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 in this First Supplemental Indenture or Base Indenture 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, provisions, and covenants of this First Supplemental Indenture or Base Indenture, regardless of any knowledge which any such holder may have or be otherwise charged with. The holders of Senior Indebtedness may, at any time or from time to time and in their absolute discretion, change the manner, place, or terms of payment, change or extend the time of payment of, or renew or alter, any such Senior Indebtedness, or amend or supplement any instrument pursuant to which any such Senior Indebtedness is issued or by which it may be secured, or release any security, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness including, without limitation, the waiver of default, all without notice to or assent from the Holders of the Notes or the Trustee and without affecting the obligations of the Company, the Trustee, or the Holders of the Notes under this Article III.
Appears in 1 contract
Samples: First Supplemental Indenture (Customers Bancorp, 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 herein provided in this First Supplemental Indenture or Base Indenture 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, act in good faith, faith by any such holder, or by any noncompliance by the Company with the terms, provisions, terms and covenants provisions of this First Supplemental Indenture or Base 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 hereto, at any time or from time to time and in their absolute discretion, change the manner, place, place or terms of paymentpayment of, change or extend the time of payment of, or renew or alter, any such Senior IndebtednessIndebtedness or amend, or amend modify or supplement any agreement or instrument pursuant to which any governing or evidencing such Senior Indebtedness is issued or by which it may be secured, or release any securityother 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 defaultdefault thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the Holders holder of the Notes or the Trustee and without affecting the obligations of the Company, the Trustee, or the Holders of the Notes under this Article IIINote.
Appears in 1 contract
Samples: Credit Agreement (Therma Wave Inc)
Subordination Rights. Not Impaired by Acts or Omissions of the Company Issuer or Holders of Senior IndebtednessIndebtedness of the Issuer. No right of any present or future holders of any Senior Indebtedness of the Issuer to enforce subordination as herein provided in this First Supplemental Indenture or Base Indenture shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Issuer with the terms, provisions, provisions and covenants of this First Supplemental Indenture or Base Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of Senior Indebtedness may, of the Issuer may at any time or from time to time and in their absolute discretion, change the manner, place, place or terms of payment, change or extend the time of payment of, or renew or alter, any such Senior Indebtedness, or amend or supplement any instrument pursuant to which any such Senior Indebtedness is issued or by which it may be secured, or release any securitysecurity therefor, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness of the Issuer including, without limitation, the waiver of defaultdefault thereunder, all without notice to or assent from the Holders holders of the Notes Securities or Coupons or the Trustee and without affecting the obligations of the CompanyIssuer, the Trustee, Trustee or the Holders holders of the Notes Securities or Coupons under this Article IIIArticle.
Appears in 1 contract
Samples: Indenture (J P Morgan Chase & Co)
Subordination Rights. Not Impaired by Acts or Omissions of the Company Holdings or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce subordination as herein provided in this First Supplemental Indenture or Base Indenture shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Holdings or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Company Holdings with the terms, provisions, terms and covenants provisions of this First Supplemental Indenture or Base 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 hereto, at any time or from time to time and in their absolute discretion, change the manner, place, place or terms of paymentpayment of, change or extend the time of payment of, or renew or alter, any such Senior IndebtednessIndebtedness or amend, or amend modify, or supplement any agreement or instrument pursuant to which any governing or evidencing such Senior Indebtedness is issued or by which it may be secured, or release any securityother 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 defaultdefault thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the Holders holder of the Notes or the Trustee and without affecting the obligations of the Company, the Trustee, or the Holders of the Notes under this Article IIINote.
Appears in 1 contract
Samples: Credit Agreement (Aearo Corp)
Subordination Rights. Not Impaired by Acts or Omissions of the Company Maker or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness Obligations to enforce subordination as herein provided in this First Supplemental Indenture or Base Indenture shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Maker or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Company Maker with the terms, provisions, terms and covenants provisions of this First Supplemental Indenture or Base IndentureNote, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness Obligations may, without in any way affecting the obligations of the Holder with respect these subordination provisions, at any time or from time to time and in their absolute discretion, change the manner, place, place or terms of paymentpayment of, change or extend the time of payment of, or renew or alter, any such Senior IndebtednessObligations, or amend amend, modify or supplement any agreement or instrument pursuant to which any governing or evidencing such Senior Indebtedness is issued Obligations or by which it may be secured, or release any securityother document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness Obligations including, without limitation, the waiver of defaultdefault thereunder and the release of any collateral securing such Senior Obligations, all without notice to or assent from the Holders of the Notes or the Trustee and without affecting the obligations of the Company, the Trustee, or the Holders of the Notes under this Article IIIHolder.
Appears in 1 contract
Samples: Note (Banzai International, Inc.)
Subordination Rights. Not Impaired by Acts or Omissions of the Company Payor or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce subordination as herein provided in this First Supplemental Indenture or Base Indenture shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Payor or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Company Payor with the terms, provisions, terms and covenants provisions of this First Supplemental Indenture or Base 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, place or terms of paymentpayment of, change or extend the time of payment of, or renew or alter, any such Senior Indebtedness, or amend amend, modify or supplement any agreement or instrument pursuant to which any governing or evidencing such Senior Indebtedness is issued or by which it may be secured, or release any securityother 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 defaultdefault thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the Holders holder of the Notes or the Trustee and without affecting the obligations of the Company, the Trustee, or the Holders of the Notes under this Article IIINote.
Appears in 1 contract
Subordination Rights. Not not Impaired by Acts or Omissions of the Company Payor or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce subordination as herein provided in this First Supplemental Indenture or Base Indenture shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Payor or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance by the Company Payor with the terms, provisions, terms and covenants provisions of this First Supplemental Indenture or Base 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 hereto, at any time or from time to time and in their absolute discretion, change the manner, place, place or terms of paymentpayment of, change or extend the time of payment of, or renew or alter, any such Senior IndebtednessIndebtedness or amend, or amend modify or supplement any agreement or instrument pursuant to which any governing or evidencing such Senior Indebtedness is issued or by which it may be secured, or release any securityother 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 defaultdefault thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the Holders holder of the Notes or the Trustee and without affecting the obligations of the Company, the Trustee, or the Holders of the Notes under this Article IIINote.
Appears in 1 contract