Common use of Subordination May Not Be Impaired by Company Clause in Contracts

Subordination May Not Be Impaired by 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 or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness of the Company to enforce the subordination of the Indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall may be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness of the Company to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt of the Company to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder holder of Securities or by the failure of the Company or any Holder such holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Notes or by the failure of the Company or any Holder holder of Notes to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness of the Company to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company Company, the Trustee or any Holder Noteholders or by the its or their failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Convertible Subordinated Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Convertible Subordinated Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes shall may be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness Debt evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt of the Company to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder holder or by the failure of the Company or any Holder holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Convertible Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Convertible Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness of the Company to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this the Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall be prejudiced or impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall Obligations may be impaired by any act or failure to act by the Company or any Holder Lender or by the failure of the Company or any Holder Lender to comply with this IndentureAgreement.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes Debentures shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness Debt evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder by its failure to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Senior Subordinated Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Senior Subordinated Note Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt of the Company to enforce the subordination of the Indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder Securityholder or by the failure of the Company or any Holder Securityholder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness of the Company to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder Holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall will be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this the Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall may be impaired by any act or failure to act by the Company Issuers or any Holder or by the failure of the Company Issuers or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the New Subordinated Notes 31 38 shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this IndentureAgreement.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this IndentureAgreement.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness Debt evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall Securities will be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this the Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes Debentures shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of the holders of any holder of Senior Debt Indebtedness to enforce the their subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company Company, Trustee or any Holder Junior Lender or by the failure of the Company Company, Trustee or any Holder a Junior Lender to comply with this IndentureAgreement.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt of the Company to enforce the subordination of the Indebtedness Debt evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder 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 or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this the Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes this Note shall be impaired by any act or failure to act by the Company or any the Holder or by the failure of the Company or any the Holder to comply with this IndentureSection 13.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company [, any Guarantor] or any Holder holder of Securities or by the failure of the Company [, any Guarantor] or any Holder such holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right rights of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes Debentures shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall and the Subsidiary Guarantees may be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any present or future holders of any Senior Debt to enforce subordination as provided in this Article 13 will at any time in any way be prejudiced or impaired by noncompliance by the Company with the terms of the Indenture, regardless of any knowledge thereof that any such holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall may have or otherwise be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenturecharged with.

Subordination May Not Be Impaired by Company. No right of any a holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this IndentureAgreement.

Subordination May Not Be Impaired by 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 or any Holder or by the failure of the Company or any Holder to comply with this IndentureAgreement.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt of the Company to enforce the subordination of the Indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt or Designated Senior Debt, as applicable, to enforce the subordination of the Indebtedness evidenced by the Notes shall may be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenturethe Note.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes Note shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this IndentureAgreement. SECTION 6.09.

Subordination May Not Be Impaired by 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 or any Holder or by the failure of the Company or a Guarantor, as applicable, or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Regulated Subsidiary Obligations to enforce the subordination of the Indebtedness evidenced by the Notes shall Obligations may be impaired by any act or failure to act by the Company or any Holder Lender or by the failure of the Company or any Holder Lender to comply with this IndentureAgreement.

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall may be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes Note shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall will be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall Securities will be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness Debt evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.. 118

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness Debt evidenced by the Notes shall be impaired by any act or failure to act by the Company ACC or any Holder or by the failure of the Company ACC or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes or the Note Guarantees shall be impaired by any act or failure to act by the Company Company, any Guarantor or any Holder or by the failure of the Company Company, any Guarantor or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Debt of the Company to enforce the subordination of the Indebtedness evidenced by the Notes as provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture, regardless of any knowledge thereof which any such Holder may have or otherwise be charged with.

Subordination May Not Be Impaired by Company. No right of any holder or owner of Senior Debt Secured Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this IndentureAgreement.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall will be impaired by any act or failure to act by the Company or any Holder Issuer or by the its failure of the Company or any Holder to comply with this the Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Convertible Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Convertible Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder such holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes Subordinated Note Obligations shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Convertible Subordinated Notes as herein provided shall be prejudiced or impaired by any act or failure to act by the Company or any Holder holder of Convertible Subordinated Notes or by the failure of the Company or any Holder such holder to comply with this Indenture, regardless of any knowledge thereof any such holder may have or otherwise be charged with.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness of the Company to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture. SECTION 10.09.

Subordination May Not Be Impaired by 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 or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by Obligations with respect to the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall Note Guarantees may be impaired by any act or failure to act by the Company Company, any Guarantor or any Holder or by the failure of the Company Company, any Guarantor or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall will be impaired by any act or failure to act by the Company Company, any Subsidiary, Trustee or any Holder or by the any of their failure of the Company or any Holder to comply with this the Indenture.

Subordination May Not Be Impaired by Company. No right of -------------------------------------------- any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Convertible Subordinated Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Convertible Subordinated Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any a holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this IndentureAgreement.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder of Securities or by the failure of the Company or any Holder such holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder of them to comply with this Indenture.. 105

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness Debt evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Third Supplemental Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes or the Note Guarantees shall be impaired by any act or failure to act by the Company Company, any Guarantor or any Holder or by the failure of the Company Company, any Guarantor or any Holder to comply with this IndentureIndenture or the Intercreditor Agreement.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes Exchange Debentures shall be impaired by any act or failure to act by the Company or any Holder of the Exchange Debentures or by the failure of the Company or any Holder of the Exchange Debentures to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness of the Issuers to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder Issuers or by the their failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall may be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this IndentureAgreement.

Subordination May Not Be Impaired by Company. No right of any holder of Designated Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Debt of the Company to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Convertible Subordinated Notes shall be impaired by any act or failure to act 57 by the Company or any Holder holder of Convertible Subordinated Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.