Common use of Subordination May Not Be Impaired Clause in Contracts

Subordination May Not Be Impaired. No right of any present or future holder of any Senior 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 which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities to the holders of Senior 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 Debt, or otherwise amend or supplement in any manner such Senior Debt or any instrument evidencing the same or any agreement under which such Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Debt; (iii) release any 77 77 Person liable in any manner for the collection of such Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired. No right of any present or future holder of any Senior Debt Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company 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 which that any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurityholders, without incurring responsibility to the holders of the Securities Securityholders and without impairing or releasing the subordination provided in this Article XII XV or the obligations hereunder of the Holders holders of the Securities to the holders of Senior DebtIndebtedness, 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 DebtIndebtedness, or otherwise amend or supplement in any manner such Senior Debt Indebtedness or any instrument evidencing the same or any agreement under which such Senior Debt Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior DebtIndebtedness; (iii) release any 77 77 Person liable in any manner for the collection of such Senior DebtIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.

Subordination May Not Be Impaired. No right of any present or future holder of any Senior 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 which that any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurityholders, without incurring responsibility to the holders of the Securities Securityholders and without impairing or releasing the subordination provided in this Article XII XV or the obligations hereunder of the Holders holders of the Securities to the holders of such Senior 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 Debt, or otherwise amend or supplement in any manner such Senior Debt or any instrument evidencing the same or any agreement under which such Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Debt; (iii) release any 77 77 Person liable in any manner for the collection of such Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired. No right of any present or future holder of any Senior 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 which that any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holder or holders of any Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesDebentures, without incurring responsibility to the holders Holders of the Securities Debentures and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities Debentures to the holders of Senior 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 Debt, or otherwise amend or supplement in any manner such Senior Debt or any instrument evidencing the same or any agreement under which such Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Debt; (iii) release any 77 77 Person liable in any manner for the collection of such Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired. No right of any present or future holder of any Senior Debt Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this IndentureNote Agreement, regardless of any knowledge thereof which that any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNoteholders, without incurring responsibility to the holders of the Securities Noteholders and without impairing or releasing the subordination provided in this Article XII XIII or the obligations hereunder of the Holders holders of the Securities Notes to the holders of Senior DebtIndebtedness, 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 DebtIndebtedness, or otherwise amend or supplement in any manner such Senior Debt Indebtedness or any instrument evidencing the same or any agreement under which such Senior Debt Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior DebtIndebtedness; (iii) release any 77 77 Person liable in any manner for the collection of such Senior DebtIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired. No right of any present or future holder of any Senior 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 which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring Incurring responsibility to the holders of the Securities Notes and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior 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 Debt, or otherwise amend or supplement in any manner such Senior Debt or any instrument evidencing the same or any agreement under which such Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Debt; (iii) release any 77 77 Person liable in any manner for the collection of such Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired. by the Issuers. ------------------------------------------------ No right of any present or future holder Holder of any Senior Debt to enforce the subordination as herein provided of the Indebtedness evidenced by the Notes shall at any time in any way be prejudiced or impaired by any act or failure to act on by the part Issuers or by the failure of the Company or by any act or failure Issuers to act, in good faith, by any such holder, or by any noncompliance by comply with this Indenture. Subject to the Company with the terms, other provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of the Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the holders of the Securities Holders, and without impairing or releasing the subordination provided in this Article XII Articles 10 and 11, or the obligations hereunder of the Holders of the Securities to the holders of the Senior Debt, do any one or more of the following: (ia) change in the manner, place place, or terms of payment payment, or extend the time of payment of, or renew or alter, such Senior Debt, or otherwise amend or supplement in any manner such Senior Debt or any instrument evidencing the same or any agreement under which such the Senior Debt is outstandingoutstanding or secured; (iib) sell, exchange, release release, or otherwise deal with any property pledged, mortgaged mortgaged, or otherwise securing such the Senior Debt; (iiic) release any 77 77 Person liable in any manner for the collection of such Senior Debt; and (ivd) exercise or refrain from exercising any rights against the Company and Issuers, the Guarantor or any other Person; provided, however, that this provision shall not in any way permit the Issuers or any Guarantor to take any action otherwise prohibited by this Indenture.

Subordination May Not Be Impaired. No right of any present or future holder of any Senior Debt Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company 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 which that any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurityholders, without incurring responsibility to the holders of the Securities Securityholders and without impairing or releasing the subordination provided in this Article XII XV or the obligations hereunder of the Holders holders of the Securities Debentures to the holders of such Senior DebtIndebtedness, 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 DebtIndebtedness, or otherwise amend or supplement in any manner such Senior Debt Indebtedness or any instrument evidencing the same or any agreement under which such Senior Debt Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Debt; (iii) release any 77 77 Person liable in any manner for the collection of such Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.;

Subordination May Not Be Impaired. No right of any present or future holder of any Senior Debt Obligations 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 which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Obligations may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities to the holders of Senior DebtObligations, 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 DebtObligations, or otherwise amend or supplement in any manner such Senior Debt Obligations or any instrument evidencing the same or any agreement under which such Senior Debt Obligations is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior DebtObligations; (iii) release any 77 77 Person liable in any manner for the collection of such Senior DebtObligations; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired. No right of any present or future holder of any Senior Debt Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company 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 which that any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurityholders, without incurring responsibility to the holders of the Securities Securityholders and without impairing or releasing the subordination provided in this Article XII XV or the obligations hereunder of the Holders holders of the Securities Debentures to the holders of such Senior DebtIndebtedness, 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 DebtIndebtedness, or otherwise amend or supplement in any manner such Senior Debt Indebtedness or any instrument evidencing the same or any agreement under which such Senior Debt Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Debt; (iii) release any 77 77 Person liable in any manner for the collection of such Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.Senior

Subordination May Not Be Impaired. No right of any present or future holder of any Senior 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 which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders 86 81 of the Securities to the holders of Senior 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 Debt, or otherwise amend or supplement in any manner such Senior Debt or any instrument evidencing the same or any agreement under which such Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Debt; (iii) release any 77 77 Person liable in any manner for the collection of such Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired. No right of any present or future holder of any Senior 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 IndentureAgreement, regardless of any knowledge thereof which that any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior 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 any holder of the SecuritiesSubordinated Note, without incurring responsibility to the holders any holder of the Securities Subordinated Note and without impairing or releasing the subordination provided in this Article XII III or the obligations hereunder of the Holders any holder of the Securities Subordinated Note to the holders of such Senior 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 Debt, or otherwise amend or supplement in any manner such Senior Debt or any instrument evidencing the same or any agreement under which such Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Debt; (iii) release any 77 77 Person liable in any manner for the collection of such Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired. No right of any present or future holder of any Senior Debt Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, 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 which that any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurityholders, without incurring responsibility to the holders of the Securities Securityholders and without impairing or releasing the subordination provided in this Article XII XV or the obligations hereunder of the Holders holders of the Securities to the holders of Senior DebtIndebtedness, 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 DebtIndebtedness, or otherwise amend or supplement in any manner such Senior Debt Indebtedness or any instrument evidencing the same or any agreement under which such Senior Debt Indebtedness is outstanding; (ii) sell, exchangeex change, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Debt; (iii) release any 77 77 Person liable in any manner for the collection of such Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.,

Subordination May Not Be Impaired. (a) No right of any present or future holder of any Senior 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 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 Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the holders Holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities to the holders of Senior 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 Debt, or otherwise amend or supplement in any manner such Senior Debt or any instrument evidencing the same or any agreement under which such Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Debt; (iii) release any 77 77 Person liable in any manner for the collection of such Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.any