Nonimpairment. Nothing contained in this Note is intended to or shall impair, as between the Company, the Company's creditors other than the holders of Senior Debt of the Company, and Holder, the obligation of the Company, which is absolute and unconditional, to pay to Holder the principal of and interest on this Note, as and when the same shall become due and payable in accordance with its terms, and which, subject to the rights under Article X of the Indenture of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company. In addition, nothing contained in this Note is intended to or shall affect the relative rights of Holder and creditors of the Company other than the holders of Senior Debt of the Company, nor shall anything herein or therein prevent the Holder of this Note from exercising all remedies otherwise permitted by the Indenture and applicable law upon the occurrence of an Event of Default, subject to the rights, if any, under Article X of the Indenture of the holders of Senior Debt of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy.
Nonimpairment. No reference herein to the Indenture and no provision of this Note or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of (and premium, if any) and interest, if any, on this Note at the times, place and rate, and in the coin or currency, herein prescribed.
Nonimpairment. No reference herein to the Indenture and no provision of this Note or of the Indenture shall alter or impair the obligation of the Partnership, which is absolute and unconditional, to pay the principal of (and premium, if any) and interest, if any, on this Note at the times, place and rate, and in the coin or currency, herein prescribed.
Nonimpairment. The holder hereof may from time to time, without notice to Buyer, and without impairing or affecting the security interest created hereby: (a) acquire a security interest in any property in addition to the Pledged Stock, or release any such interest so acquired or release any security interest in any of the Pledged Stock, or permit any substitution or exchange for such property or any part thereof; (b) acquire the primary or secondary liability of any party or parties with respect to all or any of the Indebtedness, or release, modify, or compromise the same or any part thereof; (c) modify, extend or renew for any period any of the Indebtedness; and (d) resort to the Pledged Stock for payment of the Indebtedness whether or not the holder hereof has resorted to any other collateral or proceeding against any party primarily or secondarily liable on the Indebtedness.
Nonimpairment. Except as provided in this Second Amendment, the Agreement is unchanged and shall remain in full force and effect and shall be binding upon the parties in accordance with its terms.
Nonimpairment. In no event shall the purchase of a Shareholder's Shares cause the Corporation's solvency and continuing operations to be impaired. Accordingly, in the event insurance proceeds (if obtained for death of a Shareholder) are insufficient to discharge the Corporation's obligation to purchase a Shareholder's Shares, then, notwithstanding any other provision of this Agreement, the payment of the purchase price of the Shares shall be accomplished so as not to cause the solvency and continued operations to be impaired on such terms and conditions as the directors of the Corporation in good faith determine.
Nonimpairment. The failure to endorse a Subsidiary Guarantee on any Note shall not affect or impair the validity thereof.
Nonimpairment. Subject to the provisions of Section 3.8 below, Verizon shall be under no obligation to continue to provide Hello Depot with nondiscriminatory access to Mass Market Switching on an unbundled basis under the Amended Agreement upon a finding by the Illinois Commerce Commission or the FCC that requesting telecommunications carriers are not impaired without access to Mass Market Switching in a particular market, or where the Illinois Commerce Commission or the FCC has found that all impairment would be cured by implementation of a transition plan for unbundled circuit switching in a particular market.
Nonimpairment. Subject to the provisions of Section 3.8 below, Verizon shall be under no obligation to provide or continue providing Hello Depot with nondiscriminatory access to DS1 Dedicated Transport or DS3 Dedicated Transport on an unbundled basis under the Amended Agreement on a particular Route upon a finding by the Massachusetts Department of Telecommunications and Energy or the FCC that requesting telecommunications carriers are not impaired without access to DS1 Dedicated Transport or DS3 Dedicated Transport, respectively, on the subject Route(s) or on all Routes. Any DS1 Dedicated Transport or DS3 Dedicated Transport previously made available to Hello Depot on the subject Route(s) shall be considered Nonconforming Facilities immediately on the effective date of the nonimpairment finding and thereafter.
Nonimpairment. Subject to the provisions of Section 3.8 below, Verizon shall be under no obligation to provide or continue providing Hello Depot with nondiscriminatory access to Dark Fiber Transport on an unbundled basis under the Agreement or the Amended Agreement on a particular Route upon a finding by the Illinois Commerce Commission or the FCC that requesting telecommunications carriers are not impaired without access to unbundled Dark Fiber Transport on the subject Route(s) or on all Routes. Any Dark Fiber Transport previously made available to Hello Depot on the subject Route(s) shall be considered a Nonconforming Facility as of the effective date of the nonimpairment finding.
