Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 Company from paying all or any portion of the principal of, premium, if any, or interest or Additional Interest, if any, on 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 (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant that it shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral Agent, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 5 contracts
Samples: Indenture (Boston Gear LLC), Indenture (CitiSteel PA, Inc.), Indenture (Sand Springs Railway CO)
Waiver of Stay, Extension or Usury Laws. The Company Issuer covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, or plead, or in any manner whatsoever claim or claim, and shall 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 that which would prohibit or forgive the Company Issuer from paying all or any portion of the principal of, premium, if any, of or interest or Additional Interest, if any, on the Notes 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 (to the extent that it may lawfully do so) the Company Issuer hereby expressly waives all benefit or advantage of any such law, law and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral Agent, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 4 contracts
Samples: Indenture (Trans World Gaming Corp), Indenture (Value Partners LTD /Tx/), Indenture (Trans World Gaming Corp)
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 Company from paying all or any portion of the principal of, premium, if any, or interest or Additional Interest, if any, on 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 (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant that it shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Indenture (Altra Industrial Motion, Inc.), Indenture (CitiSteel PA, Inc.), Indenture (Hawk 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 shall not at any time insist upon, 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 law, which would prohibit or forgive the Company or such Guarantor from paying all or any portion of the principal of, premium, if any, or interest or Additional Interestof and/or interest, if any, on the Notes 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 (to the extent that it may lawfully do so) the Company and each Guarantor hereby expressly waives waive all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Indenture (Scot Inc), Indenture (Leap Wireless International Inc), Indenture (Aerolink International Inc)
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it 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 which would prohibit or forgive the Company from paying all or any portion of the Accreted Value of, the principal of, premiumor interest, if any, or interest or Additional Interest, if any, on the Notes 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 (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, will not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)
Waiver of Stay, Extension or Usury Laws. The Company Issuer and each Guarantor covenants (to the extent that it may lawfully do sopermitted by applicable law) that it they shall not at any time insist upon, 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 Company such Issuer or such Guarantor from paying all or any portion of the principal of, premium, if any, or of and/or interest or Additional Interest, if any, on the Notes or the Note Guarantee of any such Guarantor 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 (to the extent that it may lawfully do sopermitted by applicable law) the Company each hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Indenture (Seitel Inc), Indenture (Seitel Inc), Indenture (Matrix Geophysical, Inc.)
Waiver of Stay, Extension or Usury Laws. (a) The Company covenants hereby (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 that which would prohibit or forgive the Company from paying all or any portion of the principal of, premium, if any, or interest or Additional InterestLiquidated Damages, if any, and interest on or with respect to the Notes 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 (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 3 contracts
Samples: Indenture (Southern Natural Gas Co), Indenture (Southern Natural Gas Co), Indenture (Anr Pipeline Co)
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 shall not at any time insist upon, 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 law, which would prohibit or forgive the Company or such Guarantor from paying all or any portion of the principal of, premium, if any, or interest or Additional Interestof and/or interest, if any, on the Notes 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 (to the extent that it may lawfully do so) the Company and each Guarantor hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Timber Tech Inc), Indenture (Carrols Corp)
Waiver of Stay, Extension or Usury Laws. The Each of the Company and any Guarantor covenants (to the extent that it may lawfully do so) that it 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 Company or such Guarantor from paying all or any portion of the principal of, premium, if any, or interest or Additional Interest, if any, on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or which that may affect the covenants or the performance of this Indenture; and (to the extent that it may lawfully do so) each of the Company and any Guarantor hereby expressly waives all benefit or advantage of any such law, law and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Manitowoc Co Inc), Indenture (Manitowoc Co Inc)
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it 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 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 of, premium, if anyamount or Fundamental Change Purchase Price in respect of Notes, or any interest or and Additional Interest, if any, on the Notes such amounts, 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 covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Sirius Xm Radio Inc.), Indenture (Xm Satellite Radio Holdings 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 shall not at any time insist upon, 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 law, which would prohibit or forgive the Company or such Guarantor from paying all or any portion of the principal of, premium, if any, or interest or Additional Interestof and/or interest, if any, on 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 (to the extent that it may lawfully do so) the Company and each Guarantor hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Tanner Chemicals Inc), Indenture (Amo Holdings LLC)
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it shall 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 that law, which would prohibit or forgive the Company from paying all or any portion of the principal of, premium, if any, or of and/or interest or Additional Interest, if any, on the Notes Securities as contemplated hereinin this Indenture, wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, will not hinder, delay or impede the execution of any power herein in this Indenture granted to the Trustee or Collateral AgentTrustee, but shall 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 (Kforce Inc), Subordinated Debt Indenture (Kforce Inc)
Waiver of Stay, Extension or Usury Laws. The Company Each Indenture Obligor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, 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 wherever enacted, now or at any time hereafter in force, which would prohibit or forgive the Company such Indenture Obligor from paying all or any portion of the principal of, premium, if any, or interest or Additional Interest, if any, on the Notes as Securities contemplated herein, wherever enacted, now herein or at any time hereafter in force, the Securities or which may affect the covenants or the performance of this Indenture; and . Each Indenture Obligor (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, law and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Pioneer Companies Inc), Indenture (Pioneer Companies Inc)
Waiver of Stay, Extension or Usury Laws. The Company Issuer and each Guarantor covenants (to the extent that it may lawfully do sopermitted by applicable law) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the 57 benefit or advantage of, any stay or extension law or any usury law or other law that would prohibit or forgive the Company Issuer from paying all or any portion of the principal of, premium, if any, of or interest or Additional Interest, if any, on 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 (to the extent that it may lawfully do sopermitted by applicable law) the Company Issuer and each Guarantor hereby expressly waives all benefit or advantage of any such law, and covenant covenants (to the extent permitted by applicable law) that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Sensata Technologies Holding PLC), Indenture (Sensata Technologies Holding PLC)
Waiver of Stay, Extension or Usury Laws. The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 law, which would prohibit or forgive the Company or such Guarantor from paying all or any portion of the principal of, premium, if any, or interest or Additional Interestof and/or interest, if any, on the Notes Securities as contemplated herein, wherever enacted, now or at any time hereafter in force, or which may affect the covenants cove- nants or the performance of this Indenture; and (to the extent that it may lawfully do so) the Company and each Guarantor hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Tci Satellite Entertainment Inc), Indenture (Tci Satellite Entertainment 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 shall not at any time insist upon, plead, or 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 that which would prohibit or forgive the Company Issuers from paying all or any portion of the principal of, premium, if any, or and/or interest or Additional Interest, if any, on 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 (to the extent that it they may lawfully do so) the Company Issuers hereby expressly waives waive all benefit or advantage of any such law, and covenant that it they shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 2 contracts
Samples: Indenture (Stonemor Partners Lp), Indenture (Stonemor Partners Lp)
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it 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 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 ofamount, premiumRedemption Price, if anyPurchase Price or Fundamental Change Purchase Price in respect of Securities, or any interest or Additional Intereston such amounts, if any, on 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 may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Komag Inc /De/)
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 shall not at any time insist upon, plead, or 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 that which would prohibit or forgive the Company Issuers from paying all or any portion of the Accreted Value, principal of, premium, if any, or and/or interest or Additional Interest, if any, on 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 (to the extent that it they may lawfully do so) the Company Issuers hereby expressly waives waive all benefit or advantage of any such law, and covenant that it shall not, by resort to any such law, they will not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (TWP Capital Corp Ii)
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 shall not at any time insist upon, 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 law, which would prohibit or forgive the Company Company, or such Guarantor from paying all or any portion of the principal of, premium, if any, or interest or Additional Interestof and/or interest, if any, on the Notes 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 (to the extent that it may lawfully do so) the Company and each Guarantor hereby expressly waives waive all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Roma Fort Worth Inc)
Waiver of Stay, Extension or Usury Laws. The Company Borrower covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 law, which would prohibit or forgive the Company Borrower from paying all or any portion of the principal of, premium, if any, or interest or Additional Interestof and/or interest, if any, on the Notes Loans 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 or any other Loan Document; and (to the extent that it may lawfully do so) the Company Borrower hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee Administrative Agent or the Collateral AgentAgent herein or in any other Loan Document, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Waiver of Stay, Extension or Usury Laws. The Company covenants and the Guarantors covenant (to the extent that it they may lawfully do so) that it they shall not at any time insist upon, 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 law, which would prohibit or forgive the Company or such Guarantor from paying all or any portion of the principal of, premium, if any, or interest or Additional Interestof and/or interest, if any, on the Notes 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 (to the extent that it they may lawfully do so) each of the Company and the Guarantor hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it shall will not at any time insist upon, 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 wherever enacted which would prohibit or forgive the Company from paying all or any portion of the principal of, premium, if any, of or interest or Additional Interest, if any, on the Notes 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 (to the extent that it they may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such lawlaw insofar as such law applies to the Securities, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Us Foodservice/Md/)
Waiver of Stay, Extension or Usury Laws. The Company Each of the Issuer and any Guarantor covenants (to the extent that it may lawfully do so) that it 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 Company Issuer or such Guarantor from paying all or any portion of the principal of, premium, if any, or interest or Additional Interest, if any, on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or which that may affect the covenants or the performance of this Indenture; and (to the extent that it may lawfully do so) each of the Company Issuer and any Guarantor hereby expressly waives all benefit or advantage of any such law, law and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or the Collateral Agent, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Manitowoc Co Inc)
Waiver of Stay, Extension or Usury Laws. The Company Each Issuer covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 Company any Issuer from paying all or any portion of the principal of, premium, if any, or interest or Additional Special Interest, if any, on 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 (to the extent that it may lawfully do so) the Company each Issuer hereby expressly waives all benefit or advantage of any such law, and covenant that it shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee, the Security Trustee or the Collateral Agent, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Waiver of Stay, Extension or Usury Laws. The Company covenants hereby (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 which would prohibit or forgive the Company from paying all or any portion of the principal of, premium, if any, or interest or Additional Interest, if any, and interest on or with respect to the Notes 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 (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
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 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 Company from paying all or any portion of the principal of, premium, if any, or interest or 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 it from paying all or any portion of the principal in respect of the Securities, or any accrued and unpaid cash interest on such amount, as contemplated herein, 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) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Best Buy Co Inc)
Waiver of Stay, Extension or Usury Laws. The Company Borrower covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 law, which would prohibit or forgive the Company Borrower from paying all or any portion of the principal of, premium, if any, or of and/or interest or Additional Interest, if any, on the Notes Loans 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 it may lawfully do so) the Company Borrower hereby expressly waives all benefit or advantage of any such law, law and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee Administrative Agent or Collateral Agentthe Lenders, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Waiver of Stay, Extension or Usury Laws. The Company covenants hereby (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 that which would prohibit or forgive the Company from paying all or any portion of the principal of, premium, if any, or interest or Additional InterestLiquidated Damages, if any, and interest on or with respect to the Notes 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 (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (El Paso Natural Gas Co)
Waiver of Stay, Extension or Usury Laws. The Company and each Guarantor covenants (to the extent that it may lawfully do so) that it 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 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 of, premium, if any, or interest or Additional Interest, if any, on the Loans contemplated herein or in 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 the Company and each Guarantor (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral Agent, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 law, which would prohibit or forgive the Company from paying all or any portion of the principal of, premium, if any, or interest or Additional Interestof and/or interest, if any, on the Notes Loans 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 or any other Transaction Document; and (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee Lender herein or Collateral Agentin any other Transaction Document, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Convertible Senior Subordinated Promissory Note and Warrant Purchase Agreement (Electric City Corp)
Waiver of Stay, Extension or Usury Laws. The Company Issuer covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 Company Issuer from paying all or any portion of the principal of, premium, if any, or interest or Additional Interest, if any, on 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 (to the extent that it may lawfully do so) the Company Issuer hereby expressly waives all benefit or advantage of any such law, and covenant that it shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral Agent, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Verrazano,inc.)
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 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 Company from paying all or any portion of the principal of, premium, if any, or interest or 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 it from paying all or any portion of the principal amount in respect of the Securities, or any interest on such amount, or from paying all or any portion of the amount payable in respect of the Guarantee, as the case may be, 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) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Best Buy Co Inc)
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or 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 that which would prohibit or forgive the Company from paying all or any portion of the principal Accreted Value of, premium, if any, or and/or interest or Additional Interest, if any, on 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 (to the extent that it they may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, will not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it 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 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 ofamount of the Securities and any accrued and unpaid Interest, premium, if any, or interest or Additional any accrued and unpaid Contingent Interest, if any, and accrued and unpaid Additional Amounts, if any, on the Notes 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 covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (CBIZ, Inc.)
Waiver of Stay, Extension or Usury Laws. The Notes shall not be subject to Section 515 of the Base Indenture, but shall be subject to the following provision in lieu thereof: “Each of the Company and the Subsidiary Guarantors covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or in any manner whatsoever claim or take the benefit or advantage of, any stay stay, extension or extension law or any usury law or other law that would prohibit or forgive the Company from paying all or any portion of the principal of, premium, if any, or interest or Additional Interest, if any, on the Notes as contemplated herein, wherever enacted, now or at any time hereafter in force, or which that may affect the covenants or the performance of this Indenture; and each of the Company and the Subsidiary Guarantors (to the extent that it may lawfully do so) the Company ), hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had has been enacted.”
Appears in 1 contract
Samples: First Supplemental Indenture (Perry Ellis International Inc)
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it 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 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 of, premium, if any, or interest or Additional amount of the Securities and any accrued and unpaid Interest, if any, on the Notes 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 covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (School Specialty Inc)
Waiver of Stay, Extension or Usury Laws. The Company Issuer covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or 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 that which would prohibit or forgive the Company Issuer from paying all or any portion of the principal of, premium, if any, or and/or interest or Additional Interest, if any, on 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 (to the extent that it may lawfully do so) the Company Issuer hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Hilltop Holdings Inc.)
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, plead, or 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 that which would prohibit or forgive the Company from paying all or any portion of the principal of, premium, if any, or and/or interest or Additional Interest, if any, on the Notes 52 -44- 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 (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, will not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it shall will not at any time insist upon, 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 which would prohibit or forgive the Company from paying all or any portion of the principal of, premiumpremium of, if anyinterest on, or interest or Additional InterestAmounts with respect to, if any, on the Notes 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 (to the extent that it may lawfully do so) the Company hereby expressly ex- pressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, will not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall will suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Checkpoint Systems Inc)
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 Company from paying all or any portion of the principal of, premium, if any, or interest or Additional Interest, if any, on 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 (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant that it shall not, by resort to any such law, hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral Agent, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Waiver of Stay, Extension or Usury Laws. The Company covenants hereby (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 which would prohibit or forgive the Company from paying all or any portion of the principal of, premium, if any, or interest or Additional InterestLiquidated Damages, if any, and interest on or with respect to the Notes 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 (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Hard Rock Hotel Inc)
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, or plead, or in any manner whatsoever claim or claim, and shall 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 that which would prohibit or forgive the Company from paying all or any portion of the principal of, premium, if any, or of and/or interest or Additional Interest, if any, on the Notes 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 (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, law and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral Agent, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Hudson United Bancorp)
Waiver of Stay, Extension or Usury Laws. The Company covenants (to the extent that it may lawfully do so) that it shall not at any time insist upon, 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 law, which would prohibit or forgive the Company from paying all or any portion of the Accreted Value or principal of, premium, if any, or interest or Additional Interestof and/or interest, if any, on the Notes Securities as contemplated herein, 44 -38- wherever enacted, now or at any time hereafter in force, or which may affect the covenants or the performance of this Indenture; and (to the extent that it may lawfully do so) the Company hereby expressly waives all benefit or advantage of any such law, and covenant covenants that it shall not, by resort to any such law, not hinder, delay or impede the execution of any power herein granted to the Trustee or Collateral AgentTrustee, but shall suffer and permit the execution of every such power as though no such law had been enacted.
Appears in 1 contract
Samples: Indenture (Trans Resources Inc)