Lenders to the Senior Administrative Agent and the holders of Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company Borrower and any other Person.
Appears in 2 contracts
Samples: Subordinated Credit Agreement (Rouse Properties, Inc.), Subordinated Credit Agreement (Rouse Properties, Inc.)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness 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 Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt of the Company, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of such Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Falcon Products Inc /De/), Indenture (Cadmus Communications Corp/New)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0915.09, the holders of Senior Indebtedness 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 Eight XV or the obligations hereunder of the Holders holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Agco Corp /De), Indenture (Agco Corp /De)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the holders of Senior Indebtedness Debt 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 Eight Ten or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Scientific Games Corp), Indenture (Autotote Corp)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Nbty Inc), Indenture (Tanner Chemicals Inc)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight Ten or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew renew, alter or alteramend, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Language Line Costa Rica, LLC), Indenture (Atlantic Broadband Management, LLC)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.9 of this Exchange Debenture Indenture, the holders of Exchange Debenture Senior Indebtedness Debt 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 Eight Ten or the obligations hereunder of the Holders of the Securities to the holders of Exchange Debenture Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Exchange Debenture Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Exchange Debenture Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Exchange Debenture Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Exchange Debenture Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (Cumulus Media Inc)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0911.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight 11 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0913.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight 13 or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: :
(a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness, or otherwise amend or supplement in any manner Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; outstanding;
(b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; ;
(c) release any Person person liable in any manner for the collection of Senior Indebtedness; and and
(d) exercise or refrain from exercising any rights against the Company and any other Personperson.
Appears in 1 contract
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight 10 or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person person liable in any manner for the collection of Senior IndebtednessIn- debtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Personperson.
Appears in 1 contract
Samples: Indenture (Vail Resorts Inc)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.099.09, the holders of Senior 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 SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight Nine or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior IndebtednessIndebtedness of the Company, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (c) release any Person liable in any manner for the collection of such Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0917.9, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; Indebtedness and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Senior Subordinated Indenture (Owens & Minor Inc/Va/)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against either of the Company Issuers and any other Person.
Appears in 1 contract
Samples: Indenture (Aas Capital Corp)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.091509 of this Indenture, the holders of Senior Guarantor 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 Eight Fifteen or the obligations hereunder of the Holders of the Securities to the holders of Senior Guarantor Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Guarantor Indebtedness or any instrument evidencing the same or any agreement under which Senior Guarantor Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Guarantor Indebtedness; (c) release any Person liable in any manner for the collection of Senior Guarantor Indebtedness; and (d) exercise or refrain from exercising any rights against the Company Guarantors and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section SECTION 8.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (Polymer Group Inc)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; Indebtedness and (d) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. Without in any ------------------------------------- way limiting the generality of Section 8.0910.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight Ten or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (Silgan Holdings Inc)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 1 contract
Samples: Indenture (Digital Television Services of Kansas LLC)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.096(i), the such holders of Senior Indebtedness Debt as are required or permitted under the agreement, indenture or other document (if any) governing such Senior Debt, 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 Eight Section 6 or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment ofpayment, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release exchange or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Senior Indebtedness; Debt and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Credit Agreement (Ws Financing Corp)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0914.9 of this Indenture, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight XIV or the obligations hereunder of the Trustee and the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.095.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight 5 or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: :
(a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness, or otherwise amend or supplement in any manner Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; outstanding;
(b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; ;
(c) release any Person person liable in any manner for the collection of Senior Indebtedness; and and
(d) exercise or refrain from exercising any rights against the Company and any other Personperson.
Appears in 1 contract
Samples: Indenture (B2gold Corp)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.097.9, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight Seven or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Exhibit (Constellation Brands Inc)
No Waiver of Subordination Provisions. Without in any way ------------------------------------- limiting the generality of Section 8.0913(9), the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee Administrative Agent or the Holders of the SecuritiesLenders, without incurring responsibility to the Holders of the Securities Lenders and without impairing or releasing the subordination provided in this Article Eight Section 13 or the obligations hereunder of the Holders of the Securities Lenders to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company Borrower and any other Person.
Appears in 1 contract
Samples: Senior Subordinated Credit Agreement (Princess Beverly Coal Holding Co Inc)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.094(h), the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee Company 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 Eight Section 4 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Modification Agreement (St John Knits International Inc)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.094.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight 4 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew renew, alter or alteramend, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight Ten or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend or shorten the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (Regal Cinemas Inc)
No Waiver of Subordination Provisions. Without in any way ------------------------------------- limiting the generality of Section 8.0912.09, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight Twelve or the obligations hereunder of the Holders of the Securities to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the 101 collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (Urs Corp /New/)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09709 of this First Supplemental Indenture, the holders of Senior Indebtedness Debt 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 Eight Seven or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: First Supplemental Indenture (Biovail Corp International)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight 10 or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Personperson.
Appears in 1 contract
Samples: Indenture (General Cable Corp /De/)
No Waiver of Subordination Provisions. Without in any way -------------------------------------------- limiting the generality of Section 8.0910.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight Ten or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (CFW Communications Co)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the such holders of Senior Indebtedness Debt as are required or permitted under the agreement, indenture or other document (if any) governing such Senior Debt, 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 Eight 10 or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment ofpayment, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release exchange or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Senior Indebtedness; Debt and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (Block Communications Inc)
No Waiver of Subordination Provisions. Without in any way ------------------------------------- limiting the generality of Section 8.0911.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight Eleven or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (Urs Corp /New/)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew renew, alter or alteramend, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (Amo Holdings LLC)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.094.08, the holders of Senior Indebtedness 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 Eight 4 or the obligations hereunder of the Holders holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew renew, alter or alteramend, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.097.9, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight Seven or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement agree- ment under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. 58- Without in any way limiting the generality of Section SECTION 8.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (Polymer Group Inc)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.097.09, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight Seven or the obligations hereunder of the Holders of the Securities to the holders of such Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which such Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of such Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company a Guarantor with respect to such Guarantor Senior Indebtedness and any other Person.
Appears in 1 contract
Samples: Supplemental Indenture (Protection One Alarm Monitoring Inc)
No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0912.09, the holders of Guarantor Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight Twelve or the obligations hereunder of the Holders of the Securities to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract