No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Indebtedness of any Guarantor 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 such Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such 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: Senior Subordinated Indenture (Fresenius Medical Care Corp), Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc), Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Indebtedness of any the Subsidiary Guarantor 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 such the Subsidiary Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such the Subsidiary Guarantor with the terms, provisions and covenants of this IndentureIndenture or any Subsidiary Guarantee, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 4 contracts
Samples: Subordinated Indenture (Principal Financial Services Inc), Junior Subordinated Indenture (Principal Financial Group Inc), Subordinated Indenture (Principal Financial Group Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Indebtedness of any Guarantor 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 such Guarantor the Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by such Guarantor the Issuer with the terms, provisions and covenants of this Perpetual Subordinated Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Perpetual Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.), Perpetual Subordinated Indenture (Sumitomo Mitsui Financial Group, Inc.)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Indebtedness of any Guarantor 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 such Guarantor the Note Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such Guarantor the Note 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 2 contracts
Samples: Senior Subordinated Indenture (Fresenius Medical Care Corp), Senior Subordinated Indenture (Fresenius Medical Care Corp)
No Waiver of Subordination Provisions. No right of any present or future holder of any Guarantor Senior Indebtedness of any Guarantor 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 such the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such 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 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 Guarantor Senior Indebtedness of any Guarantor 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 such the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such the Guarantor with the terms, provisions and covenants of this IndentureSection 5, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Trust Agreement Guarantee (Mci Worldcom Inc), Expense Agreement Guarantee (Mci Worldcom Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Guarantor Indebtedness of any Guarantor 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 such any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by such any 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 2 contracts
Samples: Indenture (Fca of Ohio Inc), Exhibit (Brooks Pharmacy, Inc.)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness of any Guarantor 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 such any Guarantor or by by, any act or failure to act, in good faith, act by any such holder, or by any noncompliance non-compliance by such any 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 2 contracts
Samples: Exhibit (Salem Communications Corp /De/), Exhibit (Salem Communications Corp /De/)
No Waiver of Subordination Provisions. No right of any present or future holder of any Guarantor Senior Indebtedness of any Guarantor 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 such any Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non-compliance by such any 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 2 contracts
Samples: Subordinated Indenture (Wsyt Licensee L P), Subordinated Indenture (Sinclair Television Co Ii Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Indebtedness of any Guarantor 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 such Company or Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by such Company or Guarantor with the terms, provisions and covenants of this Guaranty or the Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Guaranty (Total Renal Care Holdings Inc), Second Supplemental Indenture (Total Renal Care Holdings Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Guarantor Senior Indebtedness of any Guarantor 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 such the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such 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 2 contracts
Samples: Second Supplemental Indenture (First Union Corp), Third Supplemental Indenture (First Union Corp)
No Waiver of Subordination Provisions. No right of any present or future holder of any Guarantor Senior Indebtedness of any Guarantor 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 such any Subsidiary Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non-compliance by such any Subsidiary 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
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Guarantor Secured Indebtedness of any Guarantor 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 such the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such the Guarantor with the terms, provisions and covenants of this IndentureGuarantee Agreement, regardless of any knowledge thereof that any such holder Holder may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Subordination Provisions. No right of any present or future holder of any of the Guarantor's Senior Indebtedness of any Guarantor 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 such the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by such 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
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Indebtedness of any Subsidiary Guarantor 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 such Subsidiary Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such Subsidiary 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: Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Indebtedness of any Guarantor 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 such Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non-compliance by such Guarantor with the terms, provisions and covenants of this the Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Subordination Provisions. No right of any present or future holder of any Guarantor Senior Indebtedness of any Guarantor 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 such any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by such any 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
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness of any Guarantor 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 such a Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by such 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: Indenture (Buslease Inc /New/)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Guarantor Secured Indebtedness of any Guarantor 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 such the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such the 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 1 contract
No Waiver of Subordination Provisions. No right of any ------------------------------------- present or future holder of any Senior Guarantor Secured Indebtedness of any Guarantor 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 such the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such the 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 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Indebtedness of any Guarantor 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 such any Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non- compliance by such any 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: Indenture (Viking Distillery Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Indebtedness of any Guarantor Liability 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 such the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such the 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 1 contract
Samples: Guarantee Agreement (Pioneer Standard Electronics Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Indebtedness of any Guarantor 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 such the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by such the 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 1 contract
Samples: Guarantee Agreement (Bowater Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Guarantor Senior Indebtedness of any Guarantor 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 such any Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non- compliance by such any 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
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness of any Guarantor 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 such any Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non- compliance by such any 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
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Indebtedness of any Guarantor 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 such any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by such any 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: Indenture (United Auto Group Inc)
