Common use of SUBORDINATION NOT PREJUDICED Clause in Contracts

SUBORDINATION NOT PREJUDICED. No right of any holder of any Senior Debt to enforce subordination as provided in this Article 10 shall at any time in any way be prejudiced, affected or impaired by any act or failure to act on the part of the Company or any of its Subsidiaries or by any act or failure to act on the part of any holder of Senior Debt or by any breach or default by the Company or any of its Subsidiaries in the performance or observance of any promise, covenant or obligation enforceable by any Holder of the Notes, regardless of any knowledge thereof that any holder of Senior Debt may have or otherwise be charged with. Without limiting the foregoing, each holder of any Senior Debt may at any time and from time to time, without the consent of or notice of any Holder of the Notes, without incurring any responsibility or liability to any Holder of the Notes and without in any manner prejudicing, affecting or impairing the obligations of any Holder of the Notes under this Article 10: (1) change the manner, place or terms of payment or extend the time of payment of, or increase (subject to Section 4.09), renew or alter, compromise, accelerate, extend or refinance, any Senior Debt or any agreement, guaranty, lien or obligation of the Company or any of its Subsidiaries or any other Person in any manner related thereto, or otherwise amend, supplement or change in any manner any Senior Debt or any such agreement, guaranty, lien or obligation; (2) take or fail to take any collateral security for any Senior Debt or take or fail to take any action which may be necessary or appropriate to ensure that any security interest or lien upon any property securing any Senior Debt is duly enforceable or perfected or entitled to priority as against any other lien or to ensure that any proceeds of any property subject to any security interest or lien are applied to the payment of any Senior Debt; (3) release, discharge or permit the lapse of any or all security interests or liens upon any property at any time securing any Senior Debt; or

SUBORDINATION NOT PREJUDICED. No right of any holder of any Senior Debt to enforce subordination as provided in this Article 10 shall at any time in any way be prejudiced, affected or impaired by any act or failure to act on the part of the Company or any of its Subsidiaries or by any act or failure to act on the part of any holder of Senior Debt or by any breach or default by the Company or any of its Subsidiaries in the performance or observance of any promise, covenant or obligation enforceable by any Holder of the Notes, regardless of any knowledge thereof that any holder of Senior Debt may have or otherwise be charged with. Without limiting the foregoing, each holder of any Senior Debt may at any time and from time to time, without the consent of or notice of any Holder of the Notes, without incurring any responsibility or liability to any Holder of the Notes and without in any manner prejudicing, affecting or impairing the obligations of any Holder of the Notes under this Article 10: (1) change the manner, place or terms of payment or extend the time of payment of, or increase (subject to Section 4.09), renew or alter, compromise, accelerate, extend or refinance, any Senior Debt or any agreement, guaranty, lien or obligation of the Company or any of its Subsidiaries or any other Person in any manner related thereto, or otherwise amend, supplement or change in any manner any Senior Debt or any such agreement, guaranty, lien or obligation; (2) take or fail to take any collateral security for any Senior Debt or take or fail to take any action which may be necessary or appropriate to ensure that any security interest or lien upon any property securing any Senior Debt is duly enforceable or perfected or entitled to priority as against any other lien or to ensure that any proceeds of any property subject to any security interest or lien are applied to the payment of any Senior Debt; (3) release, discharge or permit the lapse of any or all security interests or liens upon any property at any time securing any Senior Debt; or (4) exercise or enforce, in any manner, order or sequence, or fail to exercise or enforce, any right or remedy against the Company or any of its Subsidiaries or any collateral security or any other Person or property in respect of any Senior Debt or any security interest or lien securing any Senior Debt or any right under this Indenture, and apply any payment or proceeds of collateral in any order of application. No exercise of, delay in exercising or failure to exercise any right arising under this Article 10, no act or omission of any holder of Senior Debt in respect of the Company or any of its Subsidiaries or any other Person or any collateral security for any Senior Debt or any right arising under this Article 10, no change, impairment, or suspension of any right or remedy of any holder of any Senior Debt, no other act, failure to act, circumstance, occurrence or event which, but for this provision, would or could act as a release or exoneration of the obligations of the Holders of the Notes under this Article 10 shall in any way affect, decrease, diminish or impair

SUBORDINATION NOT PREJUDICED. No right of any holder of any Senior Debt to enforce subordination as provided in this Article 10 shall at any time in any way be prejudiced, affected or impaired by any act or failure to act on the part of the Company or any of its Subsidiaries or by any act or failure to act on the part of any holder of Senior Debt or by any breach or default by the Company or any of its Subsidiaries in the performance or observance of any promise, covenant or obligation enforceable by any Holder of the Notes, regardless of any knowledge thereof that any holder of Senior Debt may have or otherwise be charged with. Without limiting the foregoing, each holder of any Senior Debt may at any time and from time to time, without the consent of or notice of any Holder of the Notes, without incurring any responsibility or liability to any Holder of the 76 84 Notes and without in any manner prejudicing, affecting or impairing the obligations of any Holder of the Notes under this Article 10: (1) change the manner, place or terms of payment or extend the time of payment of, or increase (subject to Section 4.09), renew or alter, compromise, accelerate, extend or refinance, any Senior Debt or any agreement, guaranty, lien or obligation of the Company or any of its Subsidiaries or any other Person in any manner related thereto, or otherwise amend, supplement or change in any manner any Senior Debt or any such agreement, guaranty, lien or obligation; (2) take or fail to take any collateral security for any Senior Debt or take or fail to take any action which may be necessary or appropriate to ensure that any security interest or lien upon any property securing any Senior Debt is duly enforceable or perfected or entitled to priority as against any other lien or to ensure that any proceeds of any property subject to any security interest or lien are applied to the payment of any Senior Debt; (3) release, discharge or permit the lapse of any or all security interests or liens upon any property at any time securing any Senior Debt; or (4) exercise or enforce, in any manner, order or sequence, or fail to exercise or enforce, any right or remedy against the Company or any of its Subsidiaries or any collateral security or any other Person or property in respect of any Senior Debt or any security interest or lien securing any Senior Debt or any right under this Indenture, and apply any payment or proceeds of collateral in any order of application. No exercise of, delay in exercising or failure to exercise any right arising under this Article 10, no act or omission of any holder of Senior Debt in respect of the Company or any of its Subsidiaries or any other Person or any collateral security for any Senior Debt or any right arising under this Article 10, no change, impairment, or suspension of any right or remedy of any holder of any Senior Debt, no other act, failure to act, circumstance, occurrence or event which, but for this provision, would or could act as a release or exoneration of the obligations of the Holders of the Notes under this Article 10 shall in any way affect, decrease, diminish or impair any of the obligations of the Holders of the Notes under this Article 10 or give any Holder of the Notes any recourse or defense against any holder of the Senior Debt in respect of any right arising under this Article 10.

SUBORDINATION NOT PREJUDICED. No right of any holder of any Senior Debt Indebtedness to enforce subordination as provided in this Article 10 shall at any time in any way be prejudiced, affected or impaired by any act or failure to act on the part of the Company or any of its Subsidiaries or by any act or failure to act on the part of any holder of Senior Debt Indebtedness or by any breach or default by the Company or any of its Subsidiaries in the performance or observance of any promise, covenant or obligation enforceable by any Holder of the NotesSecurityholder, regardless of any knowledge thereof that any holder of Senior Debt Indebtedness may have or otherwise be charged with. Without limiting the foregoing, each holder of any Senior Debt Indebtedness may at any time and from time to time, without the consent of or notice of any Holder of the NotesSecurityholder, without incurring any responsibility or liability to any Holder of the Notes Securityholder and without in any manner prejudicing, affecting or impairing the obligations of any Holder of the Notes Securityholder under this Article 10: (1a) change the manner, place or terms of payment or extend the time of payment of, or increase (subject to Section 4.094.3), renew or alter, compromise, accelerate, extend or refinance, any Senior Debt Indebtedness or any agreement, guaranty, lien or obligation of the Company or any of its Subsidiaries or any other Person in any manner related thereto, or otherwise amend, supplement or change in any manner any Senior Debt Indebtedness or any such agreement, guaranty, lien or obligation; (2b) take or fail to take any collateral security for any Senior Debt Indebtedness or take or fail to take any action which may be necessary or appropriate to ensure that any security interest or lien upon any property securing any Senior Debt Indebtedness is duly enforceable or perfected or entitled to priority as against any other lien or to ensure that any proceeds of any property subject to any security interest or lien are applied to the payment of any Senior DebtIndebtedness; (3c) release, discharge or permit the lapse of any or all security interests or liens upon any property at any time securing any Senior DebtIndebtedness; or (d) exercise or enforce, in any manner, order or sequence, or fail to exercise or enforce, any right or remedy against the Company or any of its Subsidiaries or any collateral security or any other Person or property in respect of any Senior Indebtedness or any security interest or lien securing any Senior Indebtedness or any right under this Indenture, and apply any payment or proceeds of collateral in any order of application. No exercise of, delay in exercising or failure to exercise any right arising under this Article 10, no act or omission of any holder of Senior Indebtedness in respect of the Company or any of its Subsidiaries or any other Person or any collateral security for any Senior Indebtedness or any right arising under this Article 10, no change, impairment, or suspension of any right or remedy of any holder of any Senior Indebtedness, no other act, failure to act, circumstance, occurrence or event which, but for this provision, would or could act as a release or exoneration of the obligations of the Securityholders under this Article 10 shall in any way affect, decrease, diminish or impair any of the obligations of he Securityholders under this Article 10 or give any Securityholders any recourse or defense against any holder of the Senior Indebtedness in respect of any right arising under this Article 10.