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 to enforce the subordination of the indebtedness evidenced by the Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with the terms of this Indenture. Without in any way limiting the generality of the foregoing paragraph, 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, without incurring responsibility to the Holders and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders to the holders of Senior Indebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or otherwise amend or supplement in any manner Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release any Person liable in any manner for the collection of Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt to enforce the subordination of the indebtedness Indebtedness evidenced by the Securities shall Notes will be impaired by any act or failure to act by the Company or any Holder or by its the failure of the Company or any Holder to comply with the terms of this Indenture. Without in any way limiting the generality of the foregoing paragraph, 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 HoldersTrustee, without incurring responsibility to the Trustee or the Holders of the Notes and without impairing or releasing the subordination provided in provisions of this Article 13 or the obligations hereunder under this Indenture of the Holders of the Notes to the holders of the Senior IndebtednessDebt, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, the Senior Indebtedness Debt, or otherwise amend or supplement in any manner manner, Senior Indebtedness Debt, or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding; (ii) subject to the Priority Lien Intercreditor Agreement, sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (iii) release any Person liable in any manner for the payment or collection of Senior IndebtednessDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt to enforce the subordination of the indebtedness Indebtedness evidenced by the Securities Notes shall be impaired by any act or failure to act by the Company or any Holder or by its the failure of the Company or any Holder to comply with the terms of this Indenture. Without in any way limiting the generality of the foregoing paragraph, 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 HoldersTrustee, without incurring responsibility to the Trustee or the Holders of the Notes and without impairing or releasing the subordination provided in this Article 10 or the obligations hereunder of the Holders of the Notes to the holders of the Senior IndebtednessDebt, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Debt, or otherwise amend or supplement in any manner manner, Senior Indebtedness Debt, or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (iii) release any Person liable in any manner for the payment or collection of Senior IndebtednessDebt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness to enforce the subordination of the indebtedness Indebtedness evidenced by the Securities Notes shall be impaired by any act or failure to act by the Company or by its any act or failure to act, in good faith, by any such holder or by the failure of the Company to comply with the terms this Indenture regardless of this Indentureany knowledge thereof which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, 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 HoldersTrustee, without incurring responsibility to the Trustee or the Holders of the Notes and without impairing or releasing the subordination provided in this Article X or the obligations hereunder of the Holders of the Notes to the holders of the Senior Indebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness Indebtedness, or otherwise amend or supplement in any manner Senior Indebtedness Indebtedness, or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release any Person liable in any manner for the payment or collection of Senior Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of the Company to enforce the subordination of the indebtedness Indebtedness evidenced by the Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with the terms of this Indenture. Without in any way limiting the generality of the foregoing paragraphthis Section 11.8, 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, without incurring responsibility to the Trustee or the Holders and without impairing or releasing the subordination provided designated in this Article XI or the obligations hereunder of the Holders to the holders of Senior Indebtedness, do any one or more of the following: (i1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or otherwise amend or supplement in any manner Senior Indebtedness Indebtedness, or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstandingoutstanding or secured; (ii2) sell, exchange, release release, foreclose against or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii3) release any Person liable in any manner for the collection of Senior Indebtedness; and (iv4) exercise or refrain from exercising any rights against the Company Company, and Subsidiary thereof or any other Person.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness Debt to enforce the subordination of the indebtedness Indebtedness evidenced by the Securities Note shall be impaired by any act or failure to act by the Company the holder of the Note or by its the failure of the Company the holder of the Note to comply with this Agreement. The holder of the Note agrees that it will not challenge the validity, enforceability or perfection of any Senior Debt or the liens, guarantees and security interests securing the same and that as between the holders of the Senior Debt on the one hand and the holder of the Note on the other, the terms hereof shall govern even if all or part of this Indenturethe Senior Debt or such liens and security interests are avoided, disallowed, subordinated, set aside or otherwise invalidated in any judicial proceeding or otherwise, regardless of the theory upon which such action is premised. Without in any way limiting the generality of the foregoing paragraphthis Section 4.10, 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 holder of the HoldersNote, without incurring responsibility to the Holders holder of the Note and without impairing or releasing the subordination provided in this Article Section 4 or the obligations hereunder of the Holders holder of the Note to the holders of Senior IndebtednessDebt, do any one or more of the following: (ia) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or otherwise amend or supplement in any manner Senior Indebtedness Debt, the New Credit Facility or any instrument evidencing the same or any agreement under which Senior Indebtedness Debt is outstanding; outstanding or secured: (iib) sell, exchange, release release, foreclose against or otherwise deal with any property pledged, mortgaged or otherwise securing Senior IndebtednessDebt; (iiic) release any Person liable in any manner for the collection of Senior IndebtednessDebt; and (ivd) exercise or refrain from exercising any rights against the Company and Company, any Subsidiary thereof or any other Person.

Subordination May Not Be Impaired by Company. No right of any holder of Senior Indebtedness of the Company to enforce the subordination of the indebtedness Indebtedness evidenced by the Securities shall be impaired by any act or failure to act by the Company or by its failure to comply with the terms of this Indenture. Without in any way limiting the generality of the foregoing paragraph, 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 HoldersSecurityholders, without incurring responsibility to the Holders Trustee or the Securityholders and without impairing or releasing the subordination provided in this Article 10 or the obligations hereunder of the Holders Trustee and the Securityholders to the holders of such Senior Indebtedness, do any one or more of the following: (i1) change the manner, place place, terms or terms time of payment or extend the time of payment of, or renew or alter, Senior Indebtedness or otherwise amend or supplement in any manner such Senior Indebtedness or any instrument evidencing the same or any agreement under which such Senior Indebtedness is outstanding; (ii2) sell, exchange, impair, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Senior Indebtedness; (iii3) release any Person liable in any manner for the collection or payment of such Senior Indebtedness; and (iv4) exercise or refrain from exercising any rights against the Company and or any other Person.