Common use of No Waiver of Subordination Provisions Clause in Contracts

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior and Subordinated Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the immediately preceding paragraph, the holders of Senior and Subordinated Debt may, at any time and from to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior and Subordinated Debt, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior and Subordinated Debt, or otherwise amend or supplement in any manner Senior and Subordinated Debt or any instrument evidencing the same or any agreement under which Senior and Subordinated Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior and Subordinated Debt; (iii) release any Person liable in any manner for the collection of Senior and Subordinated Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 16 contracts

Samples: PCC Capital I, Greater Bay Bancorp, First Interstate Bancsystem of Montana Inc

AutoNDA by SimpleDocs

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior and Subordinated Debt Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Corporation or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Corporation with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the immediately preceding paragraph, the holders of Senior and Subordinated Debt Indebtedness may, at any time and from to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination as provided in this Article XIII or the obligations hereunder of the such Holders of the Securities to the holders of Senior and Subordinated DebtIndebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior and Subordinated DebtIndebtedness, or otherwise amend or supplement in any manner Senior and Subordinated Debt Indebtedness or any instrument evidencing the same or any agreement under which Senior and Subordinated Debt Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior and Subordinated DebtIndebtedness; (iii) release any Person liable in any manner for the collection of Senior and Subordinated DebtIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.

Appears in 7 contracts

Samples: Trust Agreement (DPL Inc), Indenture (Centura Banks Inc), Colonial Bancgroup Inc

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior and Subordinated Debt Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of or any knowledge thereof that any such holder may have or otherwise be otherwise charged with. Without in any way limiting the generality of the immediately preceding paragraph, the holders of Senior and Subordinated Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior and Subordinated DebtIndebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior and Subordinated DebtIndebtedness, or otherwise amend or supplement in any manner Senior and Subordinated Debt Indebtedness or any instrument evidencing the same or any agreement under which Senior and Subordinated Debt Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior and Subordinated DebtIndebtedness; (iii) release any Person liable in any manner for the collection of Senior and Subordinated DebtIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Metris Companies Inc), Ocwen Financial Corp

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior and Subordinated Debt Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the immediately preceding foregoing paragraph, the holders of Senior and Subordinated Debt Indebtedness may, at any time and and, from time to time, without the consent of of, or notice to to, the Trustee or the Holders of the SecuritiesSecurities of that series, without incurring responsibility to the Holders of the Securities of that series and without impairing or releasing the subordination provided in this Article Sixteen or the obligations hereunder of the Holders of the Securities of that series to the holders of such Senior and Subordinated DebtIndebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior and Subordinated DebtIndebtedness, or otherwise amend or supplement in any manner Senior and Subordinated Debt Indebtedness or any instrument evidencing the same or any agreement under which Senior and Subordinated Debt Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior and Subordinated DebtIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior and Subordinated DebtIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and or any other Person.

Appears in 2 contracts

Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior and Subordinated Debt of the Issuer to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the immediately preceding foregoing paragraph, the holders of Senior and Subordinated Debt of the Issuer may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior and Subordinated DebtDebt of the Issuer, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior and Subordinated DebtDebt of the Issuer, or otherwise amend or supplement in any manner Senior and Subordinated Debt of the Issuer or any instrument evidencing the same or any agreement under which Senior and Subordinated Debt of the Issuer is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior and Subordinated DebtDebt of the Issuer; (iii) release any Person liable in any manner for the collection of Senior and Subordinated DebtDebt of the Issuer; and (iv) exercise or refrain from exercising any rights against the Company Issuer and any other Person.

Appears in 2 contracts

Samples: Subordinated Indenture (Enstar Finance LLC), Enstar Finance LLC

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior and Subordinated Debt Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the immediately preceding foregoing paragraph, the holders of Senior and Subordinated Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNoteholders, without incurring responsibility to the Holders of the Securities Noteholders and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities Noteholders to the holders of Senior and Subordinated DebtIndebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior and Subordinated DebtIndebtedness, or otherwise amend or supplement in any manner Senior and Subordinated Debt Indebtedness or any instrument evidencing the same or any agreement under which Senior and Subordinated Debt Indebtedness is outstanding; (ii) permit the Company to borrow, repay and then reborrow any or all of the Senior Indebtedness; (iii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior and Subordinated DebtIndebtedness; (iiiiv) release any Person liable in any manner for the collection of Senior and Subordinated DebtIndebtedness; and (ivv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Aurora Electronics Inc, Cerplex Group Inc/De

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior and Subordinated Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the immediately preceding paragraph, the holders of Senior and Subordinated Debt may, at any time and from to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior and Subordinated Debt, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior and Subordinated Debt, or otherwise amend or supplement in any manner Senior and Subordinated Debt or any instrument evidencing the same or any agreement under which Senior and Subordinated Debt is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior and Subordinated Debt; (iiic) release any Person liable in any manner for the collection of Senior and Subordinated Debt; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Asbc Capital Ii, Associated Banc-Corp

AutoNDA by SimpleDocs

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior and Subordinated Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Success Bancshares or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Success Bancshares with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the immediately preceding paragraph, the holders of Senior and Subordinated Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior and Subordinated Debt, do any one or more of the following: (i) change the manner, place or terms of payment or extend extent the time of payment of, or renew or alter, Senior and Subordinated Debt, or otherwise amend or supplement in any manner Senior and Subordinated Debt or any instrument evidencing the same or any agreement under which Senior and Subordinated Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior and Subordinated Debt; (iii) release any Person liable in any manner for the collection of Senior and Subordinated Debt; and (iv) exercise or refrain from exercising any rights against the Company Success Bancshares and any other Person.

Appears in 1 contract

Samples: Success Bancshares Inc

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior and Debt or Subordinated Debt Indebtedness of the Company to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the immediately preceding foregoing paragraph, the holders of Senior and Debt or Subordinated Debt Indebtedness of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article 10 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior and Debt or Subordinated DebtIndebtedness of the Company, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior and Debt or Subordinated DebtIndebtedness of the Notes, or otherwise amend or supplement in any manner Senior and Debt or Subordinated Debt Indebtedness of the Notes or any instrument evidencing the same or any agreement under which Senior and Debt or Subordinated Debt Indebtedness of the Notes is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior and Debt or Subordinated DebtIndebtedness of the Company; (iii) release any Person liable in any manner for the collection of Senior and Debt or Subordinated DebtIndebtedness of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Indenture (Fidelis Insurance Holdings LTD)

No Waiver of Subordination Provisions. No right of ------------------------------------- any present or future holder of any Senior and Subordinated Debt Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of or any knowledge thereof that any such holder may have or otherwise be otherwise charged with. Without in any way limiting the generality of the immediately preceding paragraph, the holders of Senior and Subordinated Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior and Subordinated DebtIndebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior and Subordinated DebtIndebtedness, or otherwise amend or supplement in any manner Senior and Subordinated Debt Indebtedness or any instrument evidencing the same or any agreement under which Senior and Subordinated Debt Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior and Subordinated DebtIndebtedness; (iii) release any Person liable in any manner for the collection of Senior and Subordinated DebtIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Indenture (Metris Companies Inc)

No Waiver of Subordination Provisions. No right of any present or future holder of any Senior and Subordinated Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. Without in any way limiting the generality of the immediately preceding paragrapharagraph, the holders of Senior and Subordinated Debt may, at any time and from to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities to the holders of Senior and Subordinated Debt, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior and Subordinated Debt, or otherwise amend or supplement in any manner Senior and Subordinated Debt or any instrument evidencing the same or any agreement under which Senior and Subordinated Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior and Subordinated Debt; (iii) release any Person liable in any manner for the collection of Senior and Subordinated Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Indenture (WSFS Financial Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.