Subordination May. Not Be Impaired by the Maker. No right of any holder of any Senior Indebtedness to enforce the subordination of this Subordinated Note shall be impaired by any failure to act by the Company or such holder of Senior Indebtedness or by the failure of the Company or such holder to comply with this Subordinated Note. The provisions of this Annex B shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Senior Indebtedness is rescinded or must otherwise be returned by any holder of Senior Indebtedness as a result of the insolvency, bankruptcy or reorganization of the Company or otherwise, all as though such payment had not been made.
Subordination May. Not Be Impaired by a Subsidiary Note Guarantor. No right of any holder of Senior Indebtedness of a Subsidiary Guarantor to enforce the subordination of the obligations of such Subsidiary Guarantor hereunder shall be impaired by any act or failure to act by such Subsidiary Guarantor, the Trustee or any Noteholder or by its or their failure to comply with this Indenture.
Subordination May. Not Be Impaired by the Company. No right of any holder of any Senior Indebtedness to enforce the subordination of the Subordinated Indebtedness shall be impaired by any failure by the Company to comply with this Agreement.
Subordination May. Not Be Impaired by the Guarantor. No right of any holder of Senior Indebtedness of Guarantor to enforce the subordination of the Indebtedness evidenced by the Securities shall be impaired by any act or failure to act by the Guarantor or by its failure to comply with this Indenture.
Subordination May. Not Be Impaired by the Subsidiary Guarantor. No right of any holder of Senior Indebtedness to enforce the subordination of the Obligation of a Subsidiary Guarantor pursuant to its Subsidiary Guarantee shall be impaired by (a) any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this Indenture, (b) any release of any collateral or any guarantor or any Per- son or such Subsidiary Guarantor's obligations under Senior Indebtedness, (c) any amendment, supplement, extension, renewal, restatement or other modification of any Senior Indebtedness, (d any settlement or compromise of any Senior Indebtedness, (e) the unenforceability of any of the Senior Indebtedness or (f) the failure of any holder of Senior Indebtedness to pursue claims against such Subsidiary Guarantor. The terms of the subordination provisions contained in this Article 12 will not apply to payments from money or the proceeds of U.S. Government Obligations held in trust by the Trustee for the payment of principal of and interest on the Securities pursuant to and in accordance with the provisions described in Article 8.
Subordination May. Not Be Impaired by Company and Sub ---------------------------------------------------- Co-Issuer. No right of any holder of Senior Indebtedness of the Company or Sub --------- Co-Issuer to enforce the subordination of the Indebtedness evidenced by the Securities shall be impaired by any act or failure to act by the Company or Sub Co-Issuer or by their failure to comply with this Indenture.
Subordination May. Not Be Impaired by the Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company, any Subsidiary of the Company, the Trustee or any Holder or by the failure of the Company, any Subsidiary of the Company, the Trustee or any Holder to comply with this Indenture.
Subordination May. Not Be Impaired by the Borrower. No right of Senior Lender or Subordinate Lender to enforce the subordination created hereby shall be impaired by any act or failure to act by Borrower or by the failure by Borrower to comply with this Agreement, regardless of any knowledge which Senior Lender or Subordinate Lender may have or be otherwise charged with.
Subordination May. Not Be Impaired by the Company. No right of any Holder of Notes to enforce the subordination of the payment of Management Distributions under this Agreement shall at any time in any way be prejudiced or be impaired by any act or failure to act by the Company or BDI or by the failure of the Company or BDI to comply with this Agreement, regardless of any knowledge thereof which BDI may have otherwise been charged with. Without in any way limiting the generality of the foregoing paragraph, the Holders of the Notes may, at any time and from time to time, without the consent of or notice to BDI, without incurring responsibility to BDI and without impairing or releasing the subordination provided in this Section 5 or the obligations hereunder of BDI to the Holders of the Notes, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, the Notes, or otherwise amend or supplement in any manner the Notes; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing the Notes; (iii) release any Person liable in any manner for the payment or collection of the Notes; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Subordination May. Not Be Impaired by the Company. No right of any holder of Senior Indebtedness of the Company to enforce the subordination of the Indebtedness evidenced by the Securities shall be impaired by (a) any act or failure to act by the Company or by its failure to comply with this Indenture, (b) any release of any collateral or any guarantor or any Person of the Company's obligations under the Senior Indebtedness, (c) any amendment, supplement, extension, renewal, restatement or other modification of the Senior Indebtedness, (d) any settlement or compromise of any Senior Indebtedness, (e) the unenforceability of any of the Senior Indebtedness or (f) the failure of any holder of Senior Indebtedness to pursue claims against the Company. The terms of the subordination provisions contained in this Article 10 will not apply to payments from money or the proceeds of U.S. Government Obligations held in trust by the Trustee for the payment of principal of and interest on the Securities pursuant to and in accordance with the provisions described in Article 8.
