No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by 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.
Appears in 5 contracts
Samples: Indenture (Marsh Village Pantries Inc), Lower Road Associates LLC, Tyco International LTD /Ber/
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any a Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any such 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.
Appears in 5 contracts
Samples: Indenture (Transportation Technologies Industries Inc), Supplemental Indenture (TNP Enterprises Inc), Indenture (Buslease Inc /New/)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by 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.
Appears in 4 contracts
Samples: Indenture (Penske Automotive Group, Inc.), Indenture (Penske Automotive Group, Inc.), Indenture (United Auto Group Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness of the Subsidiary Guarantor 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 any the Subsidiary Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any the Subsidiary Guarantor with the terms, provisions and covenants of this IndentureIndenture or any Subsidiary Guarantee, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 4 contracts
Samples: Principal Financial (Principal Financial Group Inc), Principal Financial (Principal Financial Services Inc), Principal Financial (Principal Financial Group Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness of any Guarantor 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 any such Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any such Guarantor 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.
Appears in 4 contracts
Samples: Pooling Agreement (Fresenius Medical Care Corp), Fresenius National Medical Care Holdings Inc, Fresenius Medical Care Corp
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor the Issuers or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor the 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.
Appears in 3 contracts
Samples: Petersen Holdings LLC, Target Directories of Michigan Inc, TWP Capital Corp Ii
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Subsidiary Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Subsidiary 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.
Appears in 3 contracts
Samples: Indenture (RSC Duval Inc), Atc Group Services Inc /De/, Safety Components Fabric Technologies Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any a Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any such 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.
Appears in 3 contracts
Samples: Couche Tard (3055854 Nova Scotia Co), Affinity Group Inc, Affinity Group Holding, Inc.
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Company or Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Company or Guarantor with the terms, provisions and covenants of this Guaranty or the Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Supplemental Indenture (Total Renal Care Holdings Inc), Guaranty (Total Renal Care Holdings Inc)
No Waiver of Subordination Provisions. (ai) No right of any present or future holder of any Guarantor Senior 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 any Guarantor the Borrower or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor the Borrower with the terms, provisions and covenants of this Indentureas described herein, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Term Loan Agreement (Unifi Communications Inc), Credit Agreement (Unifi Communications Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor Issuer or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Supplemental Indenture (Muzak Finance Corp), Supplemental Indenture (Muzak Finance Corp)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor or by any act or failure to act, in good faith, by any such holderholder or any Senior Representative, or by any non-compliance by 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.
Appears in 2 contracts
Samples: Indenture (Mallard & Mallard of La Inc), Indenture (Tri R of Orlando Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any the Guarantor with the terms, provisions and covenants of this IndentureSection 5, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Expense Agreement Guarantee (Mci Worldcom Inc), Trust Agreement Guarantee (Mci Worldcom Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Senior 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 any Guarantor Publishing or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance noncompliance by any Guarantor Hollxxxxx Xxxernational with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Hollinger International Publishing Inc, Hollinger International Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Senior 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 any a Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any a Guarantor 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.
Appears in 2 contracts
Samples: Tenth Supplemental Indenture (Playtex Products Inc), Playtex Products Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor or by by, any act or failure to act, in good faith, act by any such holder, or by any non-compliance by 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.
Appears in 2 contracts
Samples: Indenture (Salem Communications Corp /De/), Salem Communications Corp /De/
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness Claims 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 any the Company or the relevant Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any the Company or the relevant 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.
Appears in 2 contracts
Samples: Indenture (Apollo Global Management, Inc.), Indenture (Ares Management Corp)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Senior 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 any Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any Guarantor 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.
Appears in 2 contracts
Samples: Supplemental Indenture (Playtex Products Inc), Supplemental Indenture (Playtex Products Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 Issuer or any Guarantor Holder or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer or any Guarantor Holder with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Indenture (Multicare Companies Inc), Genesis Eldercare Acquisition Corp
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any a Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any such Guarantor with the terms, provisions and covenants of this the Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: First Supplemental Indenture (Cifc LLC), First Supplemental Indenture (Cifc LLC)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 Multicare or any Guarantor Holder or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by Multicare or any Guarantor Holder with the terms, provisions and covenants of this Supplemental Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Indenture (Multicare Companies Inc), Genesis Eldercare Acquisition Corp
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any 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.
Appears in 2 contracts
Samples: First Union Corp, First Union Corp
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness or Designated Senior 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 any Guarantor the Company or Holding or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor the Company or Holding with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Indenture (Mettler Toledo Holding Inc), Mettler Toledo Holding Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor the Issuer or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor the Issuer with the terms, provisions and covenants of this Perpetual Subordinated Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Sumitomo Mitsui Financial Group, Inc., Sumitomo Mitsui Financial Group, Inc.
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any non-non- compliance by 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.
Appears in 2 contracts
No Waiver of Subordination Provisions. (a) No right ------------------------------------- of any present or future holder of any Guarantor Senior 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 any Note Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-non- compliance by any Note Guarantor 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.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any the Guarantor 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.
Appears in 1 contract
Samples: MRM Capital Trust Iii
No Waiver of Subordination Provisions. (a) No a)No right of any present or future holder of any Senior Guarantor Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by 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.
Appears in 1 contract
Samples: Penske Automotive Group, Inc.
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor 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.
Appears in 1 contract
Samples: Indenture (Phoenix Md Realty LLC)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any the Guarantor with the terms, provisions and covenants of this IndentureGuarantee Agreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Guarantee Agreement (Bowater Inc)
No Waiver of Subordination Provisions. (a1) No right of any present or future holder of any Guarantor Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by 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.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or 119 -110- impaired by any act or failure to act on the part of any Subsidiary Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Subsidiary 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.
Appears in 1 contract
Samples: Bay Area Warehouse Stores Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any a Subordinated Guarantor or by any act or failure to act, in good faith, act by any such holder, holder or by any non-compliance by any such Subordinated Guarantor with the terms, provisions and covenants of this IndentureIndenture or the Intercreditor Deed, regardless of any knowledge thereof any such holder may have or otherwise be otherwise charged with.
Appears in 1 contract
Samples: Intercompany Loan Agreement (Lucite International Finance PLC)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Domestic Guarantor Senior 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 any the Issuer or a Domestic Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any the Issuer or a Domestic 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.
Appears in 1 contract
Samples: Archivex LTD
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by 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.
Appears in 1 contract
Samples: Indenture (Telegroup Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor the Issuer or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor the Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Indenture (Phoenix Md Realty LLC)
No Waiver of Subordination Provisions. (a) No right of any ------------------------------------- present or future holder of any Guarantor Senior 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 any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any the Guarantor with the terms, provisions and covenants of this IndentureGuarantee Agreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness Liability 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 any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any the Guarantor with the terms, provisions and covenants of this IndentureGuarantee Agreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Guarantee Agreement (Pioneer Standard Electronics Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor the Issuer or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor the Issuer with the terms, provisions and covenants of this IndentureDebenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Subsidiary Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Subsidiary Guarantor with the terms, 103 112 provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Sickinger Co
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness of the Guarantor 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 any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any the Guarantor with the terms, provisions and covenants of this First Supplemental Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Indenture (Capitalsource Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Subsidiary 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.
Appears in 1 contract
Samples: Armstrong Containers Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Senior 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 any Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any non-non- compliance by 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.
Appears in 1 contract
Samples: Viking Distillery Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Subsidiary Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any Subsidiary 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.
Appears in 1 contract
Samples: Dominicks Supermarkets Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor Guarantor, or by any act or failure to act, in good faith, by any such holder, or by any non-compliance 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.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Senior 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 any Guarantor Factors or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any Guarantor Factors with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of ------------------------------------- any present or future holder of any Guarantor Senior 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 any Guarantor Guarantor, or by any act or failure to act, in good faith, by any such holder, or by any non-compliance 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.
Appears in 1 contract
Samples: Tritel Finance Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Senior 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 any Guarantor Brands or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any Guarantor Brands with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt incurred by a Guarantor Senior 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by 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.
Appears in 1 contract
Samples: Philipp Brothers Chemicals Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any the Guarantor with the terms, provisions and covenants of this IndentureGuarantee Agreement, regardless of any knowledge thereof that any such holder Holder may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor of the Guarantor's Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any 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.
Appears in 1 contract
Samples: Indenture (Abn Amro Bank Nv)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any 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.
Appears in 1 contract
Samples: Ingersoll Rand Co LTD
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness of any Subsidiary Guarantor 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 any such Subsidiary Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any such Subsidiary Guarantor 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.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by 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.
Appears in 1 contract
Samples: Indenture (Metals Usa Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Senior 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 any Guarantor RBC or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any Guarantor RBC with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any the Guarantor with the terms, provisions and covenants of this IndentureGuarantee Agreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any Guarantor Obligor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any Guarantor Obligor with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Securities Purchase Agreement (Eagle Pacific Industries Inc/Mn)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Indebtedness to enforce subordination of the Subordinated Obligations 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 Issuer or any Guarantor Holder or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Issuer or any Guarantor Holder with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Indenture (United Industries Corp)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior 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 any a Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any such Guarantor with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Purchase Agreement (Iowa Telecommunications Services Inc)