Common use of Rights of the Creditors Not to be Impaired Clause in Contracts

Rights of the Creditors Not to be Impaired. No right of the Administrative Agent or any other Lender or any other present or future holder of the Senior 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 in good faith by the Administrative Agent or any other such Lender or other holder of the Senior Debt or by any noncompliance by any Payee with the terms and provisions and covenants herein regardless of any knowledge thereof the Administrative Agent or any other such Lender or other holder may have or otherwise be charged with. The holders of the Senior Debt may, without in any way affecting the obligations of the Payee or any other holder of the Subordinated Debt with respect thereto, at any time or from time to time in their absolute discretion, change the manner, place or terms or payment of, change or extend the time or payment of or renew or alter any Senior Debt, or amend, supplement or modify any agreement or instrument governing or evidencing such Senior Debt or any other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Debt including, without limitation, the waiver of any Default or Event of Default thereunder and the release of any collateral securing such Senior Debt, all without notice to or assent from the Payee or any other holder of the Subordinated Debt. The provisions of this Annex A are intended to be for the benefit of the Lenders and each other holder of the Senior Debt and shall be enforceable directly by the Administrative Agent, the Swap Creditors, the Lenders, as applicable, or any other present or future holder or holders of the Senior Debt.

Rights of the Creditors Not to be Impaired. No right of the Administrative Agent or any other Lender creditor or any other present or future holder of the Senior 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 in good faith by the Administrative Agent or any other such Lender creditor or other holder of the Senior Debt or by any noncompliance by any Payee with the terms and provisions and covenants herein regardless of any knowledge thereof the Administrative Agent or any other such Lender creditor or other holder may have or otherwise be charged with. The holders of the Senior Debt may, without in any way affecting the obligations of the Payee or any other holder of the Subordinated Debt with respect thereto, at any time or from time to time in their absolute discretion, change the manner, place or terms or payment of, change or extend the time or payment of or renew or alter any Senior Debt, or amend, supplement or modify any agreement or instrument governing or evidencing such Senior Debt or any other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Debt including, without limitation, the waiver of any Default or Event of Default thereunder and the release of any collateral securing such Senior Debt, all without notice to or assent from the Payee or any other holder of the Subordinated Debt, upon the terms and conditions set forth in the agreements governing the Senior Debt. The provisions of this Annex A are intended to be for the benefit of the Lenders creditors and each other holder of the Senior Debt and shall be enforceable directly by the Administrative Agent, the Swap Creditors, the Agent and any Lenders, as applicable, or any other present or future holder or holders of the Senior Debt.

Rights of the Creditors Not to be Impaired. No right of the Administrative Agent or any other Lender Creditor or any other present or future holder of the Senior 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 in good faith by the Administrative Agent or any other such Lender Creditor or other holder of the Senior Debt or by any noncompliance by any Payee with the terms and provisions and covenants herein regardless of any knowledge thereof the Administrative Agent or any other such Lender Creditor or other holder may have or otherwise be charged with. The holders Holders of the Senior Debt may, without in any way affecting the obligations of the Payee or any other holder of the Subordinated Debt with respect thereto, at any time or from time to time in their absolute discretion, change the manner, place or terms or payment of, change or extend the time or payment of or renew or alter any Senior Debt, or amend, supplement or modify any agreement or instrument governing or evidencing such Senior Debt or any other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Debt including, without limitation, the waiver of any Default or Event of Default thereunder and the release of any collateral securing such Senior Debt, all without notice to or assent from the Payee or any other holder of the Subordinated Debt. The provisions of this Annex A are intended to be for the benefit of the Lenders Creditors and each other holder of the Senior Debt and shall be enforceable directly by the Administrative Agent, any Representative or the Swap Derivatives Creditors or other Creditors, the Lenders, as applicable, or any other present or future holder or holders of the Senior Debt.

Rights of the Creditors Not to be Impaired. No right of the Administrative Collateral Agent or any other Lender Secured Party or any other present or future holder of the Senior 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 in good faith by the Administrative Collateral Agent or any other such Lender Secured Party or other holder of the Senior Debt or by any noncompliance by any Payee [INSERT NAME OF AFFILIATE] with the terms and provisions and covenants herein regardless of any knowledge thereof the Administrative Collateral Agent or any other such Lender Secured Party or other holder may have or otherwise be charged with. The holders of the Senior Debt may, without in any way affecting the obligations of the Payee or any other holder of the Subordinated Debt [INSERT NAME OF AFFILIATE] with respect thereto, at any time or from time to time in their absolute discretion, change the manner, place or terms or payment of, change or extend the time or payment of or renew or alter any Senior Debt, or amend, supplement or modify any agreement or instrument governing or evidencing such Senior Debt or any other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Debt including, without limitation, the waiver of any Default or Event of Default thereunder and the release of any collateral securing such Senior Debt, all without notice to or assent from the Payee or any other holder of the Subordinated Debt[INSERT NAME OF AFFILIATE]. The provisions of this Annex A are intended to be for the benefit of the Lenders Secured Parties and each other holder of the Senior Debt and shall be enforceable directly by the Administrative Agent, the Swap Creditors, the LendersCollateral Agent or other Secured Parties, as applicable, or any other present or future holder or holders of the Senior Debt.