Common use of Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness Clause in Contracts

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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Notes and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Notes to the holders of the 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, Senior Indebtedness, or otherwise amend or supplement in any manner Senior Indebtedness, or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release any Person liable in any manner for the payment or collection of Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. (a) No right of any present or future holders of any Senior Indebtedness to enforce the subordination provisions 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 Company; by any act or failure to act, in good faith, act by any such holder, ; by any act or failure to act by any other holder of the Senior Indebtedness; or by any noncompliance by the Company with the terms of this Indenturehereof, regardless of any knowledge thereof which any such holder may have or be otherwise be charged with. Without The Subordinated Claimants shall not be released, nor shall the Subordinated Claimants’ obligation hereunder be in anyway diminished, by any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Notes and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Notes to the holders of the Senior Indebtedness, do any one or more of the following: (i) change the manner, place exercise or terms the failure to exercise by any Senior Lender of payment any rights or extend remedies conferred on it or them under the time of payment ofSenior Loan Documents hereunder or existing at law or otherwise, or renew or alter, Senior Indebtedness, or otherwise amend or supplement in against any manner Senior Indebtedness, or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstandingCompany Property; (ii) sellthe commencement of an action at law or the recovery of a judgment at law against the Company, exchangethe Management Co. or any Obligor for the performance of the Senior Indebtedness and the enforcement thereof through levy or execution or otherwise; (iii) the taking or institution or any other action or proceeding against the Company, the Management Co. or any Obligor; (iv) any delay in taking, pursuing, or exercising any of the foregoing actions, rights, powers, or remedies (even though requested by Subordinated Claimants) by any Senior Lender or anyone acting for any Senior Lender; (v) any lack of validity or enforceability of any Senior Loan Document; (vi) the release or non-perfection of any collateral securing the Senior Indebtedness; or (vii) any other circumstance which might otherwise deal with constitute a defense available to, or a discharge of, the Company, the Management Co. or any Obligor in respect of the Senior Indebtedness or Subordinated Claimants in respect of this Agreement. (b) Without limiting the generality of the foregoing, and anything else contained herein to the contrary notwithstanding, any Senior Lender, from time to time, without prior notice to or the consent of the Subordinated Claimants, may take all or any of the following actions without in any manner affecting or impairing the obligation or liability of the Subordinated Claimants hereunder: (i) obtain a Lien in any property pledged, mortgaged to secure any of the Senior Indebtedness; (ii) obtain the primary and secondary liability of any party or otherwise securing parties with respect to any of the Senior Indebtedness; (iii) release renew, extend, or otherwise change the time for payment of the Senior Indebtedness or any Person liable in installment thereof for any manner for period, or change the payment or collection of interest rates and fees with respect to the Senior Indebtedness; and (iv) exercise renew, reaffirm, extend, release or refrain from exercising otherwise change any liability of any nature of any Person, including any Obligor, with respect to the Senior Indebtedness; (v) exchange, enforce, waive, release, and apply any Company Property and direct the order or manner of sale thereof as such Senior Lender may in its discretion determine; (vi) enforce its rights hereunder, whether or not such Senior Lender shall proceed against the Company and any other Person; (vii) exercise its rights to consent to any action or non-action of the Company, the Management Co. or any Obligor which may violate the covenants and agreements contained in the Senior Loan Documents, with or without consideration, on such terms and conditions as may be acceptable to it; or (viii) exercise any of its rights conferred by the Senior Loan Documents or by law.

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. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the TrusteeTrustee or the Holders, without incurring responsibility to the Trustee or the Holders of the Notes and without impairing or releasing the subordination provided in this Article Ten 12 or the obligations hereunder of the Holders of the Notes to the holders of the 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, Senior Indebtedness, or otherwise amend or supplement in any manner Senior Indebtedness, or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release re­lease any Person liable in any manner for the payment or collection of Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.. Table of Contents

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 subordination, as provided 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 terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise be charged with. Without in The holders of any way limiting Senior Indebtedness may extend, renew, modify or amend the generality terms of such Senior Indebtedness or any security therefor and release, sell or exchange such security and otherwise deal freely with the Company, all without affecting the liabilities and obligations of the foregoing paragraphparties to this Indenture or the Holders. No amendment of this Article XI or any defined terms used herein or any other Sections referred to in this Article XI which adversely affects the rights hereunder of holders of Senior Indebtedness, shall be effective unless the holders of such Senior Indebtedness may, at any time and from time to time, without the consent of or notice (required pursuant to the Trustee, without incurring responsibility to the Trustee or the Holders of the Notes and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Notes to the holders of the 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, Senior Indebtedness, or otherwise amend or supplement in any manner Senior Indebtedness, or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (iito give such consent) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release any Person liable in any manner for the payment or collection of Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Personhave consented thereto.

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. 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, without incurring responsibility to the Trustee or the Holders of the Notes and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Notes to the holders of the Senior IndebtednessIndebtedness of the Company, 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, Senior IndebtednessIndebtedness of the Company, or otherwise amend or supplement in any manner Senior IndebtednessIndebtedness of the Company, or any instrument evidencing the same or any agreement under which Senior Indebtedness of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessIndebtedness of the Company; (iii) release any Person liable in any manner for the payment or collection of Senior IndebtednessIndebtedness of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

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 or Guarantor Senior Indebtedness, as the case may be, to enforce subordination subordination, as provided 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 any Guarantor by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company or any Guarantor with the terms terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the The holders of Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, may, at any time and or from time to time, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or of the Holders of the Notes and without impairing or releasing the subordination provided in this Article Ten provisions of the Indenture or the obligations hereunder of under the Holders of the Notes Indenture to the holders holder of the Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, 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, the Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, or otherwise amend or supplement in any manner manner, Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, or any instrument evidencing the same or any agreement under which Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be; (iii) release any Person liable in any manner for the payment or collection of Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be; and (iv) exercise or refrain from exercising any rights against the Company and Company, any Guarantor or any other Person. No amendment of this Article 11 or any defined terms used herein or any other Sections referred to in this Article 11 which adversely affects the rights hereunder of holders of Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, shall be effective unless the holders of such Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be (required pursuant to the terms of such Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, to give such consent), have consented thereto.