Common use of Waiver of Stay, Extension or Usury Laws Clause in Contracts

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 5 contracts

Samples: Indenture (PRG Schultz International Inc), Indenture (Veeco Instruments Inc), Indenture (Profit Recovery Group International Inc)

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Waiver of Stay, Extension or Usury Laws. The Company covenants (Neither Borrower nor any of its Subsidiaries will at any time, to the extent that it may lawfully not do so) that it will not at any time , insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law that would prohibit or forgive Borrower or any such Subsidiary from paying all or any portion of the principal of or premium, if any, or interest on the Loans as contemplated herein, wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which that may affect the covenants or the performance of this IndentureAgreement; and the Company (and, to the extent that it may lawfully do so) , Borrower and each of its Subsidiaries hereby expressly waives all benefit or advantage of any such law, law and covenants expressly agrees that it will not hinder, delay or impede the execution of any power herein granted to the TrusteeLender, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 4 contracts

Samples: Loan Agreement (Raptor Pharmaceutical Corp), Loan Agreement (Raptor Pharmaceutical Corp), Loan Agreement (Raptor Pharmaceutical Corp)

Waiver of Stay, Extension or Usury Laws. The Each of the Company and the Guarantors covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company or any Guarantor from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any interest on such amounts, as the Securities contemplated herein, herein or in the Securities or which may affect the covenants or the performance of this Indenture; and each of the Company and the Guarantors (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 4 contracts

Samples: Seventh Supplemental Indenture (Penske Automotive Group, Inc.), Third Supplemental Indenture (Penske Automotive Group, Inc.), First Supplemental Indenture (Penske Automotive Group, Inc.)

Waiver of Stay, Extension or Usury Laws. The Company covenants Issuers covenant (to the extent that it they may lawfully do so) that it they will not at any time insist upon, or plead, plead (as a defense or otherwise) or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law which would prohibit or forgive the Issuers from paying all or any portion of the principal, premium, if any, Redemption Price or Purchase Price of, and accrued interest on, the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; Indenture and the Company (to the extent that it they may lawfully do so) the Issuers hereby expressly waives waive all benefit or advantage of any such law, and covenants covenant that it they will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 4 contracts

Samples: Indenture (Petro Financial Corp), Indenture (Petro Stopping Centers Holdings Lp), Indenture (Petro Holdings Financial Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, plead or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which that would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, on the Securities (or any interest on such amounts, interest accrued during an Extension Period or period of Default) as contemplated herein, herein or which may affect the covenants or the performance by the Company of its obligations under this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 4 contracts

Samples: Indenture (Pennsylvania Electric Co), Indenture (Metropolitan Edison Co), Indenture (Penelec Capital Trust)

Waiver of Stay, Extension or Usury Laws. The Company Issuer covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company Issuer from paying all or any portion of the principal amount, Redemption Price, Change in of Control Repurchase Price or any accrued cash interest (including Liquidated Damages, if any) in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company each Issuer (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 3 contracts

Samples: Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc), Indenture (Xcel Energy Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the any principal amountof or premium, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any interest on such the Securities (including interest, if any, due on overdue amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 3 contracts

Samples: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in of Control Repurchase Price or any accrued cash interest (including Liquidated Damages, if any) in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 3 contracts

Samples: Indenture (Freeport McMoran Copper & Gold Inc), Indenture (McMoran Exploration Co /De/), Indenture (Wabash National Corp /De)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or amount of the Securities and any accrued cash interest in respect of Notesand unpaid Interest and accrued and unpaid Liquidated Damages, or any interest if any, on such amountsSecurities, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 3 contracts

Samples: Indenture (Sierra Health Services Inc), Indenture (Ocwen Financial Corp), Indenture (Maxtor Corp)

Waiver of Stay, Extension or Usury Laws. The Company Issuer covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company Issuer from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any interest on the Securities of any particular series contemplated herein or in the Securities of such amounts, as contemplated herein, series or which may affect the covenants or the performance of this Indenture; and the Company Issuer (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Senior Debt Indenture (Caprock Communications Corp), Subordinated Debt Indenture (Caprock Communications Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountPrincipal Amount, interest (including Additional Interest and Defaulted Interest, if any) or the Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (RPM International Inc/De/), Indenture (RPM International Inc/De/)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or claim, and will resist any and all efforts to be compelled to take the benefit or advantage of, any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in forcelaw, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any and/or interest on such amounts, the Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (Thorn Apple Valley Inc), Indenture (Thorn Apple Valley Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any interest on such amounts, as the Securities of any series contemplated herein, herein or in the Securities of any series or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (RCN Corp /De/), Indenture (Cccisg Capital Trust)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest Change of Control Purchase Price in respect of NotesSecurities, or any interest interest, including Additional Amounts, if any, on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (Artesyn Technologies Inc), Indenture (Memberworks Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, plead (as a defense or otherwise) or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any stay, extension, usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Priceand/or interest and premium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any interest on such amountson, the Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and the Company hereby expressly waives (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (Ocugen, Inc.), Indenture (Collegium Pharmaceutical, Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountPrincipal Amount, Redemption Price, Make Whole Payment, Repurchase Price, Fundamental Change in Control Repurchase Redemption Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (Apex Silver Mines LTD), Indenture (Apex Silver Mines LTD)

Waiver of Stay, Extension or Usury Laws. The Company Trust or the Corporation, as the case may be, covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or claim, and will actively resist any and all efforts to be compelled to take the benefit or advantage of, any stay or extension law or any usury law or other law law, which would prohibit or forgive such Company from paying all or any portion of the principal of and/or interest on the Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) each such Company hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (Starwood Lodging Trust), Indenture (Starwood Lodging Corp)

Waiver of Stay, Extension or Usury Laws. The Company --------------------------------------- covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (Resmed Inc), Indenture (Asyst Technologies Inc /Ca/)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price Price, Offer Amount or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (PRG Schultz International Inc), Indenture (PRG Schultz International Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Purchase Price or any accrued cash interest Fundamental Change Purchase Price in respect of Notes, or any interest and Additional Interest, if any, on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (CTS Corp), Indenture (Comtech Telecommunications Corp /De/)

Waiver of Stay, Extension or Usury Laws. The Each of the Company and any other obligor on the Notes covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any interest on such amounts, as the Notes contemplated herein, herein or in the Notes or which may affect the covenants or the performance of this Indenture; and each of the Company and any other obligor on the Notes (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (Bally Franchise RSC Inc), Indenture (Bally Franchise RSC Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or amount of the Securities and any accrued cash interest in respect of Notesand unpaid Interest, or any interest and accrued and unpaid Liquidated Damages, if any, on such amountsSecurities, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (Labone Inc/), Indenture (Omi Corp/M I)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountamount of the Securities, Redemption Price, Change in Control Repurchase Price or premium and any accrued cash and unpaid interest in respect of Notes, or and any interest Unpaid Additional Interest Payments on such amountsSecurities, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 2 contracts

Samples: Indenture (Interstate Bakeries Corp/De/), Indenture (Interstate Bakeries Corp/De/)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountPrincipal Amount, Issue Price, accrued Original Issue Discount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest Purchase Price in respect of NotesSecurities, or any interest on any such amounts, as contemplated herein, or which may affect the covenants or the performance of this IndentureIndenture or the Securities; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, laws and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Bergen Brunswig Corp)

Waiver of Stay, Extension or Usury Laws. The Each of the Company and the Guarantor covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company or the Guarantor from paying all or any portion of the principal amountprincipal, interest, Redemption Price, Purchase Price or Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amountsPurchase Price, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and each of the Company and the Guarantor (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Amr Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price Designated Event Payment or any accrued and unpaid cash interest in respect of NotesSecurities, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Level 3 Communications Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, plead (as a defense or otherwise) or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash if any, and/or interest in respect of Notes, or any interest (including Additional Interest) on such amounts, the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it they may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Panamsat Corp /New/)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Pricepremium of, Change in Control Repurchase Price or any accrued cash interest in respect of Noteson, or any interest on such amountsLiquidated Damages, if any, with respect to, the Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Smartalk Teleservices Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Fundamental Change Purchase Price, Change in Control Repurchase Price or any accrued cash interest (including Liquidated Damages, if any) in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Xoma LTD /De/)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Purchase Price or any accrued cash interest Fundamental Change Purchase Price in respect of Notes, or any interest interest, Additional Amounts and Additional Interest, if any, on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Willbros Group Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Purchase Price or any accrued cash interest Fundamental Change Purchase Price in respect of Notes, or any interest (including Additional Interest, if any) on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Cray Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants ----------------------------------------------------- (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any amount of the Securities plus accrued cash and unpaid interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Mirant Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Purchase Price or any accrued cash interest Fundamental Change Purchase Price in respect of Notes, or any interest interest, Additional Amounts and Additional Interest, if any, on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Willbros Group Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountPrincipal Amount, Redemption Issue Price, Change in Control Repurchase accrued Original Issue Discount, accrued Additional Interest or Redemption Price or any accrued cash interest in respect of Notes, or any interest on such amountsSecurities, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, laws and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Hanover Compressor Co /)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountAccreted Value, Restated Principal Amount, Redemption Price, Purchase Price or Change in Control Repurchase Purchase Price or any accrued cash interest in respect of NotesSecurities, or any interest on such amountscash interest, if any, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Manpower Inc /Wi/)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption PricePrincipal Amount, Change in Control Repurchase Purchase Price or any accrued cash and interest in respect of NotesSecurities, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Allergan Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the full extent that it may lawfully do sopermitted by applicable law) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, and will actively resist any attempts to claim the benefit of any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect Accreted Value of Notes, or any interest on such amounts, the Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and the Company (to the full extent that it may lawfully do sopermitted by applicable law) the Company hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Building Materials Corp of America)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Purchase Price or any accrued cash interest Change of Control Purchase Price in respect of NotesSecurities, or any interest interest, including additional interest, if any, on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Fairfax Financial Holdings LTD/ Can)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Fundamental Change Repurchase Price, Change plus accrued and unpaid interest (including Additional Interest and Additional Amounts) on the Securities contemplated herein or in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, the Securities or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (New Century Financial Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Purchase Price, Purchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Osi Pharmaceuticals Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountPrincipal Amount at Maturity, Issue Price, Accrued Original Issue Discount, Redemption Price, Change in Control Repurchase Purchase Price or any accrued cash interest and Contingent Cash Interest, if any, in respect of NotesSecurities, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Laboratory Corp of America Holdings)

Waiver of Stay, Extension or Usury Laws. The Company --------------------------------------- covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount(and premium, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, if any) or any interest on any such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, laws and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Motorola Inc)

Waiver of Stay, Extension or Usury Laws. The Company Each of the Investor and the Obligors covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law that would prohibit or forgive the Investor and/or any Obligor, as the case may be, from paying all or any portion of the principal of and/or interest on the Advances as contemplated herein, wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; Schedule, and the Company (to the extent that it may lawfully do so) each of the Investor and/or any Obligor hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the TrusteeLender, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Facility Agreement (Central European Distribution Corp)

Waiver of Stay, Extension or Usury Laws. The Company --------------------------------------- covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or claim, and will resist any and all efforts to be compelled to take the benefit or advantage of, any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in force, which that would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price of or any accrued cash interest in respect of Notes, or any interest on such amounts, the Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Danbury Pharmacal Puerto Rico Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or amount of the Securities and any accrued cash interest in respect of Notesand unpaid Interest and any accrued and unpaid Additional Interest, or any interest if any, on such amountsSecurities, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Invacare Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or amount of the Securities and any accrued cash interest in respect of Notesand unpaid Interest and accrued and unpaid Additional Amounts, or any interest if any, on such amountsSecurities, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Charming Shoppes Inc)

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Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountAccreted Value, Redemption Price, Purchase Price or Change in Control Repurchase Purchase Price or any accrued cash interest in respect of NotesSecurities, or any interest on such amountsinterest, if any, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Xl Capital LTD)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in of Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Regeneron Pharmaceuticals Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or claim, and will resist any and all efforts to be compelled to take the benefit or advantage of, any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in force, which that would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Noteson, or any interest on such amountsSpecial Interest, if any, with respect to, the Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the TrusteeTrustee herein, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Trans World Airlines Inc /New/)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, amount or Change in of Control Repurchase Purchase Price or any accrued cash interest in respect of NotesSecurities, Pass-Through Dividends, Liquidated Damages or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Pg&e Corp)

Waiver of Stay, Extension or Usury Laws. The Company Borrower covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, plead (as a defense or otherwise) or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law which would prohibit or forgive the Borrower from paying all or any portion of the principal of, premium, if any, and/or interest on the Loans as contemplated herein, wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this IndentureAgreement; and the Company (to the extent that it may lawfully do so) the Borrower hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the TrusteeAdministrative Agent, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Term Loan Agreement (Paxson Communications Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Purchase Price or any accrued cash interest Change of Control Purchase Price in respect of NotesSecurities, or any interest, including contingent interest and additional interest, if any, on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Odyssey Re Holdings Corp)

Waiver of Stay, Extension or Usury Laws. The Company Partnership covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company Partnership from paying all or any portion of the principal amountPrincipal Amount, interest (including Defaulted Interest, if any) or the Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company Partnership (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (RPM International Inc/De/)

Waiver of Stay, Extension or Usury Laws. The Company covenants (Issuer and each Guarantor covenants, to the extent that it may lawfully do so) , that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law that would prohibit or forgive the Issuer or the Guarantor from paying all or any portion of the principal of, or interest, including Additional Interest, if any, on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which that may affect the covenants or the performance of this the Indenture; . The Issuer and the Company (each Guarantor hereby expressly waives, to the extent that it may lawfully do so) hereby expressly waives , all benefit or advantage of any such law, law and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Radioshack Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Purchase Price or any accrued cash interest Fundamental Change Purchase Price in respect of Notesthe Securities, or any interest (including Contingent Interest and Additional Interest, if any) on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (DRS Technologies Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist uponon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in force, which that would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Price, Change in Control Repurchase Price premium (if any) or any accrued cash interest in respect of Notes, or any interest on such amounts, and any Additional Amounts with respect to the Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Egl Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued and unpaid cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Openwave Systems Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in force, which that would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Pricepremium, Change if any, or interest on the Notes as contemplated herein or in Control Repurchase Price or any accrued cash interest in respect of the Notes, wherever enacted, now or at any interest on such amounts, as contemplated hereintime hereafter in force, or which that may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.. ARTICLE FIVE SUCCESSOR CORPORATION

Appears in 1 contract

Samples: Indenture (Jsce Inc)

Waiver of Stay, Extension or Usury Laws. The Each of the Company and the Guarantors covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company or any Guarantor from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any interest on such amounts, as the Securities contemplated herein, herein or in the Securities or which may affect the covenants or the performance of this Indenture; and each of the Company and the Guarantors (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.. ARTICLE SIX

Appears in 1 contract

Samples: Indenture (Chemical Leaman Corp /Pa/)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, plead (as a defense or otherwise) or in any manner whatsoever claim or take the benefit or advantage of, any stay or stay, extension law, usury law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any and/or interest on such amounts, the Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Wellman Inc)

Waiver of Stay, Extension or Usury Laws. The Each of the Company and any other obligor on the Notes covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any interest on such amounts, as the Notes contemplated herein, herein or in the Notes or which may affect the covenants or the performance of this Indenture; and each of the Company and any other obligor on the Notes (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any - 74 - such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Bally Total Fitness Holding Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in force, which that would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any interest on such amounts, the Securities of any Series as contemplated herein, wherever enacted, now or which at any time hereafter in force, or that may affect the covenants or the performance of this Indenture; , as modified or supplemented by a Board Resolution, a supplemental Indenture or an Officers' Certificate, and the Company (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Winstar Communications Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants Issuers covenant (to the extent that it they may lawfully do so) that it they will not at any time insist upon, or plead, plead (as a defense or otherwise) or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law which would prohibit or forgive the Issuers from paying all or any portion of the Accreted Value of, premium, if any, and/or interest on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it they may lawfully do so) the Issuers hereby expressly waives waive all benefit or advantage of any such law, and covenants covenant that it they will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Muzak Holdings Finance Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Purchase Price or any accrued cash interest Designated Event Purchase Price in respect of NotesSecurities, or any interest and Additional Interest, if any, on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Concord Communications Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Purchase Price or any accrued cash interest Fundamental Change Purchase Price in respect of Notes, or any interest (including Contingent Interest and Additional Interest, if any) on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Synaptics Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Provisional Redemption Price, Put Right Repurchase Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notes, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this 52 Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Finisar Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, plead (as a defense or otherwise) or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Priceprincipal, Change in of Control Repurchase Purchase Price or any accrued cash interest in respect of NotesExcess Cash Flow Purchase Price of, or any accrued interest on such amountson, the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and the . The Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Labranche & Co Inc)

Waiver of Stay, Extension or Usury Laws. The Company --------------------------------------- covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Purchase Price or any accrued cash interest Change of Control Purchase Price in respect of NotesSecurities, or any interest, including contingent interest and additional interest, if any, on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Pmi Group Inc)

Waiver of Stay, Extension or Usury Laws. The Each of the Company and Xxxxxxxx covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company or Xxxxxxxx from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any interest on such amounts, as the KDSM Senior Debentures contemplated herein, herein or in the KDSM Senior Debentures or which may affect the covenants or the performance of this Indenture; and each of the Company and Xxxxxxxx (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.. ARTICLE SIX

Appears in 1 contract

Samples: Indenture (Sinclair Broadcast Group Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, plead (as a defense or otherwise) or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any and/or interest on such amounts, the Notes as contemplated 48 -41- herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Park Ohio Industries Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase amount or Designated Event Purchase Price or any accrued cash interest in respect of NotesSecurities, or any interest (inclusive of Additional Interest, if any) on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will shall not hinder, delay or impede the execution of any power herein granted to the Trustee, but will shall suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Immunomedics Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of any interest installment (including contingent interest, if any), the principal amountPrincipal Amount, Redemption Price, Purchase Price, Change in Control Repurchase Purchase Price or any accrued cash interest interest, if any, due on overdue amounts in respect of Notes, or any interest on such amountsthe securities, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, law and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Medicis Pharmaceutical Corp)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other similar law wherever enacted, now or at any time hereafter in force, which that would prohibit or forgive the Company from paying all or any portion of the principal amount, Redemption Price, Change in Control Repurchase Price or any accrued cash interest in respect of Notesof, or any interest on such amountsand Additional Interest, if any, on, or Fundamental Change Repurchase Price in respect of, the Securities, as contemplated herein, or which such laws that may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Pharmaceutical Resources Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will shall not at any time insist upon, or plead, plead (as a defense or otherwise) or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury law or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amountof, Redemption Pricepremium, Change in Control Repurchase Price or any accrued cash interest in respect of Notesif any, or any and/or interest on such amounts, the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this IndentureAgreement; and (to the extent that they may lawfully do so) the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants (to the extent that it may lawfully do so) that it will not hinder, delay or impede the execution of any power herein granted to the TrusteePurchasers, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Purchase Agreement (Pca International Inc)

Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it will not at any time insist upon, or plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay or extension law or any usury or other law wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company from paying all or any portion of the principal amount, Accreted Value, Redemption Price, Purchase Price or Change in Control Repurchase Purchase Price or any accrued cash interest in respect of NotesSecurities, or any interest on such amounts, as contemplated herein, or which may affect the covenants or the performance of this Indenture; and the Company (to the extent that it may lawfully do so) hereby expressly waives all benefit or advantage of any such law, and covenants that it will not hinder, delay or impede the execution of any power herein granted to the Trustee, but will suffer and permit the execution of every such power as though no such law had been enacted.

Appears in 1 contract

Samples: Indenture (Cendant Corp)

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