Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce subordination as provided herein 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 of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with. The provisions of this Article Twelve are intended to be for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness.
Appears in 4 contracts
Samples: Indenture (Collins & Aikman Products Co), Indenture (Collins & Aikman Products Co), Indenture (Horton D R Inc /De/)
Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce subordination as provided herein shall in this Article Ten will 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 of this Indenture, regardless of any knowledge thereof which that any such holder may have or otherwise be charged with. The provisions of this Article Twelve Ten are intended to be for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness.
Appears in 4 contracts
Samples: Indenture (Silgan Holdings Inc), Indenture (Pagemart Wireless Inc), Indenture (Scotsman Industries Inc)
Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce subordination as provided herein 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 of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with. The provisions of this Article Twelve Eight are intended to be for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness.
Appears in 3 contracts
Samples: Indenture (Fedders North America Inc), Indenture (Tanner Chemicals Inc), Indenture (Carrols Corp)
Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce subordination as provided herein shall in this Article Eleven will 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 of this Indenture, regardless of any knowledge thereof which that any such holder may have or otherwise be charged with. The provisions of this Article Twelve Eleven are intended to be for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (Servico Market Center Inc), Indenture (GST Telecommunications Inc)
Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce subordination as provided herein 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 of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged withwith or by any matter or thing referred to in the second paragraph of Section 10.16. The provisions of this Article Twelve Ten are intended to be for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (Atlantic Broadband Management, LLC), Indenture (Language Line Costa Rica, LLC)
Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness of the Company to enforce subordination as provided herein 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 of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with. The provisions of this Article Twelve Eight are intended to be for the benefit of, and shall be enforceable directly by, the holders of Senior IndebtednessIndebtedness of the Company.
Appears in 1 contract
Samples: Indenture (Scot Inc)