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

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

Appears in 15 contracts

Samples: Indenture (Moog Inc), Indenture (Salant Corp), Indenture (Hexacomb CORP)

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

Appears in 13 contracts

Samples: Indenture (LBM Holdings, LLC), Indenture (VWR Funding, Inc.), Indenture (Graphic Packaging Corp)

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

Appears in 12 contracts

Samples: Indenture (TransDigm Group INC), Indenture (TransDigm Group INC), Indenture (TransDigm Group INC)

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

Appears in 9 contracts

Samples: First Supplemental Indenture (Quicksilver Resources Inc), Indenture (Thornburg Mortgage Inc), First Supplemental Indenture (Quicksilver Resources Inc)

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

Appears in 8 contracts

Samples: Indenture (FedNat Holding Co), Indenture (FEDNAT HOLDING Co), Indenture (Tampa DC, LLC)

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

Appears in 3 contracts

Samples: Subordinated Indenture (Jones Energy, Inc.), Subordinated Indenture (Jones Energy Holdings, LLC), Subordinated Indenture (Western Wisconsin Sand Company, LLC)

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

Appears in 3 contracts

Samples: Indenture (Del Webb Corp), Indenture (Del Webb Corp), Indenture (Del Webb Corp)

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

Appears in 3 contracts

Samples: Indenture (Petsmart Inc), Indenture (Interface Inc), Indenture (Hard Rock Hotel Inc)

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

Appears in 3 contracts

Samples: Supplemental Indenture (M I Homes Inc), Supplemental Indenture (M I Homes Inc), First Supplemental Indenture (Berry Petroleum Co)

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

Appears in 3 contracts

Samples: Subordinated Indenture (Pardril Inc), Subordinated Indenture (AMI 2, Inc.), Subordinated Indenture (Quail Usa LLC)

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

Appears in 2 contracts

Samples: Indenture (Ap Holdings Inc), Indenture (Apcoa Standard Parking Inc /De/)

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

Appears in 2 contracts

Samples: Securities Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al), Senior Subordinated Note and Warrant Purchase Agreement (Phoenix Racing Inc)

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

Appears in 2 contracts

Samples: Indenture (Key Production Co Inc), Indenture (Key Production Co Inc)

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

Appears in 2 contracts

Samples: Indenture (Thoratec Corp), Indenture (Open Solutions Inc)

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

Appears in 2 contracts

Samples: Indenture (Platinum Group Metals LTD), Indenture

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

Appears in 1 contract

Samples: Manufacture and Supply Agreement (Endo Pharmaceuticals Holdings Inc)

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

Appears in 1 contract

Samples: Indenture (Maxcom Telecommunications Inc)

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

Appears in 1 contract

Samples: Investment Agreement (NewStar Financial, Inc.)

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

Appears in 1 contract

Samples: First Supplemental Indenture (DCP Midstream Partners, LP)

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

Appears in 1 contract

Samples: First Supplemental Indenture (Cardtronics Inc)

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

Appears in 1 contract

Samples: Indenture (Colliers International Group Inc.)

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

Appears in 1 contract

Samples: Note Purchase Agreement (Wmi Holdings Corp.)

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

Appears in 1 contract

Samples: Indenture (Global Broadcasting Systems Inc/Fa)

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

Appears in 1 contract

Samples: Subordinated Indenture (Nicewonder Contracting, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Interpublic Group of Companies, Inc.)

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

Appears in 1 contract

Samples: Indenture (Steelcase Inc)

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

Appears in 1 contract

Samples: Indenture (Healthsouth Corp)

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

Appears in 1 contract

Samples: Contribution and Equity Interest Purchase Agreement (Conagra Foods Inc /De/)

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

Appears in 1 contract

Samples: Note Purchase Agreement (Alpharma Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Chattem Inc)

Subordination May Not Be Impaired by the Company. No right of any present or future holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder anyone in custody of its assets or property or by the its failure of the Company or any Holder to comply with this Indenture. SECTION 1009.

Appears in 1 contract

Samples: Indenture (Aztar Corp)

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

Appears in 1 contract

Samples: Indenture (NSM Steel Co LTD)

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

Appears in 1 contract

Samples: Mezzanine Indenture (Waterford Wedgwood PLC)

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

Appears in 1 contract

Samples: Note, Warrant and Preferred Stock Purchase Agreement (Mce Companies Inc)

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

Appears in 1 contract

Samples: Indenture (Schuler Homes Inc)

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

Appears in 1 contract

Samples: Indenture (Wiser Marketing Co)

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

Appears in 1 contract

Samples: Indenture (Triumph Group Inc /)

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