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 Indebtedness of the Company 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Securityholders, without incurring responsibility to the Trustee or the Securityholders and without impairing or releasing the subordination provided in this Article 10 or the obligations hereunder of the Trustee and the Securityholders to the holders of such Senior Indebtedness, do any one or more of the following: (1) change the manner, place, terms or time of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (2) sell, exchange, impair, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (3) release any Person liable in any manner for the collection or payment of such Senior Indebtedness; and (4) exercise or refrain from exercising any rights against the Company or any other Person.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of the Company Debt to enforce the subordination of the Indebtedness evidenced by the Securities shall Notes will 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the SecurityholdersTrustee, without incurring responsibility to the Trustee or the Securityholders Holders of the Notes and without impairing or releasing the subordination provided in provisions of this Article 10 13 or the obligations hereunder under this Indenture of the Trustee and Holders of the Securityholders Notes to the holders of such the Senior IndebtednessDebt, do any one or more of the following: (1i) change the manner, place, place or terms or time of payment or extend the time of payment of, or renew or alter, such the Senior Indebtedness Debt, or otherwise amend or supplement in any manner, Senior Debt, or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt is outstanding; (2ii) subject to the Priority Lien Intercreditor Agreement, sell, exchange, impair, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt; (3iii) release any Person liable in any manner for the payment or collection or payment of such Senior IndebtednessDebt; and (4iv) exercise or refrain from exercising any rights against the Company or and any other Person.

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 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 its 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. (b) Without in any way limiting the generality of the foregoing paragraphSection 10.09(a), the holders of 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 SecurityholdersTrustee, without incurring responsibility to the Trustee or the Securityholders Holders of the Notes and without impairing or releasing the subordination provided in this Article 10 or the obligations hereunder of the Trustee and Holders of the Securityholders Notes to the holders of such the Senior IndebtednessDebt of the Company, do any one or more of the following: (1i) change the manner, place, place or terms or time of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company, or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt of the Company is outstanding; (2ii) sell, exchange, impair, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt of the Company; (3iii) release any Person liable in any manner for the payment or collection or payment of such Senior IndebtednessDebt of the Company; and (4iv) exercise or refrain from exercising any rights against the Company or and any other Person.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt of the Company to enforce the subordination of the Indebtedness evidenced by the Securities Notes as provided herein shall at any time in any way be prejudiced or 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 Exchange Indenture, regardless of any knowledge thereof which any such Holder may have otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of 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 SecurityholdersTrustee, without incurring responsibility to the Trustee or the Securityholders Holders of the Notes and without impairing or releasing the subordination provided in this Article 10 or the obligations hereunder of the Trustee and Holders of the Securityholders Notes to the holders of such the Senior IndebtednessDebt of the Company, do any one or more of the following: (1i) change the manner, place, place or terms or time of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company, or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt of the Company is outstanding; (2ii) sell, exchange, impair, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt of the Company; (3iii) release any Person liable in any manner for the payment or collection or payment of such Senior IndebtednessDebt of the Company; and (4iv) exercise or refrain from exercising any rights against the Company or and any other Person.

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 Securities Notes shall be impaired by any act or failure to act by the Company or by its any act or failure to act, in good faith, by any such holder or by the failure of the Company to comply with this IndentureIndenture regardless of any knowledge thereof which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the SecurityholdersTrustee, without incurring responsibility to the Trustee or the Securityholders Holders of the Notes and without impairing or releasing the subordination provided in this Article 10 X or the obligations hereunder of the Trustee and Holders of the Securityholders Notes to the holders of such the Senior Indebtedness, do any one or more of the following: (1i) change the manner, place, place or terms or time of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness Indebtedness, or otherwise amend or supplement in any manner Senior Indebtedness, or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (2ii) sell, exchange, impair, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (3iii) release any Person liable in any manner for the payment or collection or payment of such Senior Indebtedness; and (4iv) exercise or refrain from exercising any rights against the Company or and any other Person.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of the Company 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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the SecurityholdersTrustee, without incurring responsibility to the Trustee or the Securityholders Holders of the Notes and without impairing or releasing the subordination provided in this Article 10 or the obligations hereunder of the Trustee and Holders of the Securityholders Notes to the holders of such the Senior IndebtednessDebt, do any one or more of the following: (1i) change the manner, place, place or terms or time of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness Debt, or otherwise amend or supplement in any manner, Senior Debt, or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt is outstanding; (2ii) sell, exchange, impair, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt; (3iii) release any Person liable in any manner for the payment or collection or payment of such Senior IndebtednessDebt; and (4iv) exercise or refrain from exercising any rights against the Company or and any other Person.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of the Company Debt to enforce the subordination of the Indebtedness evidenced by the Securities Note shall be impaired by any act or failure to act by the Company the holder of the Note or by its the failure of the Company the holder of the Note to comply with this IndentureAgreement. 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 Senior Debt or such liens and security interests are avoided, disallowed, subordinated, set aside or otherwise invalidated in any judicial proceeding or otherwise, regardless of the theory upon which such action is premised. Without in any way limiting the generality of the foregoing paragraphthis Section 4.10, the holders of Senior Indebtedness of the Company Debt may, at any time and from time to time, without the consent of or notice to the Trustee or holder of the SecurityholdersNote, without incurring responsibility to the Trustee or holder of the Securityholders Note and without impairing or releasing the subordination provided in this Article 10 Section 4 or the obligations hereunder of the Trustee and holder of the Securityholders Note to the holders of such Senior IndebtednessDebt, do any one or more of the following: (1a) change the manner, place, place or terms or time of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness Debt, the New Credit Facility or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt is outstanding; outstanding or secured: (2b) sell, exchange, impairrelease, release foreclose against or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt; (3c) release any Person liable in any manner for the collection or payment of such Senior IndebtednessDebt; and (4d) exercise or refrain from exercising any rights against the Company Company, any Subsidiary thereof or any other Person.

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Indebtedness of the Company Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Securities shall Notes may 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. Without in any way limiting . (b) Subject to the generality other provisions of the foregoing paragraphthis Indenture, the holders of the Senior Indebtedness of the Company Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the SecurityholdersHolders, without incurring responsibility to the Trustee or the Securityholders Holders, and without impairing or releasing the subordination provided provisions set forth in this Article 10 10, or the obligations hereunder of the Trustee and the Securityholders Holders to the holders of such the Senior IndebtednessDebt, do any one or more of the following: : (1) change in the manner, place, or terms or time of payment payment, or extend the time of payment of, or renew or alter, such Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which such the Senior Indebtedness Debt is outstanding; outstanding or secured; (2) sell, exchange, impairrelease, release or otherwise deal with any property pledged, mortgaged mortgaged, or otherwise securing such the Senior Indebtedness; Debt; (3) release any Person liable in any manner for the collection or payment of such Senior IndebtednessDebt; and and (4) exercise or refrain from exercising any rights against the Company Company, any Guarantor or any other Person; provided, however, that this Section 10.09(b) shall not in any way permit the Company or any Guarantor to take any action otherwise prohibited by this Indenture.