Common use of Subordination May Not Be Impaired by Company Clause in Contracts

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 97 contracts

Samples: Supplemental Indenture (Asbury Automotive Group Inc), Indenture (Wellcare Health Plans, Inc.), Indenture (Penn National Gaming Inc)

AutoNDA by SimpleDocs

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall may be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 41 contracts

Samples: Indenture (Advanced Medical Optics Inc), Indenture (Elizabeth Arden Inc), Indenture (Innophos, Inc.)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes Subordinated Debt Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Appears in 17 contracts

Samples: Indenture (Swift Energy Co), Pioneer Natural Resources Usa Inc, Pioneer Natural Resources Co

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt of the Company to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Appears in 13 contracts

Samples: Indenture (Daramic, LLC), Indenture (Polypore International, Inc.), Indenture (Transdigm Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Appears in 8 contracts

Samples: Dollar Indenture (JSG Acquisitions I), JSG Acquisitions I, Dollar Indenture (MDCP Acquisitions I)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Convertible Subordinated Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Convertible Subordinated Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Appears in 8 contracts

Samples: Indenture (Credence Systems Corp), Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt of the Company to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 7 contracts

Samples: Indenture (Vail Resorts Inc), Indenture (Vail Resorts Inc), Supplemental Indenture (Dyersburg Corp)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness Debt evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Appears in 7 contracts

Samples: Indenture (Celestica Inc), Joint Venture Agreement (Greif Brothers Corp), Technical Olympic Usa Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Appears in 6 contracts

Samples: Registration Rights Agreement (P Com Inc), Indenture (Agere Systems Inc), Indenture (Midcom Communications Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Convertible Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Convertible Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Appears in 5 contracts

Samples: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), LTX-Credence Corp

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall be prejudiced or impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 4 contracts

Samples: Indenture Assumption Agreement (Advanced Medical Inc), Von Hoffmann Holdings Inc, Graham Field Health Products Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Senior Subordinated Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Senior Subordinated Note Indenture.

Appears in 3 contracts

Samples: P&l Coal Holdings Corp, Ball Corp, Ball Corp

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Appears in 3 contracts

Samples: Indenture (Garden State Newspapers Inc), Medianews Group Inc, Garden State Newspapers Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness Debt evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Appears in 3 contracts

Samples: Video Satellite (Tv Guide Inc), TOUSA Investment #1, Inc., TOUSA Investment #1, Inc.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company Company, any Restricted Subsidiary, the Trustee or any Holder or by the failure of the Company Company, any Restricted Subsidiary, the Trustee or any Holder to comply with this Indenture.

Appears in 3 contracts

Samples: Indenture (Neenah Foundry Co), Tia Indenture (Cast Alloys Inc), Neenah Foundry Co

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or a Guarantor, as applicable, or any Holder to comply with this Indenture.

Appears in 3 contracts

Samples: Pacific Aerospace & Electronics Inc, Pacific Aerospace & Electronics Inc, Pacific Aerospace & Electronics Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes Debentures shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 3 contracts

Samples: Indenture (Auto Marketing Network Inc), Greyhound Lines Inc, Crown Castle International Corp

Subordination May Not Be Impaired by Company. No right of the holders of any holder of Senior Debt Indebtedness to enforce the their subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company Company, Trustee or any Holder Junior Lender or by the failure of the Company Company, Trustee or any Holder a Junior Lender to comply with this IndentureAgreement.

Appears in 2 contracts

Samples: First Merchants Acceptance Corp, First Merchants Acceptance Corp

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall will be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this the Indenture.

Appears in 2 contracts

Samples: Indenture (Chesapeake Corp /Va/), Supplemental Indenture (Sybron Dental Specialties Inc)

Subordination May Not Be Impaired by Company. No right of any holder Holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 2 contracts

Samples: Execution Copy (Omnicare Inc), Rotech Healthcare Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes this Note shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenturethe terms hereof.

Appears in 2 contracts

Samples: TSW International Inc, Indus International

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall and the Subsidiary Guarantees may be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 2 contracts

Samples: Indenture (Johnson Polymer Inc), Indenture (Johnson Polymer Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall may be impaired by any act or failure to act by the Company Issuers or any Holder or by the failure of the Company Issuers or any Holder to comply with this Indenture.

Appears in 2 contracts

Samples: Indenture (MagnaChip Semiconductor LTD (United Kingdom)), Indenture (Services International LLC)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness Debt evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 2 contracts

Samples: Northland Cable Television Inc, Flextronics International LTD

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt of the Company to enforce the subordination of the Indebtedness Debt evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Appears in 2 contracts

Samples: Indenture (Dii Group Inc), Fairpoint Communications Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt of the Company or any Guarantor to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company Company, such Guarantor or any Holder or by the failure of the Company Company, such Guarantor or any Holder to comply with this Indenture.

Appears in 2 contracts

Samples: Indenture (Holmes Products Corp), Indenture (Holmes Products Corp)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes this Note shall be impaired by any act or failure to act by the Company or any the Holder or by the failure of the Company or any the Holder to comply with this IndentureSection 13.

Appears in 2 contracts

Samples: Credit Agreement (Westwood One Inc /De/), Credit Agreement (Westwood One Inc /De/)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the New Subordinated Notes 31 38 shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this IndentureAgreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Dvi Inc), Registration Rights Agreement (Dvi Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness of the Company to enforce the subordination of the Indebtedness evidenced by the Subordinated Notes Obligations shall be prejudiced or impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 2 contracts

Samples: Indenture (Sf Holdings Group Inc), Indenture (Sf Holdings Group Inc)

Subordination May Not Be Impaired by Company. No right of any present or future holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes and this Article 10 shall be impaired by any act or failure to act by the Company or any Holder anyone in custody of its assets or property or by the its failure of the Company or any Holder to comply with this Indenture.

Appears in 2 contracts

Samples: Indenture (Station Casinos Inc), Station Casinos (Station Casinos Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness or Guarantor Senior Indebtedness, as applicable, to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or a Guarantor, as applicable, or any Holder to comply with this Indenture.

Appears in 2 contracts

Samples: Precision Engine Products Corp, Steel Heddle International Inc

Subordination May Not Be Impaired by Company. No right of any a holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this IndentureAgreement.

Appears in 2 contracts

Samples: Subordinated Note Agreement (Mobile Services Group Inc), Subordinated Note Agreement (Financial Pacific Co)

Subordination May Not Be Impaired by Company. No right of any holder of Senior and Senior Subordinated Debt to enforce the subordination of the Indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 2 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with the terms of this Indenture.

Appears in 1 contract

Samples: Lomak Petroleum Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt or Designated Senior Debt, as applicable, to enforce the subordination of the Indebtedness evidenced by the Notes shall may be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenturethe Note.

Appears in 1 contract

Samples: Escrow Agreement (Ws Financing Corp)

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Debt of the Company to enforce the subordination of the Indebtedness evidenced by the Notes Subordinated Obligations shall be impaired by any act or failure to act by the Company or any Holder of the Senior Subordinated Notes or by the failure of the Company or any Holder of the Senior Subordinated Notes to comply with this Indenture.

Appears in 1 contract

Samples: Indenture (Fonda Group Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by with respect to the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 1 contract

Samples: Indenture (Apparel Retailers Inc)

AutoNDA by SimpleDocs

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes Subordinated Debt Securities and the Guarantee in respect thereof shall be impaired by any act or failure to act by the Company or any Holder the Guarantor or by the its failure of the Company or any Holder to comply with this Indenture.

Appears in 1 contract

Samples: Enterprise Products Partners L P

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Convertible Subordinated Notes shall be impaired by any act or failure to act 57 by the Company or any Holder holder of Convertible Subordinated Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Appears in 1 contract

Samples: School Specialty (School Specialty Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness of the Company to enforce the subordination of the Indebtedness evidenced by with respect to the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 1 contract

Samples: Indenture (Cpi Holding Corp)

Subordination May Not Be Impaired by Company. (a) No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Notes or by the failure of the Company or any Holder holder of Notes to comply with this Indenture.

Appears in 1 contract

Samples: Indenture (Rac Financial Group Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness Debt evidenced by the Notes shall be impaired by any act or failure to act by the Company ACC or any Holder or by the failure of the Company ACC or any Holder to comply with this Indenture.

Appears in 1 contract

Samples: Allbritton Communications Co

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes or the Note Guarantees shall be impaired by any act or failure to act by the Company Company, any Guarantor or any Holder or by the failure of the Company Company, any Guarantor or any Holder to comply with this Indenture.

Appears in 1 contract

Samples: Indenture (Assisted Living Concepts Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes Exchange Debentures shall be impaired by any act or failure to act by the Company or any Holder of the Exchange Debentures or by the failure of the Company or any Holder of the Exchange Debentures to comply with this Indenture.

Appears in 1 contract

Samples: Panamsat International Systems Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes Exchange Debentures shall be impaired by any act or failure to act by the Company or any Holder of the Exchange Debentures or by the failure of the Company or any Holder of the Exchange Debentures to comply with this Indenture.

Appears in 1 contract

Samples: Ameriking Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes Note shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 1 contract

Samples: Execution Copy (Coinstar Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall may be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this IndentureAgreement.

Appears in 1 contract

Samples: Convertible Note Agreement (Deerfield Capital Corp.)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes Debentures shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this IndentureAgreement.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Id Technologies Corp)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Convertible Notes shall be impaired by any act or failure to act by the Company or any Holder holder of Convertible Notes or by the failure of the Company or any Holder such holder to comply with this Indenture.

Appears in 1 contract

Samples: Indenture (Guilford Pharmaceuticals Inc)

Subordination May Not Be Impaired by Company. No right of any holder the holders of the Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes Obligations shall be impaired by any act or failure to act by the Company or any Holder the Bank or by the failure of the Company or any Holder the Bank to comply with this IndentureAgreement.

Appears in 1 contract

Samples: Subordinated Credit Agreement (Zimmerman Sign Co)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Convertible Subordinated Notes as herein provided shall be prejudiced or impaired by any act or failure to act by the Company or any Holder holder of Convertible Subordinated Notes or by the failure of the Company or any Holder such holder to comply with this Indenture, regardless of any knowledge thereof any such holder may have or otherwise be charged with.

Appears in 1 contract

Samples: Cke Restaurants Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt or any holder of Subsidiary Debt to enforce the subordination of the Indebtedness evidenced by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Appears in 1 contract

Samples: Indenture (Macerich Co)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes Debt Securities shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 1 contract

Samples: General Electric Capital Corp

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Senior Subordinated Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this Indenture.

Appears in 1 contract

Samples: Key Plastics Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or a Guarantor, as applicable, or any Holder to comply with this Indenture.

Appears in 1 contract

Samples: Indenture (Air Rental Supply Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder such holder to comply with this Indenture.

Appears in 1 contract

Samples: Indenture (Amkor Technology Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness Debt evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.. 118

Appears in 1 contract

Samples: Indenture (Sanmina-Sci Corp)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced by the Notes or the Note Guarantees shall be impaired by any act or failure to act by the Company Company, any Guarantor or any Holder or by the failure of the Company Company, any Guarantor or any Holder to comply with this IndentureIndenture or the Intercreditor Agreement.

Appears in 1 contract

Samples: Indenture (Assisted Living Concepts Inc)

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company or any Holder to comply with this IndentureAgreement.

Appears in 1 contract

Samples: Transmontaigne Inc

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt Indebtedness to enforce the subordination of the Indebtedness evidenced 92 85 by the Notes Securities shall be impaired by any act or failure to act by the Company or any Holder or by the its failure of the Company or any Holder to comply with this Indenture.

Appears in 1 contract

Samples: Argo Tech Corp

Subordination May Not Be Impaired by Company. No right of any holder of Senior Debt to enforce the subordination of the Indebtedness evidenced by the Notes shall be impaired by any act or failure to act by the Company or any Holder or by the failure of the Company company or any Holder holder to comply with this Indenture.

Appears in 1 contract

Samples: Kti Inc

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