Common use of Subordination Rights Not Impaired by Acts or Omissions Clause in Contracts

Subordination Rights Not Impaired by Acts or Omissions. of the Issuer or Holders of Senior Indebtedness. No right of any present or future holders of any Senior 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 Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of any Senior Indebtedness may extend, renew, modify or amend the terms of such Senior Indebtedness or any security therefor and release, sell or exchange such security and otherwise deal freely with the Issuer, all without affecting the liabilities and obligations of the parties 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 (required pursuant to the terms of such Senior Indebtedness to give such consent) have consented thereto.

Appears in 4 contracts

Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

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Subordination Rights Not Impaired by Acts or Omissions. of the Issuer Obligor or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce subordination, subordination as herein provided, provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer Obligor or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Issuer Obligor with the terms, terms and provisions and covenants of this Indenturethe Subordinated Indebtedness, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness may, without in any way affecting the obligations of the holders of the Subordinated Indebtedness with respect hereto, at any time or from time to time and in their absolute discretion, change the manner, place or terms of payment of, change or extend the time of payment of, or renew or alter, any Senior Indebtedness may extend, renewor amend, modify or amend the terms of supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any security therefor other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness including, without limitation, the waiver of a Default thereunder and release, sell or exchange the release of any collateral securing such security and otherwise deal freely with the IssuerSenior Indebtedness, all without affecting notice to or assent from the liabilities and obligations holder of the parties 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 Subordinated Indebtedness, shall be effective unless the holders of such Senior Indebtedness (required pursuant to the terms of such Senior Indebtedness to give such consent) have consented thereto.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Cinedigm Digital Cinema Corp.), Confidentiality Agreement (Cinedigm Digital Cinema Corp.)

Subordination Rights Not Impaired by Acts or Omissions. of the Issuer Payor or Holders of Senior Indebtedness. No right of any present or future ------------------------------------------ holders of any Senior Indebtedness to enforce subordination, subordination as herein provided, provided shall at any time in any way be prejudiced or impaired by any an act or failure to act on the part of the Issuer Payor or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Issuer Payor with the terms, terms and provisions and covenants of this Indenturethe Note, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness may, without in any way affecting the obligations of the holder of the Note with respect thereto, at any time or from time to time and in their absolute discretion, change the manner, place or terms of payment of, change or extend the time of payment of, or renew or alter, any Senior Indebtedness may extendIndebtedness, renewor amend, modify or amend the terms of supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any security therefor other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness including, without limitation, the waiver of a default thereunder and release, sell or exchange the release of any collateral securing such security and otherwise deal freely with the IssuerSenior Indebtedness, all without affecting notice to or assent from the liabilities and obligations holder of the parties 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 (required pursuant to the terms of such Senior Indebtedness to give such consent) have consented theretoNote.

Appears in 1 contract

Samples: Credit Agreement (Autotote Corp)

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Subordination Rights Not Impaired by Acts or Omissions. of the Issuer any Payer or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce subordination, subordination as herein provided, provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer any Payer or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Issuer any Payer with the terms, terms and provisions and covenants of this Indenturethe Note, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness may, without in any way affecting the Obligations of Payees under the Note with respect hereto, at any time or from time to time and in their absolute discretion, change the manner, place or terms of payment of, change or extend the time of payment of, or renew or alter, any Senior Indebtedness may extend, renewor amend, modify or amend the terms of supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any security therefor other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness, including, without limitation, the waiver of a Default thereunder and release, sell or exchange the release of any collateral securing such security and otherwise deal freely with the IssuerSenior Indebtedness, all without affecting the liabilities and obligations of the parties notice to this Indenture or the Holders. No amendment of this Article XI or assent from 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 (required pursuant to the terms of such Senior Indebtedness to give such consent) have consented theretoPayee.

Appears in 1 contract

Samples: Credit Agreement (Compass Minerals International Inc)

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