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

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 Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture. (b) Without in any way limiting the generality of subsection (a) of this Section, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, 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 terms of Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding (including any increase in the aggregate principal amount of any indebtedness thereunder, it being understood that any such additional indebtedness shall not constitute Senior Indebtedness to the extent Incurred in violation of Section 4.05 of this Indenture); (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release any Person liable in any manner for the collection of Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and/or any other Person. (c) If the Trustee on behalf of the Holders or any Holders should fail to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to the Company at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holders.

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 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. (b) . Without in any way limiting the generality of subsection (a) of this Sectionthe foregoing paragraph, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, 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 terms of Senior Indebtedness or the terms of otherwise amend or supplement in any manner Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding (including any increase in the aggregate principal amount of any indebtedness thereunder, it being understood that any such additional indebtedness shall not constitute Senior Indebtedness to the extent Incurred in violation of Section 4.05 of this Indenture); outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; ; (iii) release any Person liable in any manner for the collection of Senior Indebtedness; and and (iv) exercise or refrain from exercising any rights against the Company and/or and any other Person. (c) If the Trustee on behalf of the Holders or any Holders should fail to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to the Company at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holders.

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the Securities Notes shall be prejudiced or 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. (b) . Without in any way limiting the generality of subsection (a) of this Sectionthe foregoing paragraph, the holders of the Senior Indebtedness Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt, do any one or more of the following: : (ia) change the manner, place or terms of payment or extend the time of or payment of, or renew or alter, the terms of Senior Indebtedness Debt or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding (including any increase in the aggregate principal amount of any indebtedness thereunderoutstanding; provided, it being understood however, that any such additional indebtedness alteration shall not constitute (A) increase the amount of Senior Indebtedness to the extent Incurred Debt outstanding in violation of a manner prohibited by this Indenture or (B) otherwise violate Section 4.05 of this Indenture); 4.07 hereof; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; Debt; (iiic) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and provided, however, that any such sale, exchange, release or other transaction shall not violate Section 4.09 hereof; and (ivd) exercise or refrain from exercising any rights against the Company and/or or any other Person. (c) If ; provided, however, that in no event shall any such actions limit the Trustee on behalf right of the Holders Holder to take any action to accelerate the maturity of the Notes in accordance with the provisions set forth in Article 6 or to pursue any Holders should fail to file a proof of claim in any bankruptcy, insolvency, receivership rights or similar proceeding relating remedies against the parties to the Company at least 30 days before Indenture under the expiration Indenture or under applicable laws if the taking of such action does not otherwise violate the time to file such claim or claims, each holder terms of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holdersthis Article.

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 Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture. (b) Without in any way limiting the generality of subsection (a) of this Section, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: : (i1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, the terms of Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding (including any increase in the aggregate principal amount of any indebtedness thereunder, it being understood that any such additional indebtedness shall not constitute Senior Indebtedness to the extent Incurred incurred in violation of Section 4.05 of this Indenture); ; (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; ; (iii3) release any Person liable in any manner for the collection of Senior Indebtedness; and and (iv4) exercise or refrain from exercising any rights against the Company and/or any other Person. (c) If the Trustee on behalf of the Holders or any Holders should fail to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to the Company at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holders.

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 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. (b) Without in any way limiting the generality of subsection (a) the preceding paragraph of this Section, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNoteholders, without incurring responsibility to the Holders of the Securities Noteholders and without impairing or releasing the subordination or other benefits provided in this Article XV, or the obligations hereunder of the Holders of the Securities Noteholders to the holders of Senior Indebtedness, do any one or more of the following: : (i1) change the manner, place or terms of payment or extend the time of payment of, or renew renew, exchange, amend, increase or alter, the terms of Senior Indebtedness or the terms term of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding (including or any increase in the aggregate principal amount liability of any obligor thereon (unless such change, extension or alteration results in such indebtedness thereunder, it no longer being understood that any such additional indebtedness shall not constitute Senior Indebtedness to the extent Incurred as defined in violation of Section 4.05 of this Indenture); ; (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing sell Senior Indebtedness; ; (iii3) settle or compromise any Senior Indebtedness or any liability of any obligor thereon or release any Person liable in any manner for the collection of Senior Indebtedness; and and (iv4) exercise or refrain from exercising any rights against the Company and/or and any other Person. (c) If the Trustee on behalf of the Holders or any Holders should fail to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to the Company at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holders.

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the 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. (b) Without in Indenture regardless of any way limiting knowledge thereof that any such Holder of Notes or holder of Senior Debt, as the generality of subsection (a) of this Sectioncase may be, the may have or be otherwise charged with. The holders of Senior Indebtedness mayDebt may extend, at any time and from time to timerenew, without restate, supplement, modify or amend the consent of or notice to the Trustee or the Holders terms of the SecuritiesSenior Debt or any Obligations with respect thereto or any security therefor and release, sell or exchange such security and otherwise deal freely with the Company and its Subsidiaries and Affiliates all without incurring responsibility to any Holder or the Holders of the Securities and Trustee, without impairing or releasing the subordination provided in this Article obligations of any Holder or the obligations hereunder of the Holders of the Securities Trustee to the holders of Senior IndebtednessDebt, do any one or more and without affecting the liabilities and obligations of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, the terms of Senior Indebtedness parties to this Indenture or the terms Holders. Each Holder of the Notes by its acceptance thereof: (a) acknowledges and agrees that the holders of any instrument evidencing the same Senior Debt or their Representative, in its or their discretion, and without affecting any agreement under which Senior Indebtedness is outstanding (including any increase in the aggregate principal amount rights of any indebtedness thereunder, it being understood that any such additional indebtedness shall not constitute Senior Indebtedness to the extent Incurred in violation of Section 4.05 of this Indenture); (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release any Person liable in any manner for the collection of Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and/or any other Person. (c) If the Trustee on behalf of the Holders or any Holders should fail to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to the Company at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness (Debt under this Article 10, may foreclose any mortgage or its representative) is hereby authorized to file an appropriate claim for and on behalf deed of all trust covering interest in real property securing such Senior Debt or any guarantee thereof by judicial or nonjudicial sale, even though such action may release the Company or any guarantor of such Senior Debt from further liability under such Senior Debt or any guarantee thereof or may otherwise limit the remedies available to the holders thereof; and (b) hereby waives any defense that such Holder may otherwise have to the enforcement by any holder of any Senior Debt or any Representative of such holder against such Holder of this Article 10 after or as a result of any action, including any such defense based on any loss or impairment of rights of subrogation. If at any time any payment of Obligations with respect to any Senior Debt is rescinded or must otherwise be returned upon the insolvency, bankruptcy, reorganization or liquidation of the Holders.Company or any Guarantor or otherwise, the provisions of this Article 10 shall continue to be effective or reinstated, as the case may be, to the same extent as though such payments had not been made. 58 65

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 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 of Senior Indebtedness to comply with this Indenture. (b) . Without in any way limiting the generality of subsection (a) of this Sectionthe foregoing paragraph, the holders of the Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Thirteen or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: : (ia) change the manner, place or terms of payment or extend the time of or payment of, or renew or alter, the terms of Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding (including any increase in the aggregate principal amount of any indebtedness thereunderoutstanding; PROVIDED, it being understood HOWEVER, that any such additional indebtedness alteration shall not constitute (i) increase the amount of Senior Indebtedness to the extent Incurred outstanding in violation of Section 4.05 of a manner prohibited by this Indenture); Indenture or (ii) otherwise violate Section 1008 hereof; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; ; (iiic) release any Person liable in any manner for the collection of Senior Indebtedness; and and (ivd) exercise or refrain from exercising any rights against the Company and/or or any other Person. (c) If ; PROVIDED, HOWEVER, that in no event shall any such actions limit the Trustee on behalf right of the Holders or to take any Holders should fail action to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to accelerate the Company at least 30 days before the expiration maturity of the time Notes in accordance with the provisions set forth in Section 502 or to file pursue any rights or remedies against the parties to this Indenture under this Indenture or under applicable laws if the taking of such claim or claims, each holder action does not otherwise violate the terms of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holdersthis Article Thirteen.

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the 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. (b) . Without in any way limiting the generality of subsection (a) of this Sectionthe foregoing paragraph, the holders of the Senior Indebtedness Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article 11 or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt, do any one or more of the following: : (ia) change the manner, place or terms of payment or extend the time of or payment of, or renew or alter, the terms of Senior Indebtedness Debt or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding (including any increase in the aggregate principal amount of any indebtedness thereunderoutstanding; PROVIDED, it being understood HOWEVER, that any such additional indebtedness alteration shall not constitute (i) increase the amount of Senior Indebtedness to the extent Incurred Debt outstanding in violation of Section 4.05 of a manner prohibited by this Indenture); Indenture or (ii) otherwise violate Section 4.09 hereof; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; Debt; (iiic) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and PROVIDED, HOWEVER, that any such sale, exchange, release or other transaction shall not violate Section 4.13 hereof; and (ivd) exercise or refrain from exercising any rights against the Company and/or or any other Person. (c) If ; PROVIDED, HOWEVER, that in no event shall any such actions limit the Trustee on behalf right of the Holders or Holder to take any Holders should fail action to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to accelerate the Company at least 30 days before the expiration maturity of the time Notes in accordance with the provisions set forth in Article 6 or to file pursue any rights or remedies against the parties to this Indenture under this Indenture or under applicable laws if the taking of such claim or claims, each holder action does not otherwise violate the terms of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holdersthis Article 11.

Subordination May Not Be Impaired by Company. (a) No right of any present or future holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the Securities Senior Subordinated Notes shall be impaired by any act or failure to act by the Company or any Holder of Senior Subordinated Notes or any holder of Senior Debt or by its the failure of the Company or any Holder of Senior Subordinated Notes or any holder of Senior Debt to comply with this Indenture. Indenture regardless of any knowledge thereof that any such Holder of Senior Subordinated Notes or holder of Senior Debt, as the case may be, may have or be otherwise charged with. The holders of Senior Debt may extend, renew, restate, supplement, modify or amend the terms of the Senior Debt or any Obligations with respect thereto or any security therefor and release, sell or exchange such security and otherwise deal freely with the Company and its Subsidiaries and Affiliates all without affecting the liabilities and obligations of the parties to this Indenture or the Holders. No provision in any supplemental indenture that adversely affects the subordination of the Senior Subordinated Notes or other provisions of this Article 10 shall be effective against the holders of the Designated Senior Debt that have not consented thereto. Each Holder of the Senior Subordinated Notes by their acceptance thereof: (a) acknowledges and agrees that the holders of any Senior Debt or their Representative, in its or their discretion, and without affecting any rights of any holder of Senior Debt under this Article 10, may foreclose any mortgage or deed of trust covering interest in real property securing such Senior Debt or any guarantee thereof by judicial or nonjudicial sale, even though such action may release the Company or any guarantor of such Senior Debt from further liability under such Senior Debt or any guarantee thereof or may otherwise limit the remedies available to the holders thereof; and (b) Without in hereby waives any way limiting defense that such Holder may otherwise have to the generality enforcement by any holder of subsection (a) any Senior Debt or any Representative of such holder against such Holder of this SectionArticle 10 after or as a result of any action, the holders including any such defense based on any loss or impairment of Senior Indebtedness may, rights of subrogation. If at any time and from time any payment of Obligations with respect to timeany Senior Debt is rescinded or must otherwise be returned upon the insolvency, without bankruptcy, reorganization or liquidation of the consent Company or otherwise, the provisions of this Article 10 shall continue to be effective or notice reinstated, as the case may be, to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, 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 terms of Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding (including any increase in the aggregate principal amount of any indebtedness thereunder, it being understood that any extent as though such additional indebtedness shall payments had not constitute Senior Indebtedness to the extent Incurred in violation of Section 4.05 of this Indenture); (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release any Person liable in any manner for the collection of Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and/or any other Personbeen made. (c) If the Trustee on behalf of the Holders or any Holders should fail to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to the Company at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holders.

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the 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. (b) Without in Indenture regardless of any way limiting knowledge thereof that any such Holder of Notes or holder of Senior Debt, as the generality of subsection (a) of this Sectioncase may be, the may have or be otherwise charged with. The holders of Senior Indebtedness mayDebt may extend, at any time and from time to timerenew, without restate, supplement, modify or amend the consent of or notice to the Trustee or the Holders terms of the SecuritiesSenior Debt or any Obligations with respect thereto or any security therefor and release, sell or exchange such security and otherwise deal freely with the Company and its Affiliates all without incurring responsibility to any Holder or the Holders of the Securities and Trustee, without impairing or releasing the subordination provided in this Article obligations of any Holder or the obligations hereunder of the Holders of the Securities Trustee to the holders of Senior IndebtednessDebt, do any one or more and without affecting the liabilities and obligations of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, the terms of Senior Indebtedness parties to this Indenture or the terms Holders. Each Holder of the Notes by its acceptance thereof: (a) acknowledges and agrees that the holders of any instrument evidencing the same Senior Debt or their Representative, in its or their discretion, and without affecting any agreement under which Senior Indebtedness is outstanding (including any increase in the aggregate principal amount rights of any indebtedness thereunder, it being understood that any such additional indebtedness shall not constitute Senior Indebtedness to the extent Incurred in violation of Section 4.05 of this Indenture); (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release any Person liable in any manner for the collection of Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and/or any other Person. (c) If the Trustee on behalf of the Holders or any Holders should fail to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to the Company at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness Debt under this Article 9, may foreclose any mortgage or deed of trust covering interest in real property securing such Senior Debt or any guarantee thereof by judicial or nonjudicial sale, even though such action may release the Company or any guarantor of such Senior Debt from further liability under such Senior Debt or any guarantee thereof or may otherwise limit the remedies available to the holders thereof; and (b) hereby waives any defense that such Holder may otherwise have to the enforcement by any holder of any Senior Debt or its representative) Representative against such Holder of this Article 9 after or as a result of any action, including any such defense based on any loss or impairment of rights of subrogation. If at any time any payment of Obligations with respect to any Senior Debt is hereby authorized to file an appropriate claim for and on behalf of all rescinded or any must otherwise be returned upon the insolvency, bankruptcy, reorganization or liquidation of the HoldersCompany or otherwise, the provisions of this Article 9 shall continue to be effective or reinstated, as the case may be, to the same extent as though such payments had not been made.

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the 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. (b) . Without in any way limiting the generality of subsection (a) of this Sectionthe foregoing paragraph, the holders of the Senior Indebtedness Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article 11 or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt, do any one or more of the following: : (i) change the manner, place or terms of payment or extend the time of or payment of, or renew or alter, the terms of Senior Indebtedness Debt or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding (including any increase in the aggregate principal amount of any indebtedness thereunder, it being understood outstanding; provided that any such additional indebtedness alteration shall not constitute (a) increase the amount of Senior Indebtedness to the extent Incurred Debt outstanding in violation of Section 4.05 of a manner prohibited by this Indenture); , or (b) otherwise violate Section 4.09 hereof, (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; Debt, (iii) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and provided that any such sale, exchange, release or other transaction shall not violate Section 4.13 hereof, and (iv) exercise or refrain from exercising any rights against the Company and/or or any other Person. (c) If ; provided that in no event shall any such actions limit the Trustee on behalf right of the Holders or Holder to take any Holders should fail action to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to accelerate the Company at least 30 days before the expiration maturity of the time Notes in accordance with the provisions set forth in Article 6 or to file pursue any rights or remedies against the parties to this Indenture under this Indenture or under applicable laws if the taking of such claim or claims, each holder action does not otherwise violate the terms of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holdersthis Article 11.

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 Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture. (b) Without in any way limiting the generality of subsection (a) of this Section, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (i1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, the terms of Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding (including any increase in the aggregate principal amount of any indebtedness thereunder, it being understood that any such additional indebtedness shall not constitute Senior Indebtedness to the extent Incurred incurred in violation of Section 4.05 of this Indenture); (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii3) release any Person liable in any manner for the collection of Senior Indebtedness; and (iv4) exercise or refrain from exercising any rights against the Company and/or any other Person. (c) If the Trustee on behalf of the Holders or any Holders should fail to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to the Company at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holders.

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 Securities Notes shall be impaired by any act or failure to act by the Company or by its any Holder or the failure of the Company or any Holder to comply with this Indenture. (b) Without in any way limiting the generality of subsection (a) of this SectionSection 6.09(a), the holders of any Senior Indebtedness Debt of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securitiesany Holders, without incurring responsibility any liabilities to the Holders of the Securities any Holder and without impairing or releasing the subordination and other benefits provided in this Article Indenture or the Holders' obligations hereunder of the Holders of the Securities to the holders of such Senior IndebtednessDebt, even if any Holder's right of reimbursement or subrogation or other right or remedy is affected, impaired or extinguished thereby, but subject to the proviso contained in the first sentence, and to the second sentence, of the definition of "Senior Debt," do any one or more of the following: : (i) change amend, renew, exchange, extend, modify, increase or supplement in any manner such Senior Debt or any instrument evidencing or guaranteeing or securing such Senior Debt or any agreement under which such Senior Debt is outstanding (including, but not limited to, changing the manner, place or terms of payment or extend changing or extending the time of payment of, or renew renewing, exchanging, amending, increasing, releasing, terminating or alteraltering, (A) the terms of such Senior Indebtedness Debt, (B) any security for, or the terms any guarantee of, such Senior Debt, (C) any liability of any instrument evidencing the same or any agreement under which obligor on such Senior Indebtedness is outstanding Debt (including any increase guarantor) or any liability incurred in the aggregate principal amount respect of any indebtedness thereunder, it being understood that any such additional indebtedness shall not constitute Senior Indebtedness to the extent Incurred in violation of Section 4.05 of this IndentureDebt); ; (ii) sell, exchange, release release, surrender, realize upon, enforce or otherwise deal with in any manner and in any order any property pledged, mortgaged or otherwise securing such Senior Indebtedness; Debt or any liability of any obligor thereon, to such holder, or any liability incurred in respect thereof; (iii) release settle or compromise any Person liable such Senior Debt or any other liability of any obligor of such Senior Debt to such holder or any security therefor or any liability incurred in respect thereof and apply any sums by whomsoever paid and however realized to any liability (including, without limitation, payment of any Senior Debt) in any manner for the collection of Senior Indebtednessor order; and and (iv) release, terminate or otherwise cancel, or fail to take or to record or otherwise perfect, for any reason or for no reason, any lien or security interest securing such Senior Debt by whomsoever granted, exercise or delay in or refrain from exercising any rights right or remedy against the Company and/or any obligor or any guarantor or any other Person. (c) If the Trustee on behalf of the Holders , elect any remedy and otherwise deal freely with any obligor and any security for such Senior Debt or any Holders should fail to file a proof liability of claim in any bankruptcy, insolvency, receivership or similar proceeding relating obligor to the Company at least 30 days before the expiration holders of the time to file such claim or claims, each holder of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all Debt or any of the Holdersliability incurred in respect to such Senior Debt.

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 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 of Senior Indebtedness to comply with this Indenture. (b) . Without in any way limiting the generality of subsection (a) of this Sectionthe foregoing paragraph, the holders of the Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Thirteen or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: : (ia) change the manner, place or terms of payment or extend the time of or payment of, or renew or alter, the terms of Senior Indebtedness or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding (including any increase in the aggregate principal amount of any indebtedness thereunderoutstanding; provided, it being understood however, that any such additional indebtedness alteration shall not constitute (i) increase the amount of Senior Indebtedness to the extent Incurred outstanding in violation of Section 4.05 of a manner prohibited by this Indenture); Indenture or (ii) otherwise violate Section 1008 hereof; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; ; (iiic) release any Person liable in any manner for the collection of Senior Indebtedness; and and (ivd) exercise or refrain from exercising any rights against the Company and/or or any other Person. (c) If ; provided, however, that in no event shall any such actions limit the Trustee on behalf right of the Holders or to take any Holders should fail action to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to accelerate the Company at least 30 days before the expiration maturity of the time Securities in accordance with the provisions set forth in Section 502 or to file pursue any rights or remedies against the parties to this Indenture under this Indenture or under applicable laws if the taking of such claim or claims, each holder action does not otherwise violate the terms of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holdersthis Article Thirteen.

Subordination May Not Be Impaired by Company. (a) No right of any present or future holder of any Senior Indebtedness Debt to enforce the subordination of the Indebtedness evidenced by the Securities as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act by on the part of the Company or by its any act or failure to comply act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture. (b) , regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of subsection (a) of this Sectionthe foregoing paragraph, the holders of Senior Indebtedness Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior IndebtednessDebt, even if any right of reimbursement or subrogation or other right or remedy of any Holder is affected, impaired or extinguished thereby, do any one or more of the following: (i) change the manner, place or terms of payment or charge or extend the time of payment of, or renew renew, exchange, amend, increase or alter, the terms of any Senior Indebtedness Debt, any security or the terms therefor or guaranty thereof or any liability of any obligor thereon (including any guarantor) to such holder, or any liability incurred directly or indirectly in respect thereof or otherwise amend, renew, exchange, extend, modify, increase or supplement in any manner any Senior Debt or any instrument evidencing or guaranteeing or securing the same or any agreement under which Senior Indebtedness Debt is outstanding (including any increase in the aggregate principal amount of any indebtedness thereunder, it being understood that any such additional indebtedness shall not constitute Senior Indebtedness to the extent Incurred in violation of Section 4.05 of this Indenture)outstanding; (ii) sell, exchange, release release, surrender, realize upon, enforce or otherwise deal with in any manner and in any order any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt or any liability of any obligor thereon, to such holder, or any liability incurred directly or indirectly in respect thereof; (iii) release settle or compromise any Person liable Senior Debt or any other liability of any obligor of the Senior Debt to such holder or any security therefor or any liability incurred directly or indirectly in respect thereof and apply any sums by whomsoever paid and however realized to any liability (including without limitation, Senior Debt) in any manner for the collection of Senior Indebtednessor order; and (iv) fail to take or to record or otherwise perfect, for any reason or for no reason, any lien or security interest securing Senior Debt by whomsoever granted, exercise or delay in or refrain from exercising any rights right or remedy against the Company and/or any obligor or any guarantor or any other Person. (c) If person, elect any remedy and otherwise deal freely with any obligor and any security for the Trustee on behalf of the Holders Senior Debt or any Holders should fail liability of any obligor to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to the Company at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness (any liability incurred directly or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holdersindirectly in respect thereof.

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Indebtedness Obligations to enforce the subordination of the Indebtedness evidenced by the Securities Notes shall be impaired by any act or failure to act by the Company or by its failure to comply with this Indenture. (b) Without in any way limiting the generality of subsection (a) of this Section, the holders of Senior Indebtedness Obligations may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior IndebtednessObligations, 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 terms of Senior Indebtedness Obligations or the terms of any instrument evidencing the same or any agreement under which Senior Indebtedness is Obligations are outstanding (including any increase in the aggregate principal amount of any indebtedness thereunder, it being understood that any such additional indebtedness shall not constitute Senior Indebtedness Obligations to the extent Incurred in violation of Section 4.05 of this Indenture); (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessObligations; (iii) release any Person liable in any manner for the collection of Senior IndebtednessObligations; and (iv) exercise or refrain from exercising any rights against the Company and/or any other Person. (c) If the Trustee on behalf of the Holders or any Holders should fail to file a proof of claim in any bankruptcy, insolvency, receivership or similar proceeding relating to the Company at least 30 days before the expiration of the time to file such claim or claims, each holder of Senior Indebtedness Obligations (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all or any of the Holders.

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 Securities Subordinated 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. (b) Without in any way limiting the generality of subsection (a) of this SectionSection 10.10(a), the holders of any Senior Indebtedness may, Debt of the Company may at any time and from time to time, without the consent of or notice to the Trustee or the any Holders of the SecuritiesSenior Subordinated Notes, without incurring responsibility any liabilities to the Holders of the Securities any such Holder and without impairing or releasing the subordination and other benefits provided in this Article Indenture or the Holders' obligations hereunder of the Holders of the Securities to the holders of such Senior IndebtednessDebt (even if any Holder's right of reimbursement or subrogation or other right or remedy is affected, impaired or extinguished thereby, but subject to the proviso contained in the first sentence, and to the second sentence, of the definition of "Senior Debt,") do any one or more of the following: : (i) change amend, renew, exchange, extend, modify, increase or supplement in any manner such Senior Debt or any instrument evidencing or guaranteeing or securing such Senior Debt or any agreement under which such Senior Debt is outstanding (including, but not limited to, changing the manner, place or terms of payment or extend changing or extending the time of payment of, or renew renewing, exchanging, amending, increasing, releasing, terminating or alteraltering, (1) the terms of such Senior Indebtedness Debt, (2) any security for, or the terms any guarantee of, such Senior Debt, (3) any liability of any instrument evidencing the same or any agreement under which obligor on such Senior Indebtedness is outstanding Debt (including any increase guarantor) or any liability incurred in the aggregate principal amount respect of any indebtedness thereunder, it being understood that any such additional indebtedness shall not constitute Senior Indebtedness to the extent Incurred in violation of Section 4.05 of this IndentureDebt); ; (ii) sell, exchange, release release, surrender, realize upon, enforce or otherwise deal with in any manner and in any order any property pledged, mortgaged or otherwise securing such Senior Indebtedness; Debt or any liability of any obligor thereon, to such holder, or any liability incurred in respect thereof; (iii) release settle or compromise any Person liable such Senior Debt or any other liability of any obligor of such Senior Debt to such holder or any security therefor or any liability incurred in respect thereof and apply any sums by whomsoever paid and however realized to any liability (including, without limitation, payment of any Senior Debt) in any manner for the collection of Senior Indebtednessor order; and and (iv) release, terminate or otherwise cancel, or fail to take or to record or otherwise perfect, for any reason or for no reason, any lien or security interest securing such Senior Debt by whomsoever granted; (v) exercise or delay in or refrain from exercising any rights right or remedy against the Company and/or any obligor or any guarantor or any other Person. ; and (cvi) If the Trustee on behalf of the Holders elect any remedy and otherwise deal freely with any obligor and any security for such Senior Debt or any Holders should fail to file a proof liability of claim in any bankruptcy, insolvency, receivership or similar proceeding relating obligor to the Company at least 30 days before the expiration holders of the time to file such claim or claims, each holder of Senior Indebtedness (or its representative) is hereby authorized to file an appropriate claim for and on behalf of all Debt or any of the Holdersliability incurred in respect to such Senior Debt.