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 present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act by any such holder, or by any non- compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. (b) Without limiting the generality of subsection (a) of this Section 10.09, 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 Notes, without incurring responsibility to the Holders of the Notes and without impairing or releasing the subordination provided in this Article 10 or the obligations hereunder of the Holders of the Notes to the holders of Senior Indebtedness, do any one or more of the following: (1) change the manner, place, terms or time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (3) release any Person liable in any manner for the collection or payment of Senior Indebtedness; and (4) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired by Company. (a) No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act by any such holder, or by any non- non-compliance by the Company with the terms, provisions and covenants of this IndentureNote, regardless of any knowledge thereof any such holder may have or be otherwise charged with. (b) Without limiting the generality of subsection (a) of this Section 10.0910.8, 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 Holder of the Notesthis Note, without incurring responsibility to the Holders Holder of the Notes this Note and without impairing or releasing the subordination provided in this Article Section 10 or the obligations hereunder of the Holders Holder of the Notes this Note to the holders of Senior Indebtedness, do any one or more of the following: (1) change the manner, place, terms or time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (3) release any Person liable in any manner for the collection or payment of Senior Indebtedness; and (4) exercise or refrain from exercising any rights against the Company and any other Person.

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 as herein provided of the Indebtedness evidenced by the Note shall at any time in any way be prejudiced or impaired by any act or failure to act by the Company the holder of the Note or by the failure of the Company the holder of the Note to comply with this Agreement. The holder of the Note agrees that it will not challenge the validity, enforceability or perfection of any Senior Debt or the liens, guarantees and security interests securing the same and that as between the holders of the Senior Debt on the one hand and the holder of the Note on the other, the terms hereof shall govern even if all or part of the Company Senior Debt or by such liens and security interests are avoided, disallowed, subordinated, set aside or otherwise invalidated in any act judicial proceeding or failure to act by any such holder, or by any non- compliance by the Company with the terms, provisions and covenants of this Indentureotherwise, regardless of the theory upon which such action is premised. Without in any knowledge thereof any such holder may have or be otherwise charged with. (b) Without way limiting the generality of subsection (a) of this Section 10.094.10, 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 holder of the NotesNote, without incurring responsibility to the Holders holder of the Notes Note and without impairing or releasing the subordination provided in this Article 10 Section 4 or the obligations hereunder of the Holders holder of the Notes Note to the holders of Senior IndebtednessDebt, do any one or more of the following: (1a) change the manner, place, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Debt, the New Credit Facility or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding; outstanding or secured: (2b) sell, exchange, release release, foreclose against or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (3c) release any Person liable in any manner for the collection or payment of Senior IndebtednessDebt; and (4d) exercise or refrain from exercising any rights against the Company and Company, any Subsidiary thereof or any other Person.

Subordination May Not Be Impaired by Company. (a) No right of any present or future holder of any Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act by any such holder, or by any non- non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. (b) Without limiting the generality of subsection (a) of this Section 10.0910.10, 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 Notes, without incurring responsibility to the Holders of the Notes and without impairing or releasing the subordination provided in this Article 10 or the obligations hereunder of the Holders of the Notes to the holders of Senior IndebtednessDebt, do any one or more of the following: (1) change the manner, place, terms or time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (3) release any Person liable in any manner for the collection or payment of Senior IndebtednessDebt; and (4) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired by Company. (a) No right of any present or future holder of any Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act by any such holder, or by any non- compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. (b) Without limiting the generality of subsection (a) of this Section 10.09, 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 Notes, without incurring responsibility to the Holders of the Notes and without impairing or releasing the subordination provided in this Article 10 or the obligations hereunder of the Holders of the Notes to the holders of Senior IndebtednessDebt, do any one or more of the following: (1) change the manner, place, terms or time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (3) release any Person liable in any manner for the collection or payment of Senior IndebtednessDebt; and (4) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired by Company. (a) No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act by any such holder, or by any non- non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. (b) Without limiting the generality of subsection (a) of this Section 10.0911.08, 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 Notes, without incurring responsibility to the Holders of the Notes and without impairing or releasing the subordination provided in this Article 10 XI or the obligations hereunder of the Holders of the Notes to the holders of Senior Indebtedness, do any one or more of the following: (1) change the manner, place, terms or time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (3) release any Person liable in any manner for the collection or payment of Senior Indebtedness; and (4) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired by Company. (a) No right of any present or future holder of any Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act by any such holder, or by any non- non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. (b) Without limiting the generality of subsection (a) of this Section 10.09, 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 Notes, without incurring responsibility to the Holders of the Notes and without impairing or releasing the subordination provided in this Article 10 or the obligations hereunder of the Holders of the Notes to the holders of Senior IndebtednessDebt, do any one or more of the following: (1) change the manner, place, terms or time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (3) release any Person liable in any manner for the collection or payment of Senior IndebtednessDebt; and (4) exercise or refrain from exercising any rights against the Company and any other Person.