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

Subordination Rights Not Impaired by Acts or Omissions. of any Payer 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 any Payer or by any act or failure to act in good faith by any such holder, or by any noncompliance by any Payer with the terms and provisions of the 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 or amend, modify or supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any 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 the release of any collateral securing such Senior Indebtedness, all without notice to or assent from any Payee.

Subordination Rights Not Impaired by Acts or Omissions. of any Payer 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 provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Payer the Company or by any act or failure to act act, in good faith faith, by any such holder, or by any noncompliance by any Payer the Company with the terms and provisions of the Notethis Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be otherwise charged with. The 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 Indebtedness mayof the Company, without in do any way affecting one or more of the Obligations of Payees under the Note with respect hereto, at any time or from time to time and in their absolute discretion, following: (i) change the manner, place or terms of payment of, change or extend the time of payment of, or renew or alter, any Senior Indebtedness of the Company, or amend, modify otherwise amend or supplement in any manner Senior Indebtedness of the Company, or any instrument evidencing the same or any agreement or instrument governing or evidencing such under which Senior Indebtedness of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any other document referred to thereinproperty pledged, mortgaged or otherwise securing Senior Indebtedness of the Company; (iii) release any Person liable in any manner for the payment or collection of Senior Indebtedness of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other of their rights under the Senior Indebtedness, including, without limitation, the waiver of a Default thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from any PayeePerson.

Subordination Rights Not Impaired by Acts or Omissions. of any Payer the Payor 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 any Payer Payor or by any act or failure to act in good faith by any such holderPayee, or by any noncompliance by any Payer Payor with the terms and provisions of the NoteSubordinated Indebtedness, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness Indebted-ness may, without in any way affecting the Obligations obliga-tions of Payees under the Note any Payee with respect heretothereto, at any time or from time to time and in their absolute discretiondiscre-tion, change the manner, place or terms of payment of, change or extend the time of payment of, or renew re-new or alter, any Senior Indebtedness Indebtedness, or amend, modify or supplement any agreement or instrument governing or evidencing such Senior Indebtedness Indebted-ness or any other document referred re-ferred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness, Indebtedness including, without limitation, the waiver of a Default default thereunder and the release of any collateral collat-eral securing such Senior IndebtednessIndebted-ness, all without notice to or assent from any Payeethe holder of the Note.

Subordination Rights Not Impaired by Acts or Omissions. of any Payer Payor 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 an act or failure to act on the part of any Payer the Payor or by any act or failure to act in good faith by any such holder, or by any noncompliance by any Payer the Payor with the terms and provisions of the 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 obligations of Payees under the holder of the Note with respect heretothereto, 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 Indebtedness, or amend, modify or supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness, Indebtedness including, without limitation, the waiver of a Default default thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from any Payeethe holder of the Note.

Subordination Rights Not Impaired by Acts or Omissions. of any Payer Company 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 any Payer the Company or by any act or failure to act in good faith by any such holder, or by any noncompliance by any Payer the Company with the terms and provisions of the 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 obligations of Payees under the holder of 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 or amend, modify or supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness, Indebtedness including, without limitation, the waiver of a Default default thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from any Payeethe holder of the Note.

Subordination Rights Not Impaired by Acts or Omissions. of any Payer or Holders of Senior Indebtedness. No right rights of any present or future holders of any Senior Indebtedness Secured Parties to enforce subordination as herein provided shall at any time and in any way be prejudiced or impaired by any an act or failure to act on the part of Subordinated Debtor, Subordinated Creditor or any Payer or by any act or failure to act in good faith by any such holderSecured Party, or by any noncompliance by any Payer Subordinated Debtor or Subordinated Creditor with the terms and provisions of the NoteIntercompany Indebtedness or this Agreement, regardless of any knowledge thereof which any such holder may have or be otherwise charged withof a Secured Party thereof. The holders of the Senior Indebtedness Secured Parties may, without in any way affecting the Obligations obligations of Payees under the Note Subordinated Creditor with respect heretothereto, 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 Indebtedness, or amend, modify or supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness, Indebtedness including, without limitation, the waiver of a Default default thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent consent from any Payeethe Subordinated Creditor, but subject to the terms and provisions of the Credit Documents.