Common use of Rights of Holders of Senior Indebtedness Not Impaired Clause in Contracts

Rights of Holders of Senior Indebtedness Not Impaired. No right of any present or future holder of any Senior Indebtedness to enforce the subordination herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or by any noncompliance by the Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. With respect to the holders of Senior Indebtedness, (a) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, (b) the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, (c) no implied covenants or obligations shall be read into this Indenture against the Trustee and (d) the Trustee shall not be deemed to be a fiduciary as to such holders.

Rights of Holders of Senior Indebtedness Not Impaired. No right of any present or future holder of any Senior Indebtedness to enforce the subordination herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or by any noncompliance by the Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. With respect to the holders of Senior Indebtedness, (ai) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, (bii) the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, (ciii) no implied covenants or obligations shall be read into this Indenture against the Trustee and (div) the Trustee shall not be deemed to be a fiduciary as to such holders.

Rights of Holders of Senior Indebtedness Not Impaired. No right of any present or future holder of any Senior Indebtedness to enforce the subordination herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Corporation or by any noncompliance by the Issuer Corporation with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. With respect to the holders of Senior Indebtedness, (ai) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, ; (bii) the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, ; (ciii) no implied covenants or obligations shall be read into this Indenture against the Trustee Trustee; and (div) the Trustee shall not be deemed to be a fiduciary as to such holders.

Rights of Holders of Senior Indebtedness Not Impaired. No right of any present or future holder of any Senior Indebtedness to enforce the subordination herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Company or by any noncompliance by the Issuer Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. With respect to the holders of Senior Indebtedness, (ai) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, ; (bii) the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, ; (ciii) no implied covenants or obligations shall be read into this Indenture against the Trustee Trustee; and (div) the Trustee shall not be deemed to be a fiduciary as to such holders.

Rights of Holders of Senior Indebtedness Not Impaired. No right of any present or future holder of any Senior Indebtedness to enforce the subordination herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or by any noncompliance by the Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. With respect to the holders of Senior Indebtedness, (ai) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, (bii) the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, (ciii) no implied covenants or obligations shall be read into this -79- 87 Indenture against the Trustee and (div) the Trustee shall not be deemed to be a fiduciary as to such holders.

Rights of Holders of Senior Indebtedness Not Impaired. No right of any present or future holder of any Senior Indebtedness to enforce the subordination herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Guarantors or by any noncompliance by the Issuer Guarantors with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. With respect to the holders of Senior Indebtedness, (a) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, (b) the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, (c) no implied covenants or obligations shall be read into this Indenture against the Trustee and (d) the Trustee shall not be deemed to be a fiduciary as to such holders.

Rights of Holders of Senior Indebtedness Not Impaired. No right of any present or future holder of any Senior Indebtedness to enforce the subordination herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or by any noncompliance by the Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. With respect to the holders of Senior Indebtedness, (a) the duties and obligations of the Indenture Trustee shall be determined solely by the express provisions of this Indenture, (b) the Indenture Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, (c) no implied covenants or obligations shall be read into this Indenture against the Indenture Trustee and (d) the Indenture Trustee shall not be deemed to be a fiduciary as to such holders.

Rights of Holders of Senior Indebtedness Not Impaired. No right of any present or future holder of any Senior Indebtedness to enforce the subordination herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Parent Guarantor or by any noncompliance by the Issuer Parent Guarantor with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with. With respect to the holders of Senior Indebtedness, (a) the duties and obligations of the Trustee shall be determined solely by the express provisions of this IndentureAgreement, (b) the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this IndentureAgreement, (c) no implied covenants or obligations shall be read into this Indenture Agreement against the Trustee and (d) the Trustee shall not be deemed to be a fiduciary as to such holders.

Rights of Holders of Senior Indebtedness Not Impaired. No ----------------------------------------------------- right of any present or future holder of any Senior Indebtedness to enforce the subordination herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or by any noncompliance by the Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. With respect to the holders of Senior Indebtedness, (ai) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, ; (bii) the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, ; (ciii) no implied covenants or obligations shall be read into this Indenture against the Trustee Trustee; and (div) the Trustee shall not be deemed to be a fiduciary as to such holders.

Rights of Holders of Senior Indebtedness Not Impaired. No right of any present or future holder of any Senior Indebtedness to enforce the subordination herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Company or by any noncompliance by the Issuer Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. With respect to the holders of Senior Indebtedness, (a) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, (b) the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, (c) no implied covenants or obligations shall be read into this Indenture against the Trustee and (d) the Trustee shall not be deemed to be a fiduciary as to such holders.

Rights of Holders of Senior Indebtedness Not Impaired. No right of any present or future holder of any Senior Indebtedness to enforce the subordination herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Corporation or by any noncompliance by the Issuer Corporation with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. With respect to the holders of Senior Indebtedness, (ai) the duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, ; (bii) the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, ; (ciii) no implied covenants or obligations shall be read into this Indenture against the Trustee Trustee; and (div) the Trustee shall not be deemed to be a fiduciary as to such holdersholders of Senior Indebtedness.