Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 17 contracts
Samples: Indenture (Swift Energy Co), Pioneer Natural Resources Co, Pioneer Natural Resources Co
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its the failure of any of them to comply with this Indenture.
Appears in 15 contracts
Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Libbey Inc), Indenture (Eye Care Centers of America Inc)
Subordination May Not Be Impaired by Company. No --------------------------------------------- right of any holder of Senior Indebtedness of the Company to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 9 contracts
Samples: Indenture (Telecorp PCS Inc), Indenture (DR Sales Inc), Indenture (Fs Equity Partners Iii Lp)
Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 9 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Inc)
Subordination May Not Be Impaired by Company. No right present or future holder of any holder of Senior Indebtedness shall be prejudiced in the right to enforce the subordination of the Indebtedness evidenced by indebtedness constituting the Subordinated Debt Securities shall be impaired by any act or failure to act by on the Company or by its failure to comply with this Indenturepart of the Company.
Appears in 8 contracts
Samples: Reinsurance Group of America Inc, Subordinated Indenture (Conseco Financing Trust X), Indenture (Rga Capital Trust Ii)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the any Subordinated Debt Securities and the Guarantee in respect thereof shall be impaired by any act or failure to act by the Company or any Subsidiary Guarantor or by its failure to comply with this Indenture.
Appears in 7 contracts
Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Orgenesis Inc.
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities Debentures shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 6 contracts
Samples: Indenture (Enstar Inc), Indenture (Pods Inc), Indenture (Enstar Inc)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness Debt evidenced by the Subordinated Debt Securities and the Guarantee in respect thereof shall be impaired by any act or failure to act by the Company or the Subsidiary Guarantors or by its failure to comply with this Indenture.
Appears in 5 contracts
Samples: Indenture (Glimcher Realty Trust), Indenture (RAIT Financial Trust), Indenture (Glimcher Realty Trust)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with the terms of this Indenture.
Appears in 5 contracts
Samples: Indenture (Key Energy Group Inc), Icos Corp / De, Genzyme Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its the failure of the Company to comply with this Indenture.
Appears in 5 contracts
Samples: Indenture (MTS Inc), Indenture (Lin Television Corp), Fisher Scientific International Inc
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 5 contracts
Samples: Warren Resources (Warren Resources of California Inc), Indenture (American Oil & Gas Inc), Warren Resources (Warren Resources of California Inc)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 4 contracts
Samples: Tia Indenture (Ivax Corp /De), Indenture (Continental Homes Holding Corp), Trans World Airlines Inc /New/
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or any Holder of Securities or by its the failure of the Company or any such Holder to comply with this First Supplemental Indenture.
Appears in 4 contracts
Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 3 contracts
Samples: Indenture (Garden State Newspapers Inc), Medianews Group Inc, Garden State Newspapers Inc
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities Debentures shall be impaired by any act or failure to act by the Company or any Holder or by its the failure of the Company or any Holder to comply with this Indenture.
Appears in 3 contracts
Samples: Indenture (Auto Marketing Network Inc), Greyhound Lines Inc, Crown Castle International Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company or any Holder or by its the failure of the Company or a Guarantor, as applicable, or any Holder to comply with this Indenture.
Appears in 3 contracts
Samples: Pacific Aerospace & Electronics Inc, Pacific Aerospace & Electronics Inc, Pacific Aerospace & Electronics Inc
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company Company, any Restricted Subsidiary, the Trustee or any Holder or by its the failure of the Company, any Restricted Subsidiary, the Trustee or any Holder to comply with this Indenture.
Appears in 3 contracts
Samples: Tia Indenture (Cast Alloys Inc), Indenture (Neenah Foundry Co), Neenah Foundry Co
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 2 contracts
Samples: Registration Rights Agreement (Appalachian Realty Co), Nci Building Systems Inc
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to 80 73 EXHIBIT 4.1 act by the Company or by its failure to comply with this Indenture.
Appears in 2 contracts
Samples: Indenture (Aqua Chem Inc), Indenture (Aqua Chem Inc)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its the failure of the Company to comply with this Indenture.
Appears in 2 contracts
Samples: COLORADO INTERSTATE ISSUING Corp, COLORADO INTERSTATE ISSUING Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of the Company to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its their failure to comply with this Indenture.
Appears in 2 contracts
Samples: Indenture (Peabody Energy Corp), Cottonwood Land Co
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities this Note shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenturethe terms hereof.
Appears in 2 contracts
Samples: Indus International, TSW International Inc
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness or Guarantor Senior Indebtedness, as applicable, to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company or any Holder or by its the failure of the Company or a Guarantor, as applicable, or any Holder to comply with this Indenture.
Appears in 2 contracts
Samples: Steel Heddle International Inc, Precision Engine Products Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or any Holder or by its the failure of the Company or any Holder to comply with this Indenture.
Appears in 2 contracts
Samples: Cubist Pharmaceuticals Inc, Magna Entertainment Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 2 contracts
Samples: Pilgrims Pride Corp, Pilgrims Pride Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its the failure of the Company to comply with this Subordinated Debt Indenture.
Appears in 2 contracts
Samples: Debt Indenture (General Electric Capital Corp), General Electric Capital Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness and Senior Subordinated Debt to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or any Holder or by its the failure of the Company or any Holder to comply with this Indenture.
Appears in 2 contracts
Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities and the Guarantee in respect thereof shall be impaired by any act or failure to act by the Company or any Guarantor or by its failure to comply with this Indenture.
Appears in 1 contract
Samples: Supplemental Indenture (Enterprise Products Partners L P)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities Exchange Debentures shall be impaired by any act or failure to act by the Company or any Holder of the Exchange Debentures or by its the failure of the Company any Holder of the Exchange Debentures to comply with this Indenture.
Appears in 1 contract
Samples: Ameriking Inc
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities and the Guarantee in respect thereof shall be impaired by any act or failure to act by the Company or the Guarantor or by its failure to comply with this Indenture.
Appears in 1 contract
Samples: Enterprise Products Partners L P
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness Debt evidenced by the Subordinated Debt Securities and the Guarantee in respect thereof shall be impaired by any act or failure to act by the Company or any of the Subsidiary Guarantors or by its failure to comply with this Indenture.
Appears in 1 contract
Samples: Indenture (EnLink Midstream, LLC)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt or any holder of Subsidiary Debt to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 1 contract
Samples: Indenture (Macerich Co)
Subordination May Not Be Impaired by Company. No The right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall not be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 1 contract
Subordination May Not Be Impaired by Company. No right of any holder the holders of the Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities Obligations shall be impaired by any act or failure to act by the Company or the Bank or by its the failure of the Company or the Bank to comply with this IndentureAgreement.
Appears in 1 contract
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or any Holder or by its the failure of the Company or any Holder to comply with this Indenture.
Appears in 1 contract
Samples: Unit Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its the failure of the Company to comply with this Indenture.
Appears in 1 contract
Samples: General Electric Capital Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the Senior Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company or any Holder or by its the failure of the Company or any Holder to comply with this Indenture.
Appears in 1 contract
Samples: Key Plastics Inc
Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company or any holder of Notes or by its the failure of the Company or any holder of Notes to comply with this Indenture.
Appears in 1 contract
Samples: Indenture (Rac Financial Group Inc)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company or any Holder or by its the failure of the company or any holder to comply with this Indenture.
Appears in 1 contract
Samples: Kti Inc
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities shall at any time or in any way be impaired by any act or failure to act by on the part of the Company or by its the act of, or failure to comply act, on the part of any Holder, or by any noncompliance by the Company with the terms of this Indenture.
Appears in 1 contract
Samples: Sina Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced 92 85 by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 1 contract
Samples: Argo Tech Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities Debentures shall be impaired by any act or failure to act by the Company or by its failure to comply with this IndentureAgreement.
Appears in 1 contract
Samples: Debenture Purchase Agreement (Id Technologies Corp)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of the Company to enforce the subordination of the Indebtedness evidenced by with respect to the Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company or any Holder or by its failure of the Company or any Holder to comply with this Indenture.
Appears in 1 contract
Samples: Indenture (Cpi Holding Corp)
Subordination May Not Be Impaired by Company. No right -------------------------------------------- of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture.
Appears in 1 contract
Samples: Marson Creative Fastener Inc
Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Indebtedness Debt of the Company to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities Obligations shall be impaired by any act or failure to act by the Company or by its any Holder of the Senior Subordinated Notes or the failure of the Company or any Holder of the Senior Subordinated Notes to comply with this Indenture.
Appears in 1 contract
Samples: Indenture (Fonda Group Inc)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by with respect to the Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company or any Holder or by its the failure of the Company or any Holder to comply with this Indenture.
Appears in 1 contract
Samples: Indenture (Apparel Retailers Inc)
Subordination May Not Be Impaired by Company. No right present or future holder of any holder of Senior Indebtedness shall be prejudiced in the right to enforce the subordination of the Indebtedness evidenced by indebtedness constituting the Subordinated applicable series of Debt Securities shall be impaired by any act or failure to act by on the Company or by its failure to comply with this Indenturepart of the Company.
Appears in 1 contract
Samples: Talx Corp
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities Notes shall be impaired by any act or failure to act by the Company or by its failure to comply with the terms of this Indenture.
Appears in 1 contract
Samples: Lomak Petroleum Inc
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or any Holder or by its the failure of the Company or any Holder to comply with this Indenture.
Appears in 1 contract
Samples: Pioneer Financial Services Inc /De
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or any Holder of Securities or by its the failure of the Company or any Holder of Securities to comply with this Indenture.
Appears in 1 contract
Samples: Indenture (SFX Broadcasting Inc)
Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of Holdings to enforce the subordination of the Indebtedness evidenced by the Subordinated Debt Securities Holdings Guarantee shall be impaired by any act or failure to act by the Company Holdings or any Holder or by its the failure of Holdings or any Holder to comply with this Indenture.
Appears in 1 contract
Samples: Amsc Acquisition Co Inc