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)
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)
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
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
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
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
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
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