Common use of Subordination May Not Be Impaired Clause in Contracts

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders of the Debentures, without incurring responsibility to the holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 57 contracts

Samples: Indenture (Capitol Trust Xv), Indenture (First Financial Capital Trust II), Indenture (Great Southern Capital Trust IV)

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Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.. Signatures appear on the following page

Appears in 44 contracts

Samples: Indenture (James River Group, INC), Indenture (Usb Holding Co Inc), Indenture (Ecb Bancorp Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company Credit Union 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 Credit Union, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Credit Union, as the case may be, with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company Credit Union may, at any time and from time to time, without the consent of or notice to the Trustee or the holders Holders of the DebenturesSenior Subordinated Securities, without incurring responsibility to the holders Holders of the Debentures Senior Subordinated Securities and without impairing or releasing the subordination provided in this Article XVI VII or the obligations hereunder of the holders Holders of the Debentures Senior Subordinated Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Credit Union, as the case may be, and any other Person.person. of:

Appears in 28 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 16 contracts

Samples: Indenture (Ucbh Trust Co), Indenture (First Keystone Financial Inc), Indenture (Argo Capital Trust Co)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company Corporation 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 Corporation, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Corporation, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company Corporation may, at any time and from time to time, without the consent of or notice to the Debenture Trustee or the holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation, as the case may be, and any other Person.

Appears in 15 contracts

Samples: Indenture (Westbank Capital Trust I), Indenture (CNBF Capital Trust I), Indenture (Hamilton Capital Trust I)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 13 contracts

Samples: Indenture (Hubco Inc), Indenture (Agl Capital Trust Ii), Indenture (United National Bancorp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders of the Debentures, without incurring responsibility to the holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 13 contracts

Samples: Indenture (First Busey Statutory Trust V), Indenture (S Y Bancorp Inc), Indenture (S.Y. Bancorp Capital Trust II)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders Holders of the DebenturesSenior Notes, without incurring responsibility to the holders Holders of the Debentures Senior Notes and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders Holders of the Debentures Senior Notes to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.;

Appears in 11 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) Without in any way limiting the generality of the foregoing paragraphSection 16.8(a), 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 holders of the Debentures, without incurring responsibility to the holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 8 contracts

Samples: Indenture (1st Source Corp), Indenture (Lakeland Capital Trust), Indenture (Matrix Bancorp Capital Trust I)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company Corporation 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 Corporation or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Corporation with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company Corporation may, at any time and from time to time, without the consent of or notice to the Trustee or the holders of the Debentures, without incurring responsibility to the holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.

Appears in 8 contracts

Samples: Indenture (Crescent Capital Trust I), Indenture (Metropolitan Capital Trust I), Indenture (Apab Capital Trust I)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 7 contracts

Samples: Indenture (Vesta Insurance Group Inc), Indenture (Amcore Capital Trust I), Indenture (Berkley W R Capital Trust)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.. SIGNATURES APPEAR ON THE FOLLOWING PAGE

Appears in 7 contracts

Samples: Indenture (Tower Group, Inc.), Indenture (Carver Bancorp Inc), Indenture (Donegal Group Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders of the DebenturesHolders, without incurring responsibility to the holders of the Debentures Holders and without impairing or releasing the subordination provided in this Article XVI article or the obligations hereunder of the holders of the Debentures Holders to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising or waive any rights against the Company and any other Person. (c) Each present and future holder of Senior Indebtedness shall be entitled to the benefit of the provisions of this article notwithstanding that such holder is not a party to this Indenture.

Appears in 7 contracts

Samples: Indenture (Xl Group PLC), Indenture (XL Group Ltd.), Indenture (Xl Group PLC)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness with respect to the Securities of the Company any series may, at any time and from time to time, without the consent of or notice to the Trustee or the holders Holders of the DebenturesSecurities of such series, without incurring responsibility to the holders of the Debentures such Holders and without impairing or releasing the subordination provided in this Article XVI 16 or the obligations hereunder of the holders Holders of the Debentures Securities of such series to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 6 contracts

Samples: Junior Subordinated Indenture (Partnerre LTD), Junior Subordinated Indenture (Partnerre LTD), Indenture (Cit Group Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders Holders of the DebenturesSenior Securities, without incurring responsibility to the holders Holders of the Debentures Senior Securities and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders Holders of the Debentures Senior Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Personperson.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Live Oak Bancshares, Inc.), Securities Purchase Agreement (Live Oak Bancshares, Inc.), Securities Purchase Agreement

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holderholder of Securities, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurities, without incurring responsibility to the holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI XIV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and or (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 6 contracts

Samples: Junior Subordinated Indenture (Equitable Holdings, Inc.), Subordinated Indenture (Equitable Holdings, Inc.), Subordinated Indenture (AXA Equitable Holdings, Inc.)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) Without in any way limiting the generality of the foregoing paragraphSection 16.8(a), 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 holders of the Debentures, without incurring responsibility to the holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 5 contracts

Samples: Indenture (First America Capital Trust), Indenture (Indiana United Bancorp), Indenture (Intrust Capital Trust)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company mayCompany, at any time and from time to time, without the consent of or notice to the Trustee or the holders Holders of the DebenturesNotes, without incurring responsibility to the holders Holders of the Debentures Notes and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders Holders of the Debentures Notes to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.

Appears in 5 contracts

Samples: Supplemental Indenture (Household Capital Trust Vi), Supplemental Indenture (Household International Inc), Supplemental Indenture (Household International Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.

Appears in 5 contracts

Samples: Indenture (Tib Financial Corp.), Indenture (ACA Capital Holdings Inc), Indenture (Bankatlantic Bancorp Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesSecurities, without incurring responsibility to the holders Holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI Fourteen or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 4 contracts

Samples: Indenture (Commercial Credit Co), Indenture (Citigroup Capital XIV), Indenture (Citigroup Capital Xii)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holderholder of Securities, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurities, without incurring responsibility to the holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.. [Signatures begin on the following page]

Appears in 4 contracts

Samples: Indenture (Singing Machine Co Inc), Indenture (Tanzanian Gold Corp), Indenture (DPW Holdings, Inc.)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of the Indenture or this First Supplemental Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesNotes, without incurring responsibility to the holders Holders of the Debentures Notes and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders Holders of the Debentures Notes to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 4 contracts

Samples: First Supplemental Indenture (Tci Communications Financing Iv), First Supplemental Indenture (Xl Capital LTD), First Supplemental Indenture (Tci Communications Financing Iv)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.. signatures appear on the following page

Appears in 4 contracts

Samples: Indenture (Bnccorp Inc), Indenture (Eurobancshares Inc), Indenture (Usb Holding Co Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that which any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesSecurities, without incurring responsibility to the holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI XII or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such Senior IndebtednessDebt, 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, such Senior IndebtednessDebt, or otherwise amend or supplement in any manner such Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt; (iii) release any Person liable in any manner for the collection of such Senior IndebtednessDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 4 contracts

Samples: Indenture (Hanover Compressor Capital Trust), Indenture (Chemed Corp), Indenture (Chemed Capital Trust)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesSecurities, without incurring responsibility to the holders Holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI XIV or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 4 contracts

Samples: Securities Purchase and Exchange Agreement, Indenture (CGMH Capital Iv), Junior Subordinated Debt Securities Indenture (Travelers Property Casualty Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI Fifteen or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 4 contracts

Samples: Indenture (Bank of Boston Corp), Indenture (Webster Financial Corp), Indenture (Community Bank System Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company or the Guarantor 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 the Guarantor, as the case may be, or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Company or the Guarantor, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company or the Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee or the holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company or the Guarantor, as the case may be, and any other Person. This instrument maybe executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 4 contracts

Samples: Indenture (Countrywide Financial Corp), Indenture (Municipal Mortgage & Equity LLC), Indenture (Countrywide Home Loans Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders Holders of the DebenturesSenior Notes, without incurring responsibility to the holders Holders of the Debentures Senior Notes and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders Holders of the Debentures Senior Notes to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.outstanding;β€Œ

Appears in 4 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement

Subordination May Not Be Impaired. (a) No right of any present or future holder Holder of any Senior Indebtedness of the Company 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 any Guarantor, or by any act or failure to act, in good faith, by any such holderHolder, or by any noncompliance by the Company any Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder Holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders Holders of Senior Indebtedness of with respect to the Company Guaranteed Notes may, at any time and from time to time, without the consent of or notice to the Trustee or the holders Holders of the DebenturesGuaranteed Notes, without incurring responsibility to the holders of the Debentures such Holders and without impairing or releasing the subordination provided in this Article XVI Seventeen or the obligations hereunder of the holders Holders of the Debentures Guaranteed Notes to the holders Holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Guarantors and any other Person.

Appears in 4 contracts

Samples: Supplemental Indenture (Cit Group Inc), Supplemental Indenture (Cit Group Inc), Supplemental Indenture (Cit Group Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Company Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Company Senior Indebtedness with respect to the Securities of the Company any series may, at any time and from time to time, without the consent of or notice to the Trustee or the holders Holders of the DebenturesSecurities of such series, without incurring responsibility to the holders of the Debentures such Holders and without impairing or releasing the subordination provided in this Article XVI 16 or the obligations hereunder of the holders Holders of the Debentures Securities of such series to the holders of such Company 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, such Company Senior Indebtedness, or otherwise amend or supplement in any manner such Company Senior Indebtedness or any instrument evidencing the same or any agreement under which such Company Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Company Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Company Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 4 contracts

Samples: Indenture (Assured Guaranty US Holdings Inc.), Indenture (Assured Guaranty LTD), Indenture (Trenwick America Capital Trust Iii)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this the Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the Subordinated Debentures, without incurring responsibility to the holders of the Subordinated Debentures and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders of the Subordinated Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 4 contracts

Samples: Second Supplemental Indenture (TDS Capital Ii), Indenture (Kansas City Power & Light Co), Supplemental Indenture (KCPL Financing Iii)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company or the Guarantor 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 the Guarantor, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company or the Guarantor, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company or the Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee or the holders of the DebenturesNotes, without incurring responsibility to the holders of the Debentures Notes and without impairing or releasing the subordination provided in this Article XVI Six or the obligations hereunder of the holders of the Debentures Notes to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company or the Guarantor, as the case may be, and any other Person.

Appears in 4 contracts

Samples: Supplemental Indenture (Mediaone Finance Trust Vi), Second Supplemental Indenture (Mediaone Finance Trust Ii), First Supplemental Indenture (Mediaone Finance Trust Ii)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders of the Debentures, without incurring responsibility to the holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.. * * * * *

Appears in 3 contracts

Samples: Indenture (Republic Bancorp Inc), Indenture (S Y Bancorp Capital Trust I), Indenture (Great Southern Bancorp Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Debt Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person. The Chase Manhattan Bank hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions herein above set forth.

Appears in 3 contracts

Samples: Indenture (Mercantile Capital Trust I), Indenture (Marshall & Ilsley Corp/Wi/), Indenture (Leucadia Capital Trust I)

Subordination May Not Be Impaired. (a) No right of any present or --------------------------------- future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.. Signatures appear on the following page

Appears in 3 contracts

Samples: Indenture (New South Bancshares Inc), Indenture (Florida Banks Inc), Indenture (Intervest Bancshares Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XII or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 3 contracts

Samples: Junior Subordinated Indenture (Spinnaker Exploration Co), Junior Subordinated Indenture (Dynegy Capital Trust Iii), Junior Subordinated Indenture (Continental Airlines Finance Trust Iii)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that which any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesHolders, without incurring responsibility to the holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI Twelve or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 3 contracts

Samples: Indenture (Inacom Corp), Indenture (Vanstar Financing Trust), Indenture (Suiza Foods Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company to enforce subordination as herein provided shall be 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XIII or the obligations hereunder of the holders of the Debentures Debt Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 3 contracts

Samples: Indenture (WPSR Capital Trust I), Indenture (Arvin Capital I), Indenture (WPSR Capital Trust I)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness and Subordinated Debt of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness and Subordinated 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 Holders of the Junior Subordinated Debentures, without incurring responsibility to the holders Holders of the Junior Subordinated Debentures and without impairing or releasing the subordination provided in this Article XVI Sixteen or the obligations hereunder of the holders Holders of the Junior Subordinated Debentures to the holders of such Senior Indebtednessand Subordinated Debt, 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, such Senior Indebtednessand Subordinated Debt, or otherwise amend or supplement in any manner such Senior Indebtedness and Subordinated Debt or any instrument evidencing the same or any agreement under which such Senior Indebtedness and Subordinated Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtednessand Subordinated Debt; (iii) release any Person liable in any manner for the collection of such Senior Indebtednessand Subordinated Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 3 contracts

Samples: Subordinated Indenture (Community First Bankshares Inc), Subordinated Indenture (Community First Bankshares Inc), Subordinated Indenture (Community First Bankshares Inc)

Subordination May Not Be Impaired. (a) No right of any present or --------------------------------- future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.. signatures appear on the following page

Appears in 3 contracts

Samples: Indenture (Florida Banks Inc), Indenture (Alabama National Bancorporation), Indenture (Intervest Bancshares Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of the Indenture or this Third Supplemental Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesNotes, without incurring responsibility to the holders Holders of the Debentures Notes and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders Holders of the Debentures Notes to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 3 contracts

Samples: Third Supplemental Indenture (Coastal Corp), Third Supplemental Indenture (Tci Communications Inc), Third Supplemental Indenture (Tci Communications Financing Vi)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesSecurities, without incurring responsibility to the holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI Twelve or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.. 56

Appears in 3 contracts

Samples: Indenture (Fleetwood Enterprises Inc/De/), Indenture (Fleetwood Capital Trust Iii), Indenture (Fleetwood Enterprises Inc/De/)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders Holders of the DebenturesCDCI Senior Subordinated Securities, without incurring responsibility to the holders Holders of the Debentures CDCI Senior Subordinated Securities and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders Holders of the Debentures CDCI Senior Subordinated Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.;

Appears in 3 contracts

Samples: Exchange Agreement, Exchange Agreement, Exchange Agreement

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders of the Debentures, without incurring responsibility to the holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.. [SIGNATURE PAGE FOLLOWS]

Appears in 3 contracts

Samples: Indenture (Front Range Capital Trust I), Indenture (Front Range Capital Trust I), Indenture (United Bancorporation of Alabama Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 Debt Trustee or the holders Holders of the DebenturesDebt Securities of any series, without incurring responsibility to the holders of the Debentures such Holders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures such Holders to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 3 contracts

Samples: Indenture (Suntrust Capital Iv), Indenture (Suntrust Capital Ii), Indenture (Suntrust Banks Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person. Bankers Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 3 contracts

Samples: Indenture (Sterling Bancshares Capital Trust Ii), Indenture (Sterling Bancshares Capital Trust Ii), Indenture (Sterling Bancshares Inc)

Subordination May Not Be Impaired. (a) No right rights of any present or future holder of any Senior Indebtedness of the Company 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 Trustee or any Holder of the Securities then Outstanding, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company any such holder with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that which any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesSecurities, without incurring responsibility to the holders Holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 3 contracts

Samples: Subordinated Indenture (Cadiz Inc), Subordinated Indenture (Capital Markets Co), Subordinated Indenture (Cadiz Inc)

Subordination May Not Be Impaired. (a) No right of any ------------------------------------- present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.. Signatures appear on the following page

Appears in 3 contracts

Samples: Indenture (Intervest Bancshares Corp), Indenture (First Banks, Inc), Indenture (Intervest Bancshares Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holderholder of Securities, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurities, without incurring responsibility to the holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI Fifteen or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. But all such counterparts shall together constitute but one and the same instrument.

Appears in 3 contracts

Samples: Indenture (Metlife Inc), Indenture (Metlife Inc), Indenture (Metlife Capital Trust Iii)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders Holders of the DebenturesSenior Subordinated Securities, without incurring responsibility to the holders Holders of the Debentures Senior Subordinated Securities and without impairing or releasing the subordination provided in this Article XVI VII or the obligations hereunder of the holders Holders of the Debentures Senior Subordinated Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Personperson.

Appears in 3 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement, Securities Purchase Agreement

Subordination May Not Be Impaired. (a) No right of any ----------------------------------- present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.. Signatures appear on the following page

Appears in 3 contracts

Samples: Indenture (First Banks, Inc), Indenture (First Banks, Inc), Indenture (Parke Bancorp, Inc.)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.. 82 92

Appears in 2 contracts

Samples: Indenture (Firstar Capital Trust I), Indenture (Firstar Corp /Wi/)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness with respect to the Securities of the Company any series may, at any time and from time to time, without the consent of or notice to the Trustee or the holders Holders of the DebenturesSecurities of such series, without incurring responsibility to the holders of the Debentures such Holders and without impairing or releasing the subordination provided in this Article XVI ARTICLE 13 or the obligations hereunder of the holders Holders of the Debentures Securities of such series to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Subordinated Indenture (Aspen Insurance Holdings LTD), Subordinated Indenture (MRH Capital Trust I)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this IndentureSecurityholders Agreement, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders of the Debentures Debt Securities to the holders of such Senior Indebtedness, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iiic) release any Person liable in any manner for the collection of such Senior Indebtedness; and (ivd) exercise or refrain from exercising any rights against the Company Company, and any other Person.

Appears in 2 contracts

Samples: Securityholders Agreement (Uwharrie Capital Corp), Securityholders Agreement (Uwharrie Capital Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.Senior

Appears in 2 contracts

Samples: Indenture (Onbancorp Inc), Indenture (M&t Bank Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior and Subordinated Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior and Subordinated Indebtedness 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 DebenturesSecurityholders, without incurring responsibility responsibil ity to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such Senior and Subordinated 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, such Senior and Subordinated Indebtedness, or otherwise amend or supplement in any manner such Senior and Subordinated Indebtedness or any instrument evidencing the same or any agreement under which such Senior and Subordinated Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior and Subordinated Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior and Subordinated Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 2 contracts

Samples: Indenture (Independent Capital Trust Ii), Indenture (East West Bancorp Capital Trust I)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders of the Debentures, without incurring responsibility to the holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI XVII or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Southside Capital Trust Ii), Indenture (American Bank Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that which any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesSecurities, without incurring responsibility to the holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI Twelve or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Walbro Corp), Indenture (Calenergy Capital Trust Iii)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesHolders, without incurring responsibility to the holders of the Debentures Holders and without impairing or releasing the subordination provided in this Article XVI Eleven or the obligations hereunder of the holders of the Debentures Holders to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii3) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv4) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 2 contracts

Samples: Indenture (Berkshire Hathaway Energy Co), Indenture (Midamerican Energy Holdings Co /New/)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that which any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the Convertible Debentures, without incurring responsibility to the holders of the Convertible Debentures and without impairing or releasing the subordination provided in this Article XVI Twelve or the obligations hereunder of the holders Holders of the Convertible Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders of the any series of Debentures, without incurring responsibility to the holders of the any series of Debentures and without impairing or releasing the subordination provided in this Article XVI XIII or the obligations hereunder of the holders of the any series of Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person. [Signatures on next page.]

Appears in 2 contracts

Samples: Indenture (First Merchants Corp), Indenture (First Merchants Corp)

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Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company to enforce subordination as herein provided shall be 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesHolders, without incurring responsibility to the holders of the Debentures Holders and without impairing or releasing the subordination provided in this Article XVI XIV or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (WPS Resources Corp), Indenture (WPS Resources Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that which any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesSecurities, without incurring responsibility to the holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI XII or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Hearst Argyle Television Inc), Indenture (Dt Industries Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesSecurities, without incurring responsibility to the holders Holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI XIII or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person. * * * * This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Appears in 2 contracts

Samples: Indenture (Wachovia Capital Trust Viii), Junior Subordinated Indenture (Wachovia Capital Trust Iv)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company or the Guarantor 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 the Guarantor, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company or the Guarantor, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company or the Guarantor may, at any time and from time to time, without the consent of or notice to the Trustee or the holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI Fifteen or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company or the Guarantor, as the case may be, and any other Person. Xxx Xxxx xx Xxx Xxxx hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 2 contracts

Samples: Indenture (Countrywide Capital Ii), Indenture (Countrywide Capital Ii)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company to enforce subordination as herein provided in this Article XIII 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders of the DebenturesHolders, without incurring responsibility to the holders of the Debentures Holders and without impairing or releasing the subordination provided in this Article XVI XIII or the obligations hereunder of the holders of the Debentures Holders to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising or waive any rights against the Company and any other Person. (c) Each present and future holder of Senior Indebtedness shall be entitled to the benefit of the provisions of this article notwithstanding that such holder is not a party to this Indenture.

Appears in 2 contracts

Samples: Indenture (Financial Security Assurance Holdings LTD), Indenture (Nelnet Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the Subordinated Debentures, without incurring responsibility to the holders Holders of the Subordinated Debentures and without impairing or releasing the subordination provided in this Article XVI Six or the obligations hereunder of the holders Holders of the Subordinated Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Supplemental Indenture (Pacific Telesis Financing Iii), Supplemental Indenture (Pacific Telesis Financing Iii)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders of the Debentures, without incurring responsibility to the holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.Senior

Appears in 2 contracts

Samples: Indenture (Private Bancorp Capital Trust I), Indenture (Private Bancorp Capital Trust I)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company Recipient 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 Recipient, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Recipient, as the case may be, with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company Recipient may, at any time and from time to time, without the consent of or notice to the Trustee or the holders Holders of the DebenturesSubordinated Debt, without incurring responsibility to the holders Holders of the Debentures Subordinated Debt and without impairing or releasing the subordination provided in this Article XVI VII or the obligations hereunder of the holders Holders of the Debentures Subordinated Debt to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.;

Appears in 2 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Third Supplemental Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the Debenturesholders, without incurring responsibility to the holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI V or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 2 contracts

Samples: Third Supplemental Indenture (Omnicare Capital Trust Ii), Third Supplemental Indenture (Omnicare Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company to enforce subordination as herein provided in this Article 12 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders of the DebenturesHolders, without incurring responsibility to the holders of the Debentures Holders and without impairing or releasing the subordination provided in this Article XVI 12 or the obligations hereunder of the holders of the Debentures Holders to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising or waive any rights against the Company and any other Person. (c) Each present and future holder of Senior Indebtedness shall be entitled to the benefit of the provisions of this Article notwithstanding that such holder is not a party to this Indenture.

Appears in 2 contracts

Samples: Indenture (Symetra Financial CORP), Indenture (Symetra Financial CORP)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesSecurities, without incurring responsibility to the holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI Twelve or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Fleetwood Capital Trust Iii), Indenture (Fleetwood Enterprises Inc/De/)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this the Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the Subordinated Debentures, without incurring responsibility to the holders Holders of the Subordinated Debentures and without impairing or releasing the subordination provided in this Article XVI Six or the obligations hereunder of the holders Holders of the Subordinated Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Third Supplemental Indenture (Northwestern Corp), Fourth Supplemental Indenture (Northwestern Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI ARTICLE XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 2 contracts

Samples: Indenture (Illinois Power Co), Indenture (Illinois Power Co)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Debt Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.

Appears in 2 contracts

Samples: Indenture (Home Bancshares Inc), Indenture (First Community Bancorp /Ca/)

Subordination May Not Be Impaired. (a) No right of any ------------------------------------ present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.. Signatures appear on the following page

Appears in 2 contracts

Samples: Indenture (First Banks Inc), Indenture (First Banks, Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness Obligations of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness Obligations 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 DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI 15 or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior IndebtednessObligations, or otherwise amend or supplement in any manner such Senior Indebtedness Obligations or any instrument evidencing the same or any agreement under which such Senior Indebtedness Obligations is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessObligations; (iii) release any Person liable in any manner for the collection of such Senior IndebtednessObligations; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person. The Bank of New York hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 2 contracts

Samples: Indenture (Bank of America Corp /De/), Indenture (Bank of America Corp /De/)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company to enforce subordination as herein provided shall shall, at any time or in any way 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, in good faith, by any such holder, holder or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and or any other Person. Wilmington Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 2 contracts

Samples: Indenture (First Mercury Financial Corp), Indenture (First Mercury Financial Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the he Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) Without in any way limiting the generality of the foregoing paragraphSection 16.8(a), 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 holders of the Debentures, without incurring responsibility to the holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Peoples Bancshares Inc), Indenture (Peoples Bancshares Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness and Subordinated Debt of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness and Subordinated 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 Holders of the Subordinated Debentures, without incurring responsibility to the holders Holders of the Subordinated Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders Holders of the Subordinated Debentures to the holders of such Senior Indebtednessand Subordinated Debt, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtednessand Subordinated Debt, or otherwise amend or supplement in any manner such Senior Indebtedness and Subordinated Debt or any instrument evidencing the same or any agreement under which such Senior Indebtedness and Subordinated Debt is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtednessand Subordinated Debt; (iiic) release any Person liable in any manner for the collection of such Senior Indebtednessand Subordinated Debt; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Subordinated Indenture (Bank of the Ozarks Inc), Subordinated Indenture (Ozark Capital Trust)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Company Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Company Senior Indebtedness with respect to the Securities of the Company any series may, at any time and from time to time, without the consent of or notice to the Trustee or the holders Holders of the DebenturesSecurities of such series, without incurring responsibility to the holders of the Debentures such Holders and without impairing or releasing the subordination provided in this Article XVI 16 or the obligations hereunder of the holders Holders of the Debentures Securities of such series to the holders of such Company 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, such Company Senior Indebtedness, or otherwise amend or supplement in any manner such Company Senior Indebtedness or any instrument evidencing the same or any agreement under which such Company Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Company Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Company Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.. 100

Appears in 2 contracts

Samples: Indenture (Ace LTD), Indenture (Ace Ina Holdings Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the Subordinated Debentures, without incurring responsibility to the holders of the Subordinated Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders of the Subordinated Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 2 contracts

Samples: Supplemental Indenture (Illinova Corp), First Supplemental Indenture (Illinois Power Co)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesNotes, without incurring responsibility to the holders Holders of the Debentures Notes and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders Holders of the Debentures Notes to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, and any other Person.

Appears in 2 contracts

Samples: Eighth Supplemental Indenture (HSBC Finance Capital Trust IX), Eighth Supplemental Indenture (HSBC Finance Capital Trust IX)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company Credit Union 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 Credit Union, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Credit Union, as the case may be, with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company Credit Union may, at any time and from time to time, without the consent of or notice to the Trustee or the holders Holders of the DebenturesSubordinated Debt, without incurring responsibility to the holders Holders of the Debentures Subordinated Debt and without impairing or releasing the subordination provided in this Article XVI VII or the obligations hereunder of the holders Holders of the Debentures Subordinated Debt to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Credit Union, as the case may be, and any other Person.person.β€Œβ€Œ

Appears in 2 contracts

Samples: Securities Purchase Agreement, Securities Purchase Agreement

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness with respect to the Securities of the Company any series may, at any time and from time to time, without the consent of or notice to the Trustee or the holders of the DebenturesSecurities of such series, without incurring responsibility to the such holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI Fourteen or the obligations hereunder of the holders of the Debentures Securities of such series to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Athene Holding Ltd.), Indenture (Athene Holding Ltd.)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness Debt of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesSecurities, without incurring responsibility to the holders Holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI XIV or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such Senior IndebtednessDebt, 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, such Senior IndebtednessDebt, or otherwise amend or supplement in any manner such Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt; (iii) release any Person liable in any manner for the collection of such Senior IndebtednessDebt; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 2 contracts

Samples: Indenture (Onb Capital Trust Iv), Indenture (HCC Capital Trust Ii)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company Corporation 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 Corporation, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Corporation, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company Corporation may, at any time and from time to time, without the consent of or notice to the Debenture Trustee or the holders of the DebenturesDebentureholders, without incurring responsibility to the holders of the Debentures Debentureholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Junior Subordinated Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation, as the case may be, and any other Person.

Appears in 2 contracts

Samples: Indenture (Mainstreet Bankgroup Inc), Indenture (Mainstreet Bankgroup Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesDebentureholders, without incurring responsibility to the holders of the Debentures Debentureholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 2 contracts

Samples: Indenture (New York Community Bancorp Inc), Indenture (New York Community Bancorp Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holderholder of Securities, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurities, without incurring responsibility to the holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI Fifteen or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 2 contracts

Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Unitrin Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company to enforce subordination as herein provided shall shall, at any time or in any way 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, in good faith, by any such holder, holder or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders Holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and or any other Person. Wilmington Trust Company hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions herein above set forth.

Appears in 2 contracts

Samples: Indenture (Proassurance Corp), Indenture (Proassurance Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of the Indenture or this First Supplemental Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the DebenturesNotes, without incurring responsibility to the holders Holders of the Debentures Notes and without impairing im- pairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders Holders of the Debentures Notes to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: First Supplemental Indenture (Xl Capital LTD), First Supplemental Indenture (Delphi Financial Group Inc/De)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of the Indenture or this Second Supplemental Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders Holders of the Debentures, without incurring responsibility to the holders Holders of the Debentures and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders Holders of the Debentures to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: First Supplemental Indenture (Circus Finance Ii), First Supplemental Indenture (Circus Finance Ii)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company Corporation 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 Corporation, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Corporation, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness of the Company Corporation may, at any time and from time to time, without the consent of or notice to the Trustee or the holders of the DebenturesNoteholders, without incurring responsibility to the holders of the Debentures Noteholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Notes to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation, as the case may be, and any other Person.

Appears in 2 contracts

Samples: Indenture (Flushing Financial Corp), Indenture for Subordinated Notes (State Bancorp Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holderholder of Securities, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurities, without incurring responsibility to the holders of the Debentures Securities and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. But all such counterparts shall together constitute but one and the same instrument.

Appears in 2 contracts

Samples: Indenture (American Equity Investment Life Holding Co), Indenture (American Equity Investment Life Holding Co)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company to enforce subordination as herein provided shall at any time or 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this the Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesNotes, without incurring responsibility to the holders of the Debentures Notes and without impairing or releasing the subordination provided in this Article XVI VI or the obligations hereunder of the holders of the Debentures Notes to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Commonwealth Edison Co), Supplemental Indenture (Commonwealth Edison Co)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness and Subordinated Debt of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness and Subordinated 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 Holders of the Junior Subordinated Debentures, without incurring responsibility to the holders Holders of the Junior Subordinated Debentures and without impairing or releasing the subordination provided in this Article XVI or the obligations hereunder of the holders Holders of the Junior Subordinated Debentures to the holders of such Senior Indebtednessand Subordinated Debt, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtednessand Subordinated Debt, or otherwise amend or supplement in any manner such Senior Indebtedness and Subordinated Debt or any instrument evidencing the same or any agreement under which such Senior Indebtedness and Subordinated Debt is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtednessand Subordinated Debt; (iiic) release any Person liable in any manner for the collection of such Senior Indebtednessand Subordinated Debt; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Appears in 1 contract

Samples: Subordinated Indenture (Blue Valley Ban Corp)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness with respect to the Securities of the Company any series may, at any time and from time to time, without the consent of or notice to the Trustee or the holders Holders of the DebenturesSecurities of such series, without incurring responsibility to the holders of the Debentures such Holders and without impairing or releasing the subordination provided in this Article XVI 16 or the obligations hereunder of the holders Holders of the Debentures Securities of such series to the holders of such Senior Indebtedness, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iiic) release any Person liable in any manner for the collection of such Senior Indebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Indenture (Partnerre LTD)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI Fifteen or the obligations hereunder of the holders of the Debentures Securities to the holders of such Senior Indebtedness, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iiic) release any Person liable in any manner for the collection of such Senior Indebtedness; and (ivd) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person.

Appears in 1 contract

Samples: Indenture (Madison Bancshares Group LTD)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness Debt of the Company 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 Company, as the case may be, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Company, as the case may be, with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) . 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 Indenture Trustee or the holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XV or the obligations hereunder of the holders of the Debentures Debt Securities to the holders of such Senior IndebtednessDebt, 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, such Senior IndebtednessDebt, or otherwise amend or supplement in any manner such Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt; (iii) release any Person liable in any manner for the collection of such Senior IndebtednessDebt; and (iv) exercise or refrain from exercising any rights against the Company Company, as the case may be, and any other Person. Wilmington Trust Company in its capacity as Indenture Trustee hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 1 contract

Samples: Indenture (Dime Community Bancshares Inc)

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior Indebtedness of the Company 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, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be charged with. (b) 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 holders of the DebenturesSecurityholders, without incurring responsibility to the holders of the Debentures Securityholders and without impairing or releasing the subordination provided in this Article XVI XVII or the obligations hereunder of the holders of the Debentures Securities to the holders of such 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, such Senior Indebtedness, or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii) release any Person liable in any manner for the collection of such Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person. Xxxxx Fargo Bank Minnesota, National Association hereby accepts the trusts in this Indenture declared and provided, upon the terms and conditions hereinabove set forth.

Appears in 1 contract

Samples: Indenture (Xerox Corp)

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