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

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 by any such holder, or by any noncompliance by Borrower with the terms and provisions and covenants herein regardless of any knowledge thereof such holder may have or otherwise be charged with. The provisions of this Section 10 are intended to be for the benefit of, and shall be enforceable directly by, the holders of the Senior Indebtedness. Borrower and Lender acknowledges that the holders of the Senior Indebtedness are or will be relying upon the provisions of this Section 10 in extending such Senior Indebtedness.