Rights of Holders of Senior Indebtedness Not to Be Impaired. No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act in good faith by any such holder, or by any noncompliance by the Company, with the terms and provisions and covenants herein regardless of any knowledge thereof any such holder may have or otherwise be charged with. The provisions of this Article XII are intended to be for the benefit of, and shall be enforceable directly by, the holders of the Senior Indebtedness.
Appears in 17 contracts
Samples: Subordinated Indenture (Precipio, Inc.), Subordinated Indenture (Fuelcell Energy Inc), Subordinated Indenture (Fuelcell Energy Inc)
Rights of Holders of Senior Indebtedness Not to Be Impaired. No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act in good faith by any such holder, or by any noncompliance by the Company, with the terms and provisions and covenants herein regardless of any knowledge thereof any such holder may have or otherwise be charged with. The provisions of this Article XII X are intended to be for the benefit of, and shall be enforceable directly by, the holders of the Senior Indebtedness.
Appears in 4 contracts
Samples: Indenture (Lear Corp Eeds & Interiors), Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)
Rights of Holders of Senior Indebtedness Not to Be Impaired. No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time or in any way be prejudiced or impaired by any good faith act or failure omission to act in good faith by any such holder, or by any noncompliance by the Company, Company with the terms and provisions and covenants herein regardless of any knowledge thereof any such holder may have or otherwise be charged with. The provisions of this Article XII 10 are intended to be for the benefit of, and shall be enforceable directly by, the holders of the Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (Met Ed Capital Trust), Indenture (Penelec Capital Trust)
Rights of Holders of Senior Indebtedness Not to Be Impaired. No Subject to Section 4.3 hereof, no right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired impair by any act or failure to act on the part of the Company or by any act or failure to act, in good faith faith, by any such holder, holder or by any noncompliance by the Company, Company with the terms and terms, provisions and covenants herein of this Note, regardless of any knowledge thereof which any such holder may have or otherwise be charged charge with. The provisions of this Article XII are intended to be for the benefit of, and shall be enforceable directly by, the holders of the Senior Indebtedness.
Appears in 1 contract
Samples: Subordinated Promissory Note (Taitron Components Inc)
Rights of Holders of Senior Indebtedness Not to Be Impaired. No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act omission in good faith by any such holder, or by any noncompliance by the Company, any Company with the terms and provisions and covenants herein regardless of any knowledge thereof any such holder of Senior Indebtedness may have or otherwise be charged with. The provisions of this Article XII are intended to be for the benefit of, and shall be enforceable directly by, the holders of the Senior Indebtedness.
Appears in 1 contract
Rights of Holders of Senior Indebtedness Not to Be Impaired. No right of any present or future holder Holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act omission in good faith by any such holderHolder, or by any noncompliance by the Company, any Borrower with the terms and provisions and covenants herein regardless of any knowledge thereof any such holder of Senior Indebtedness may have or otherwise be charged with. The provisions of this Article XII are intended to be for the benefit of, and shall be enforceable directly by, the holders of the Senior Indebtedness.
Appears in 1 contract
Rights of Holders of Senior Indebtedness Not to Be Impaired. No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act in good faith by any such holder, or by any noncompliance by the Company, with the terms and provisions and covenants herein regardless of any knowledge thereof any such holder may have or otherwise be charged with. The provisions of this Article XII 9 are intended to be for the benefit of, and shall be enforceable directly by, by the holders of the Senior Indebtedness, without any act or notice of acceptance hereof or reliance hereon.
Appears in 1 contract
Samples: Indenture (Hudson United Bancorp)