No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; (iii) release any Person liable in any manner for the collection of Senior Debt of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 91 contracts
Samples: Amplify Energy Corp., Indenture (Cardtronics Holdings LLC), Indenture (Alpha Shale Resources, LP)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 31 contracts
Samples: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Indenture (Wesbanco Inc), Indenture (Wesbanco Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time 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 provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 20 contracts
Samples: Indenture (FCB/Sc Capital Trust I), Aici Capital Trust, Jeffbanks Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 19 contracts
Samples: Indenture (Horsehead Corp), Indenture (American Safety Insurance Holdings LTD), Indenture (Horsehead Corp)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 15 contracts
Samples: Indenture (Reliant Resources Inc), Indenture (Cygnus Inc /De/), Micron Technology Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 14 contracts
Samples: Indenture (North American Vaccine Inc), Indenture (Bryan College Station Financial Holding Co), Securities Indenture (Western Wireless Corp)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time 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 provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.
Appears in 14 contracts
Samples: Indenture (Everest Re Capital Trust Iii), Indenture (Bank of New York Co Inc), State Street Boston Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 14 contracts
Samples: Indenture (First Tennessee Capital Iv), Indenture (Bankamerica Corp/De/), Indenture (Bankamerica Corp/De/)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 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 foregoing immediately preceding paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 12 contracts
Samples: Guarantee Agreement (Comerica Capital Trust Ii), Declaration of Trust (Provident Capital Trust Iii), Provident Capital Trust Iv
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Holders of the Securities and without impairing or releasing the subordination provided in this Article XIV or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 11 contracts
Samples: Indenture (United Rentals Inc /De), Indenture (United Rentals Inc /De), United Rentals Inc /De
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of of, or notice to to, the Trustee or the Holders holders of the Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article VI or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 10 contracts
Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 holderholder of any Senior Debt, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 10 contracts
Samples: Indenture (Etoys Inc), Indenture (Etoys Inc), Indenture (Medarex Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 9 contracts
Samples: Indenture (Diamondback Energy, Inc.), Indenture (Laredo Midstream Services, LLC), Indenture (Laredo Petroleum - Dallas, Inc.)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 8 contracts
Samples: Greater Community Bancorp, Pfbi Capital Trust, Fb Capital Trust
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 8 contracts
Samples: Indenture (Solutia Inc), Indenture (Transtexas Gas Corp), Indenture (Brookdale Living Communities Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 Issuers or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Issuers with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 8 contracts
Samples: Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay Offshore Finance Corp.), Indenture (Teekay LNG Finance Corp.)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the Company, Indebtedness do any one or more of the following: (i1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, Indebtedness or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii3) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv4) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 8 contracts
Samples: Indenture (M/I Homes of Grandview Yard, LLC), Mho, LLC, M/I Homes of Alabama, LLC
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of of, or notice to 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 XII or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the Company; Indebtedness and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 8 contracts
Samples: Tia Indenture (Walt Disney Co/), Indenture (Apartment Investment & Management Co), Indenture (Litton Industries Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 7 contracts
Samples: Subordinated Indenture (Assurant Inc), Indenture (RadNet, Inc.), American International Group Inc
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of of, or notice to 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 VI or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Person.
Appears in 6 contracts
Samples: Indenture (Peregrine Systems Inc), Indenture (Peregrine Systems Inc), Invitrogen Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 Issuers or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Issuers with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 6 contracts
Samples: Indenture (American Natural Soda Ash Corp.), Indenture (Genesis Free State Holdings, LLC), Indenture (Rise Energy Operating, LLC)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 6 contracts
Samples: Enron Capital Trust I, Enron Preferred Funding Ii L P, Enron Capital Trust Ii
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesDebentures, without incurring responsibility to the Holders of the Securities Debentures and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities Debentures to the holders of Senior Debt of the Company, Indebtedness 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 Debt of the Company, Indebtedness or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 6 contracts
Samples: Indenture (Wabash National Corp /De), Indenture (Insignia Financing I), Exchange Agreement (Insignia Financial Group Inc /De/)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 6 contracts
Samples: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Services LLC), Indenture (Hornbeck Offshore Services LLC)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time 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 provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; , (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; Indebtedness, (iii) release any Person liable in any manner for the collection of Senior Debt of the Company; Indebtedness, and (iv) exercise or refrain from exercising any rights against the Company and any other Person; and Senior Indebtedness shall continue to be Senior Indebtedness entitled to the benefits of the subordination provisions of this Article XIII.
Appears in 6 contracts
Samples: Southern Community Bancshares Inc /Ga, Community Financial Holding Co Inc, Assuranceamerica Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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, act 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing preceding paragraph, the holders of Senior Debt of the Company 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 Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Trustee or the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 5 contracts
Samples: Indenture (Innovative Valve Technologies Inc), American Residential Services Inc, Magnum Hunter Resources Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness to enforce subordination as herein provided shall at any time or in any way be prejudiced affected or impaired by any act or failure to act on the part of the Company Maker or by any act or failure to act, in good faith, by any such holderthe holders of Senior Indebtedness, or by any noncompliance by the Company Maker with any of the terms, provisions and covenants of this IndentureNote, regardless of any knowledge thereof that any such holder of Senior Indebtedness may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, Indebtedness may without the consent of or notice to the Trustee or the Holders Holder of the SecuritiesNote, without incurring responsibility to the Holders of the Securities Holder and without impairing or releasing the subordination provided in this Article Note or the obligations obligation hereunder of the Holders Holder of the Securities Note to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Maker and any other Personperson.
Appears in 4 contracts
Samples: Horizon Offshore Inc, Horizon Offshore Inc, Horizon Offshore Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 renew, increase or alter, Senior Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiic) release any Person liable in any manner for the payment or collection of Senior Debt of the CompanyDebt; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Indenture (Geo MCF Lp, LLC), Correctional Properties Trust, Sba Communications Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesConvertible Debentures, without incurring responsibility to the Holders of the Securities Convertible Debentures and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities Convertible Debentures to the holders of Senior Debt of the Company, Indebtedness do any one or more of the following: following (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the Company, Indebtedness or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Execution Copy (Viatel Inc), Supplemental Indenture (Tosco Corp), Indenture (Capital Trust)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness to enforce subordination as herein provided shall at any time or 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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, and 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 Debt of the CompanyIndebtedness, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person; and (e) increase the aggregate amount of Indebtedness extended to the Company (whether or not the same shall be Senior Indebtedness). The provisions of this Article Thirteen are intended to be for the benefit of, and shall be enforceable directly by, the holders of the Senior Indebtedness.
Appears in 4 contracts
Samples: Indenture (Hallwood Group Inc), Indenture (Hallwood Group Inc), Pledge and Security Agreement (Hallwood Group Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, with the consent or agreement of the Company mayCompany, to the extent required by the instrument or instruments governing such Senior Debt, 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 Fifteen or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Brocade Communications Systems Inc, Epicor Software Corp, Hewlett Packard Enterprise Co
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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, holder of any Senior Debt or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Indenture Agreement (Protein Design Labs Inc/De), Cell Therapeutics Inc, Cell Therapeutics Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness (and Entitled Persons in respect of the Company Other Financial Obligations) 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 Debt Indebtedness and Entitled Persons, in respect of the CompanyOther Financial Obligations, 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 Debt of the CompanyIndebtedness or Other Financial Obligations, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or Other Financial Obligations or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is or Other Financial Obligations are outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness or Other Financial Obligations; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness or Other Financial Obligations; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Liquid Media Group Ltd., Indenture (Fifth Third Capital Trust Iv), Indenture (Associated Banc-Corp)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Indenture (MRV Communications Inc), Genesco Inc, Aspen Technology Inc /De/
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of of, or notice to to, the Trustee or the Holders holders of the Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article VI or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company Debt, is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 4 contracts
Samples: Indenture (HMT Technology Corp), Coeur D Alene Mines Corp, Coeur D Alene Mines Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 holderholder of any Senior Debt, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of or written 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 4 contracts
Samples: Indenture (Interim Services Inc), Tech Data Corp, Interim Services Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 holderCompany, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this First Supplemental Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article 14 or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, do any one or more of the following, subject to any rights of the Company in respect thereof: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstandingoutstanding or related thereto; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights or remedies against the Company and any other Personperson.
Appears in 4 contracts
Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior 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 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 Debt Indebtedness 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 Debt Indebtedness of the Company, or otherwise amend or supplement in any manner Senior Debt Indebtedness of the Company or any instrument evidencing the same or any agreement under which Senior Debt Indebtedness of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt Indebtedness of the Company; (iii) release any Person liable in any manner for the collection of Senior Debt Indebtedness of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Indenture (Viking International LTD), Indenture (Aviall Services Inc), Indenture (Primero Gas Marketing Co Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 holderholder of any Senior Indebtedness, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Indenture (DSC Communications Corp), Indenture (Affiliated Computer Services Inc), Sports Authority Inc /De/
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of of, or notice to to, the Trustee or the Holders holders of the Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article Thirteen or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 3 contracts
Samples: Indenture (Talk America), Indenture (Talk America), Talk America
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 alteralter or increase, Senior Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Eastern Environmental Services Inc), Allied Waste Industries Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time 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 provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, ,release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Equitable Resources Capital Trust I, Equitable Resources Capital Trust I, Equitable Resources Inc /Pa/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 by 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article 11 or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Purchase Agreement (Kapson Senior Quarters Corp), Hybridon Inc, Lomak Petroleum Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt 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 Securities, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article 11 or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia), Indenture (Amerus Group Co/Ia)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders holders of the Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Regent Broadcasting Midwest Inc, Regent Broadcasting Midwest Inc, Radio One Licenses LLC
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the Company, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (ivd) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 3 contracts
Samples: Indenture (Burleson Water Resources, LLC), Indenture (Beta Operating Company, LLC), EP Energy LLC
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 IndentureNote, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraphforegoing, the holders of Senior Debt of the Company may, Indebtedness may at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNoteholder, without incurring responsibility to the Holders of the Securities Noteholder and without impairing or releasing the subordination provided in this Article Section 3 or the obligations hereunder of the Holders of the Securities Noteholder to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) take security in any form for the Senior Indebtedness; (iv) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivv) exercise or refrain from exercising or waiving any rights rights, powers or remedies against the Company and or any other Person.
Appears in 3 contracts
Samples: Security Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)
No Waiver of Subordination Provisions. No right of any present or future holder holders of any Senior Debt 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Capstone Capital Corp, Capstone Capital Corp, Healthcare Realty Trust Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 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 foregoing paragraphparagraph (a) of this Section 12.7, the holders of Senior Debt 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 Securities, without incurring responsibility to the such Holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; , (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; Debt, (iii) release any Person liable in any manner for the collection payment of Senior Debt of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Summit Bank Corp), Vision Bancshares Inc, Valley Financial Corp /Va/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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, act 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) permit the Company to borrow, repay and then reborrow any or all of the Senior Debt; (iii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iiiiv) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (ivv) exercise or refrain from exercising any rights against the Company and any other Person; and (vi) apply any sums received by them to Senior Debt.
Appears in 3 contracts
Samples: Indenture (Olympic Financial LTD), Olympic Financial LTD, Uhc Capital I
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the Company, Indebtedness or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 3 contracts
Samples: Dime Bancorp Inc, Dime Bancorp Inc, Pitney Bowes Inc /De/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 Issuers or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Issuers with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company Issuers and any other Person.
Appears in 3 contracts
Samples: Meristar Sub 7g (Meristar Hospitality Operating Partnership Lp), Indenture (Meristar Hospitality Corp), Meristar Hospitality Operating Partnership Lp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of of, or notice to to, the Trustee or the Holders of the SecuritiesSecurities of any series, without incurring responsibility to the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article Fourteen or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the Company; Indebtedness and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 2 contracts
Samples: Occidental Petroleum Corp /De/, Oxy Capital Trust Iii
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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, act by any such holder, holder or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Trustee or 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising exer- cising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Western Resources (Western Resources Capital Ii), Western Resources Inc /Ks
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company Corporation with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the Company, Indebtedness 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 Debt of the Company, Indebtedness or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.
Appears in 2 contracts
Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of of, or notice to 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 XIII or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the Company; Indebtedness and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 2 contracts
Samples: Indenture (Dc Holdco Inc), Indenture (Dc Holdco Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person; (v) apply any and all sums received from time to time to the Senior Indebtedness.
Appears in 2 contracts
Samples: Activision Inc /Ny, Itron Inc /Wa/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time 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 provided in this Article or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article XIV or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Gentiva Health Services Inc, Caremark Rx Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities1997A Notes, without incurring responsibility to the Holders of the Securities 1997A Notes and without impairing or releasing the subordination provided in this Article VII or the obligations hereunder of the Holders of the Securities 1997A Notes to the holders of Senior Debt of the CompanyIndebtedness, do any one or more of the following: (i1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii3) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv4) exercise or refrain from exercising any rights against the Company and any other Person; and (5) apply any and all sums received from time to time to the Senior Indebtedness.
Appears in 2 contracts
Samples: Supplemental Indenture (Diamond Offshore Drilling Inc), Supplemental Indenture (Diamond Offshore Drilling Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company or any Guarantor with the terms, provisions and covenants agreements of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 alteralter or increase, Senior Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company Company, the Guarantors and any other Person.
Appears in 2 contracts
Samples: Subordinated Indenture (Allied Waste Industries Inc), Allied Waste Industries Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 the Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness 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 Four or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.
Appears in 2 contracts
Samples: Indenture (Cbre Holding Inc), Indenture (Cb Richard Ellis Services Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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, act 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Holders of the Securities and without impairing or releasing the subordination provided in this Article 12 or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 renew, increase or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Idec Pharmaceuticals Corp / De, TJX Companies Inc /De/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 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 foregoing immediately preceding paragraph, the holders of Senior Debt 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 SecuritiesSecurities of any series, 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Seacoast Financial Services Corp), Seacoast Financial Services Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness (and Entitled Persons in respect of the Company Other Financial Obligations) 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 Debt Indebtedness, and Entitled Persons in respect of the CompanyOther Financial Obligations, 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 Debt of the CompanyIndebtedness or Other Financial Obligations, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or Other Financial Obligations or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is or Other Financial Obligations are outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness or Other Financial Obligations; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness or Other Financial Obligations; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Fifth Third Bancorp, Fifth Third Bancorp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness 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 6 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Noteholders Agreement (Hybridon Inc), Noteholders Agreement (Hybridon Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 foregoing paragraph, the holders of Senior Debt of the Company 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 Holders of the Securities 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 Debt of the CompanyIndebtedness, 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 alteralter or increase, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (International Paper Co /New/), International Paper Capital Trust Iii
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company or any Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 alteralter or increase, Senior Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company Company, the Guarantors and any other Person.
Appears in 2 contracts
Samples: Allied Waste Industries Inc, Allied Waste Industries Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Indebtedness to enforce the 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Vishay Intertechnology Inc), Novellus Systems Inc
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of of, or notice to 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 15 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Person.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Adelphia Communications Corp), Adelphia Communications Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of of, or notice to 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 Eleven or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and or any other Personperson.
Appears in 2 contracts
Samples: Satisfaction And (Enhance Financial Services Group Inc), Cna Financial Corp
No Waiver of Subordination Provisions. No Except as otherwise expressly provided herein, no right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company may, at any time and from time to time, without the consent of of, or notice to to, the Trustee or the Holders holders of the Securities, without incurring responsibility to the Holders holders of the Securities and without impairing or releasing the subordination provided in this Article VI or the obligations hereunder of the Holders holders of the Securities to the holders of Senior Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and or any other Person.
Appears in 2 contracts
Samples: Benchmark Electronics Inc, Doubleclick Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any of the Corporation's Senior Debt 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 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 foregoing immediately preceding paragraph, the holders of the Corporation's Senior Debt 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 Securities, Securities of any series 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 the Corporation's Senior Debt 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 Debt of the Company, Corporation or otherwise amend or supplement in any manner such Senior Debt of the Company or any instrument evidencing the same or any agreement under which such Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyCorporation; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyCorporation; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.
Appears in 2 contracts
Samples: Scana Corp, Scana Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 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 foregoing paragraph, the holders of Senior Debt 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 Securities, without incurring responsibility to the Holders of the Securities Securities, and without impairing or releasing the subordination provided in this Article Article Fourteen or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the Company, do any one or more of the following: (i1) change the manner, place or terms of payment or extend the time of payment of, or renew or alteralter or increase, Senior Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; (iii3) release any Person liable in any manner for the collection of Senior Debt of the Company; and and/or (iv4) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Aetna Inc /Pa/, Aetna Inc /Pa/
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Mohawk Capital Luxembourg SA, Mohawk Capital Luxembourg SA
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Holders of the Securities and without impairing or releasing the subordination provided in this Article Seventeen or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Thermo Electron Corp, Thermo Electron Corp
No Waiver of Subordination Provisions. No right of any ------------------------------------- present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Times Mirror Co /New/), Merrill Lynch Preferred Capital Trust V
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Debt, if any, 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 the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company or the Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company or the Guarantor and any other Person.
Appears in 2 contracts
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with dispose of any property pledged, mortgaged or otherwise securing Senior Debt of the Company; (iii) release any Person liable in any manner for the collection of Senior Debt of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.securing
Appears in 2 contracts
Samples: Indenture (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. 79 Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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, act 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 renew, increase or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Noble International LTD), Brightpoint Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 holderholder of any Senior Indebtedness, or by any noncompliance non- compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Cirrus Logic Inc), Indenture (Cirrus Logic Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 foregoing immediately preceding paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time 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 provided in this Article XIV or the obligations hereunder of the such Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Northern Trust Corp), Northern Trust Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 IndentureNote, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraphforegoing, the holders of Senior Debt of the Company may, Indebtedness may at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNoteholder, without incurring responsibility to the Holders of the Securities Noteholder and without impairing or releasing the subordination provided in this Article Section 3 or the obligations hereunder of the Holders of the Securities Noteholder to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged mortgaged, hypothecated or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) take security in any form for the Senior Indebtedness; (iv) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivv) exercise or refrain from exercising or waiving any rights rights, powers or remedies against the Company and or any other Person.
Appears in 2 contracts
Samples: Credit Agreement (Sprague Resources LP), Security Agreement
No Waiver of Subordination Provisions. No right of any present or future holder holders of any Senior Debt 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 the Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 SecuritiesDebentures, without incurring responsibility to the Holders of the Securities Debentures and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities Debentures to the holders of Senior Debt 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 2 contracts
Samples: Indenture (Healthcare Realty Trust Inc), Capstone Capital Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 otherwise be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Amerus Life Holdings Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or otherwise be otherwise charged with. Without in any way limiting the generality of the foregoing immediately preceding paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. No right of any present or future holder Holder of any Senior Debt 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 holderHolder, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder Holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders Holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company Debt, or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Sierra Health Services Inc
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company Secured 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 non- compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Secured Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesDebentures, without incurring responsibility to the Holders of the Securities Debentures and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities Debentures to the holders of Senior Debt of the CompanySecured Indebtedness, 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 Debt of the CompanySecured Indebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Secured Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Secured Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanySecured Indebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanySecured Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: United Rentals Inc /De
No Waiver of Subordination Provisions. No right of any ------------- ------------------------------------- present or future holder of any Senior Debt 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 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 foregoing immediately preceding paragraph, the holders of Senior Debt 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 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 Debt of the CompanyDebt, 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 Debt of the CompanyDebt, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Chittenden Capital Trust I
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness 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 XII or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (iib) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iiic) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (ivd) exercise or refrain from exercising any rights against the Company and any other Person; (e) apply any and all sums received from time to time to the Senior Indebtedness.
Appears in 1 contract
Samples: Indenture (Kranzco Realty Trust)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 Holders of the Securities and without impairing or releasing the subordination provided in this Article Fourteen or the obligations hereunder of the Holders of the Securities to the holders of the Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Remington Oil & Gas Corp
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 by 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 IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolders, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article 9 or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
No Waiver of Subordination Provisions. No right of any present or future holder of any of the Corporation's Senior Debt 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 Corporation or by any 195 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 foregoing immediately preceding paragraph, the holders of the Corporation's Senior Debt 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 Securities, Securities of any series 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 the Corporation's Senior Debt 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 Debt of the Company, Corporation or otherwise amend or supplement in any manner such Senior Debt of the Company or any instrument evidencing the same or any agreement under which such Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyCorporation; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyCorporation; and (iv) exercise or refrain from exercising any rights against the Company Corporation and any other Person.
Appears in 1 contract
Samples: Sce&g Trust I
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 Debt of the CompanyIndebtedness, do any one or more of 63 the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; 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 Debt 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Sixteen or the obligations hereunder of the Holders of the Securities to the holders of Senior Debt 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyDebt; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Boston Properties LTD Partnership
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 holderholder of any Senior Indebtedness, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. 108 Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Indenture (Alcatel Usa Inc)
No Waiver of Subordination Provisions. No right of any present or future holder of any Senior Debt of the Company 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 Group or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Group 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 foregoing immediately preceding paragraph, the holders of Senior Debt of the Company 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 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 Debt of the CompanyIndebtedness, 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 Debt of the CompanyIndebtedness, or otherwise amend or supplement in any manner Senior Debt of the Company Indebtedness or any instrument evidencing the same or any agreement under which Senior Debt of the Company Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the CompanyIndebtedness; (iii) release any Person liable in any manner for the collection of Senior Debt of the CompanyIndebtedness; and (iv) exercise or refrain from exercising any rights against the Company Group and any other Person.
Appears in 1 contract
Samples: Subordinated Indenture (Delphi Financial Group Inc/De)
No Waiver of Subordination Provisions. 50 No right of any present or future holder of any Senior Debt 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 by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 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 Debt 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 Debt of the Company, or otherwise amend or supplement in any manner Senior Debt of the Company or any instrument evidencing the same or any agreement under which Senior Debt of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt of the Company; (iii) release any Person liable in any manner for the collection of Senior Debt of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.
Appears in 1 contract
Samples: Bold Energy III LLC
