Common use of No Waiver of Subordination Provisions Clause in Contracts

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior 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 Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 14 contracts

Samples: Indenture (America Bank Note Holographics Inc), Indenture (General Chemical Group Inc), Indenture (Gentek Inc)

AutoNDA by SimpleDocs

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 8 contracts

Samples: Indenture (Pen Tab Industries Inc), Indenture (United Auto Group Inc), Indenture (Tekni Plex Inc)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.098.7, the holders of Senior 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 Eight 8 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place place, or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release release, or otherwise deal with any property pledged, mortgaged mortgaged, or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Kevco Inc), Securities Purchase Agreement (Kevco Partners Investment Trust), Kevco Inc

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0912.09, the holders of Senior 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 Eight Twelve or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 3 contracts

Samples: Indenture (Collins & Aikman Products Co), Collins & Aikman Products Co, Collins & Aikman Products Co

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.096.5, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesHolder, without incurring responsibility to the Holders of the Securities Holder and without impairing or releasing the subordination provided in this Article Eight 6 or the obligations hereunder of the Holders of the Securities Holder to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew renew, alter or alteramend, any Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person person or entity liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Personperson or entity.

Appears in 3 contracts

Samples: Charter Communications Inc /Mo/, Charter Communications Inc /Mo/, Allen Paul G

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0911.09, the holders of Senior 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 Eight Eleven or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 3 contracts

Samples: Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/), Standard Pacific Corp /De/

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0912.09, the holders of Senior 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 Eight Twelve or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 3 contracts

Samples: Indenture (Horton D R Inc /De/), Indenture (Collins & Aikman Products Co), HPH Homebuilders 2000 Lp

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0912.9(d), the Senior Administrative Agent and the holders of Senior Indebtedness Debt may, at any time and from time to time, without the consent of or notice to the Trustee Administrative Agent or the Holders of the SecuritiesLenders, without incurring responsibility to the Holders of Administrative Agent or the Securities Lenders and without impairing or releasing the subordination provided in this Article Eight XII or the obligations hereunder of the Holders of Administrative Agent and the Securities Lenders to the Senior Administrative Agent and the holders of Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company Borrower and any other Person.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (Rouse Properties, Inc.), Subordinated Credit Agreement (Rouse Properties, Inc.)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.098.07, the holders of Senior Indebtedness Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Note Agreement (Casual Male Retail Group Inc), Note Agreement (Designs Inc)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior 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 Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Carrols Corp), Indenture (Carrols Corp)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness 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 Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt of the Company, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of such Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Cadmus Communications Corp/New, Falcon Products Inc /De/

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0915.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders holders of the SecuritiesNotes, without incurring responsibility to the Holders holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight XV or the obligations hereunder of the Holders holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Agco Corp /De), Indenture (Agco Corp /De)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the holders of Senior 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 Eight Ten or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew renew, alter or alteramend, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Language Line Costa Rica, LLC), Indenture (Atlantic Broadband Management, LLC)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the holders of Senior Indebtedness 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 Senior Subordinated Securities, without incurring responsibility to the Holders of the Senior Subordinated Securities and without impairing or releasing the subordination provided in this Article Eight X or the obligations hereunder of the Holders of the Senior Subordinated Securities to the holders of Senior IndebtednessDebt of the Company, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which such Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of such Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Cadmus Communications Corp/New), Indenture (Cadmus Communications Corp/New)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.098.7, the holders of Senior 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 Eight 8 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place place, or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is 41 146 outstanding or secured; (b) sell, exchange, release release, or otherwise deal with any property pledged, mortgaged mortgaged, or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Kevco Partners Investment Trust), Securities Purchase Agreement (Kevco Inc)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior 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 Eight or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 2 contracts

Samples: Indenture (Nbty Inc), Tanner Chemicals Inc

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior 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 Eight or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew renew, alter or alteramend, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Amo Holdings LLC

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness of an Issuer may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessIndebtedness of an Issuer, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (c) release any Person liable in any manner for the collection of such Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company an Issuer and any other Person.

Appears in 1 contract

Samples: Graham Packaging Holdings Co

No Waiver of Subordination Provisions. Without in any way ------------------------------------- limiting the generality of Section 8.0912.09, the holders of Guarantor Senior 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 Eight Twelve or the obligations hereunder of the Holders of the Securities to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the 101 collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Urs Corp /New/

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.094(h), the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee Company 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 Eight Section 4 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: St John Knits International Inc

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.094.08, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders holders of the SecuritiesNotes, without incurring responsibility to the Holders holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight 4 or the obligations hereunder of the Holders holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew renew, alter or alteramend, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Indenture (Advanced Medical Optics Inc)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.097.9, the holders of Senior 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 Eight Seven or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Constellation Brands Inc

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0912.09, the holders of Guarantor Senior 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 Eight Twelve or the obligations hereunder of the Holders of the Securities to the holders of Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Servico Market Center Inc

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0911.09, the holders of Senior 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 Eight 11 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Supplemental Indenture (Encore Industries Inc /Ga)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior 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 Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company Issuers and any other Person.

Appears in 1 contract

Samples: Digital Television Services of Kansas LLC

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.9 of this Exchange Debenture Indenture, the holders of Exchange Debenture Senior Indebtedness Debt 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 Eight Ten or the obligations hereunder of the Holders of the Securities to the holders of Exchange Debenture Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Exchange Debenture Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Exchange Debenture Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Exchange Debenture Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Exchange Debenture Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Indenture (Cumulus Media Inc)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0917.9, the holders of Senior 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 Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; Indebtedness and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Owens & Minor Inc/Va/

AutoNDA by SimpleDocs

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the holders of Senior Indebtedness Credit Facility Debt 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 Eight 10 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior IndebtednessCredit Facility Debt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Credit Facility Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Credit Facility Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessCredit Facility Debt; (c) release any Person liable in any manner for the collection of Senior IndebtednessCredit Facility Debt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Allegheny Energy Inc

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0913.9, the holders of Senior 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 Eight Thirteen or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessIndebtedness may amend, do any one renew, extend, substitute, refinance, restructure, replace, supplement or more of otherwise modify the Credit Agreement, including, without limitation, the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: 510152 N B LTD

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior Indebtedness Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release 92 -84- or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Definitions and Incorporation by Reference (Dolco Packaging Corp /De/)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section SECTION 8.09, the holders of Senior 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 Eight or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Polymer Group Inc

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior 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 Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against either of the Company Issuers and any other Person.

Appears in 1 contract

Samples: Aas Capital Corp

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the holders of Senior 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 Eight 10 or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Personperson.

Appears in 1 contract

Samples: Covenants (General Cable Corp /De/)

No Waiver of Subordination Provisions. Without (a) No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way limiting be prejudiced or impaired by any act or failure to act on the generality of Section 8.09, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders part of the SecuritiesCompany or by any act or failure to act by any such holder, without incurring responsibility to or by any non-compliance by the Holders Company with the terms, provisions and covenants of the Securities and without impairing this Indenture, regardless of any knowledge thereof any such holder may have or releasing the subordination provided in this Article Eight or the obligations hereunder of the Holders of the Securities be otherwise charged with. to the holders of Senior Indebtedness, do any one or more of the following: (a1) change the manner, place place, terms or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or securedoutstanding; (b2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c3) release any Person person liable in any manner for the collection or payment of Senior Indebtedness; and (d4) exercise or refrain from exercising any rights against the Company and any other Personperson.

Appears in 1 contract

Samples: Dominicks Supermarkets Inc

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0914.9 of this Indenture, the holders of Senior 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 Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Eight XIV or the obligations hereunder of the Trustee and the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Supplemental Indenture (KCS Energy Inc)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.097.9, the holders of Senior 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 Eight Seven or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement agree- ment under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Canandaigua LTD

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09, the holders of Senior 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 Eight or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; Indebtedness and (d) exercise or refrain from exercising any rights against the Company Issuers and any other Person.

Appears in 1 contract

Samples: Frontiervision Capital Corp

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.097.09, the holders of Guarantor Senior 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 Eight Seven or the obligations hereunder of the Holders of the Securities to the holders of such Guarantor Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Indebtedness or any instrument evidencing the same or any agreement under which such Guarantor Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Indebtedness; (c) release any Person liable in any manner for the collection of such Guarantor Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company a Guarantor with respect to such Guarantor Senior Indebtedness and any other Person.

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

No Waiver of Subordination Provisions. 58- Without in any way limiting the generality of Section SECTION 8.09, the holders of Senior 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 Eight or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Polymer Group Inc

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.099.09, the holders of Senior Indebtedness of the Company may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the SecuritiesNotes, without incurring responsibility to the Holders of the Securities Notes and without impairing or releasing the subordination provided in this Article Eight Nine or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior IndebtednessIndebtedness of the Company, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (c) release any Person liable in any manner for the collection of such Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Pasta Group L L C

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.09709 of this First Supplemental Indenture, the holders of Senior Indebtedness Debt 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 Eight Seven or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior IndebtednessDebt, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Debt or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (c) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Biovail Corp International

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.0910.09, the holders of Senior 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 Eight 10 or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person person liable in any manner for the collection of Senior IndebtednessIn- debtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Personperson.

Appears in 1 contract

Samples: Vail Resorts Inc

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.094.09, the holders of Senior 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 Eight 4 or the obligations hereunder of the Holders of the Securities Notes to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew renew, alter or alteramend, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: Advanced Medical Optics (Advanced Medical Optics Inc)

No Waiver of Subordination Provisions. Without in any way limiting the generality of Section 8.091409 of this Indenture, the holders of Senior 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 Eight Fourteen or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding or secured; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (c) release any Person liable in any manner for the collection of Senior Indebtedness; and (d) exercise or refrain from exercising any rights against the Company and any other Person.

Appears in 1 contract

Samples: United Stationers Supply Co

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