Common use of Subordination May Not Be Impaired Clause in Contracts

Subordination May Not Be Impaired. (a) No right of any holder of Senior Indebtedness to enforce the subordination of indebtedness evidenced by this agreement or instrument shall in any way be prejudiced or impaired by any act or failure to act by the Relevant Obligor or by any act or failure to act in good faith, by any such holder or the Trustee, or by any non-compliance by the Relevant Obligor with the terms, provisions or covenants herein, regardless of any knowledge thereof which any such holder or the Trustee may have or be otherwise charged with. Neither the subordination of the indebtedness represented by this agreement or instrument as herein provided nor the rights of the holders of Senior Indebtedness with respect hereto shall be affected by any extension, renewal or modification of the terms, or the granting of any security in respect of, any Senior Indebtedness or any exercise or non-exercise of any right, power or remedy with respect thereto.

Appears in 15 contracts

Samples: Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc)

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Subordination May Not Be Impaired. (a) No right of the Trustee or any holder of Senior Indebtedness Holder to enforce the subordination of indebtedness evidenced by this agreement or instrument shall in any way be prejudiced or impaired by any act or failure to act by the Relevant Obligor or by any act or failure to act in good faith, by the Trustee or any such holder or the Trustee, Holder or by any non-compliance by the Relevant Obligor with the terms, provisions or covenants herein, regardless of any knowledge thereof which the Trustee or any such holder or the Trustee Holder may have or be otherwise charged with. Neither the subordination of the indebtedness represented by this agreement or instrument as herein provided nor the rights of the holders of Senior Indebtedness Trustee and the Holders with respect hereto shall be affected by any extension, renewal or modification of the terms, or the granting of any security in respect of, any Senior Indebtedness Securities and Indenture Obligations or any exercise or non-exercise of any right, power or remedy with respect thereto.

Appears in 2 contracts

Samples: Indenture (Amc Entertainment Inc), Amc Entertainment Inc

Subordination May Not Be Impaired. (a) No right of any holder of Senior Indebtedness Indebtedness, the Trustee or any Holder to enforce the subordination of indebtedness evidenced by this agreement or instrument shall in any way be prejudiced or impaired by any act or failure to act by the Relevant Obligor Company or by any act or failure to act in good faith, by any such holder holder, the Trustee or the Trustee, any Holder or by any non-compliance by the Relevant Obligor Company with the terms, provisions or covenants herein, regardless of any knowledge thereof which any such holder or holder, the Trustee or any such Holder may have or be otherwise charged with. Neither the subordination of the indebtedness represented by this agreement or instrument as herein provided nor the rights of the holders of Senior Indebtedness Indebtedness, the Trustee and the Holders with respect hereto shall be affected by any extension, renewal or modification of the terms, or the granting of any security in respect of, any Senior Indebtedness or Indenture Obligations or any exercise or non-exercise of any right, power or remedy with respect thereto.

Appears in 2 contracts

Samples: Indenture (Rogers Communications Inc), Registration Rights Agreement (Rogers Wireless Inc)

Subordination May Not Be Impaired. (a) No right of any holder of Senior Indebtedness to enforce the subordination of indebtedness evidenced by this agreement or instrument Intercompany Debt shall in any way be prejudiced or impaired or in any way affect by any act or failure to act by the Relevant Obligor or by any act or failure to act omission in good faith, faith by any such holder or the Trustee, or by any non-compliance by the Relevant Obligor with the terms, provisions or covenants herein, regardless of any knowledge thereof which any such holder or the Trustee may have or be otherwise charged with, or by any other act, omission, matter or thing which, but for this Section 2.5, would prejudice, impair, reduce, release or otherwise affect the subordination. Neither the subordination of the indebtedness represented by this agreement or instrument Intercompany Debt as herein provided nor the rights of the holders of Senior Indebtedness with respect hereto shall be affected by any extension, renewal or modification of the termsterms of, or the granting of any security in respect of, any Senior Indebtedness or any exercise or non-exercise of any right, power or remedy with respect thereto.

Appears in 1 contract

Samples: Agreement (Optel Inc)

Subordination May Not Be Impaired. (a) No right of any holder of Senior Indebtedness to enforce the subordination of indebtedness evidenced by this agreement or instrument Intercompany Debt shall in any way be prejudiced or impaired or in any way affected by any act or failure to act by the Relevant Obligor or by any act or failure to act omission in good faith, faith by any such holder or the Trustee, or by any non-compliance by the Relevant Obligor with the terms, provisions or covenants herein, regardless of any knowledge thereof which any such holder or the Trustee may have or be otherwise charged with, or by any other act, omission, matter or thing which, but for this Section 2.5, would prejudice, impair, reduce, release or otherwise affect the subordination. Neither the subordination of the indebtedness represented by this agreement or instrument Intercompany Debt as herein provided nor the rights of the holders of Senior Indebtedness with respect hereto shall be affected by any extension, renewal or modification of the termsterms of, or the granting of any security in respect of, any Senior Indebtedness or any exercise or non-exercise of any right, power or remedy with respect thereto.

Appears in 1 contract

Samples: Agreement (Optel Inc)

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Subordination May Not Be Impaired. (a) No right of the Trustee on behalf of any holder of Senior Indebtedness to enforce the subordination of indebtedness evidenced by this agreement or instrument Note shall in any way be prejudiced or impaired by any act or failure to act by the Relevant Obligor Obligors or by any act or failure to act in good faith, by any such holder or the Trustee, or by any non-compliance by the Relevant Obligor Obligors with the terms, provisions or covenants herein, regardless of any knowledge thereof which that any such holder or the Trustee may have or be otherwise charged with. Neither the subordination of the indebtedness represented by this agreement or instrument Note as herein provided nor the rights of the holders of Senior Indebtedness with respect hereto shall be affected by any extension, renewal or modification of the terms, or the granting of any security in respect of, any Senior Indebtedness or any exercise or non-exercise of any right, power or remedy with respect thereto.

Appears in 1 contract

Samples: Iae Inc

Subordination May Not Be Impaired. (a) No To the extent permitted by law, no right of any holder of Senior Indebtedness to enforce the subordination of indebtedness evidenced by this agreement or instrument Deeply Subordinated Shareholder Indebtedness shall in any way be prejudiced or impaired or in any way affected by any act or failure to act by the Relevant Obligor or by any act or failure to act omission in good faith, by any such holder or the Trustee, or by any non-compliance by the Relevant Obligor with the terms, provisions or covenants herein, regardless of any knowledge thereof which any such holder or the Trustee may have or be otherwise charged with, or by any other act, omission, matter or thing which, but for this Section 2.5, would prejudice, impair, reduce, release or otherwise affect the subordination. Neither To the extent permitted by law, neither the subordination of the indebtedness represented by this agreement or instrument Deeply Subordinated Shareholder Indebtedness as herein provided nor the rights of the holders of Senior Indebtedness Indebt- dness with respect hereto shall be affected by any extension, renewal or modification of the terms, or the granting of any security in respect of, any Senior Indebtedness or any exercise or non-exercise of any right, power or remedy with respect thereto.

Appears in 1 contract

Samples: Paging Network Do Brazil Sa

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