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 Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty of such Subsidiary Guarantor shall be impaired by any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt of Holdings or any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty Guarantee of Holdings or such Subsidiary Guarantor (as the case may be) shall be impaired by any act or failure to act by Holdings or such Subsidiary Guarantor (as the case may be) or by its failure to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty Obligations of such Subsidiary Guarantor shall be impaired by any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Guarantor Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Indebtedness evidenced by the Subsidiary Guaranty of such Subsidiary Guarantor Guarantees shall be impaired by any act or failure to act by such any Subsidiary Guarantor or by its the failure of any of them to comply with this Indenture.

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

Subordination May Not Be Impaired by Company. No right of any holder present or future holders of any Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty of such Subsidiary Guarantor shall as provided in this Indenture will at any time in any way be prejudiced or impaired by any act or failure to act noncompliance by such Subsidiary Guarantor or by its failure to comply with the terms of this Indenture, regardless of any knowledge thereof that any such Holder of Senior Indebtedness may have or otherwise be charged with.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty Obligations of such Subsidiary Guarantor shall be impaired by any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this IndentureGuarantee Agreement.

Subordination May Not Be Impaired by Company. No --------------------------------------------- right of any holder of Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty Obligations of such Subsidiary Guarantor shall be impaired by any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right --------------------------------- of any holder of Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty of such Subsidiary Guarantor shall be impaired by any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of Parent or any Subsidiary Guarantor to enforce the subordination of the Parent Guaranty or the Subsidiary Guaranty of Parent or such Subsidiary Guarantor Guarantor, as the case may be, shall be impaired by any act or failure to act by Parent or such Subsidiary Guarantor or by its failure to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right -------------------------------------------- of any holder of Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty of such Subsidiary Guarantor shall be impaired by any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this Indenture.. 101

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty of such Subsidiary Guarantor shall be impaired by any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty Obligations of such Subsidiary Guarantor shall be impaired by any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this the Indenture.

Subordination May Not Be Impaired by Company. No right -------------------------------------------- of any holder of Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty Note Obligations of such Subsidiary Guarantor shall be impaired by any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this Indenture.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Parent Guaranty of Parent or the Subsidiary Guaranty of such Subsidiary Guarantor shall be impaired by any act or failure to act by Parent or such Subsidiary Guarantor or by its failure to comply with this Indenture.

Subordination May Not Be Impaired by Company. No -------------------------------------------- right of any holder of Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty Obligations of such Subsidiary Guarantor shall be impaired by any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this Indenture. SECTION 12.09.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of any Subsidiary Guarantor to enforce the subordination of the Subsidiary Guaranty Obligations of such Subsidiary Guarantor shall be impaired by any act or failure to act by such Subsidiary Guarantor or by its failure to comply with this Indenture. The provisions of this Article 12 are intended to be for the benefit of, and shall be enforceable directly by, the holders of Senior Debt.