Subordination Not Affected. Without the necessity of any reservation of rights against or any notice to or further assent by any Subordinated Creditor, (i) any demand for payment of any Senior Indebtedness made by the Senior Lender may be rescinded in whole or in part by the Senior Lender, (ii) the Senior Lender may exercise or refrain from exercising any rights and/or remedies against the Company and others, if any, liable under the Senior Indebtedness, and (iii) the Senior Indebtedness and any agreement or instrument evidencing, securing, or otherwise relating to the Senior Indebtedness (including without limitation, the Loan Agreement and the other Loan Documents), or any collateral security therefor or guaranty thereof or other right of any nature with respect thereto, may be amended, extended, modified, continued, accelerated, compromised, waived, surrendered or released by the Senior Lender, in any manner the Senior Lender deems in its best interests, all without impairing, abridging, releasing or affecting in any manner the subordination of the Subordinated Indebtedness to the Senior Indebtedness provided for herein. Without limiting the foregoing, the Subordinated Creditors waive any and all notice of the creation, amendment, restatement, extension, acceleration, compromise, continuation, waiver, surrender, release or modification of any nature of the Senior Indebtedness, the Loan Agreement or the other Loan Documents, and notice of or proof of reliance by the Senior Lender upon the subordination provided for herein. The Senior Indebtedness shall conclusively be deemed to have been created, contracted and incurred in reliance upon the provisions of this Agreement.
Subordination Not Affected. All rights and interests of the Senior Creditor Representative and the Senior Creditors hereunder, and all agreements and obligations of the Subordinated Creditor and the Borrower under this Agreement, shall remain in full force and effect irrespective of:
Subordination Not Affected. The priorities described in this Clause 15 will not be affected by any reduction or increase in the principal amount of the Secured Debt or by any intermediate reduction or increase in, amendment or variation (however fundamental) of any of the Finance Documents, or by any variation or satisfaction of the Secured Debt or any other circumstances.
Subordination Not Affected. A Senior Creditor may at any time and from time to time, without the consent of or notice to the Subordinated Investors, without incurring liability to the Subordinated Investors, and without impairing or releasing the obligations of the Subordinated Investors under this Agreement: (a) change the manner, place or terms of payment or change the time of payment of or renew, alter, waive, release or compromise the Senior Obligations or any security therefor, or amend or modify in any manner any agreement, note, guaranty or other instrument evidencing or securing or otherwise relating to any Senior Obligations, except that the Senior Creditors shall not extend the maturity of the Senior Obligation beyond , 20 without the written consent of the Subordinated Investors; (b) exercise or refrain from exercising any rights against the Company and others (including Subordinated Investors); and (c) apply any sums by whomsoever paid or howsoever realized to the Senior Obligations.
Subordination Not Affected etc. The terms of this section 10, the ------------------------------- subordination effected hereby and the rights created hereby of the holders of the Superior Indebtedness shall not be affected by (a) any amendment or - modification of or supplement to any Superior Indebtedness (or any renewal, extension, refinancing or refunding thereof) or any agreement, document or instrument relating thereto, (b) any exercise or non-exercise of any right, - power or remedy under or in respect of any Superior Indebtedness (or any security or collateral therefor) or pursuant to any agreement, document or instrument relating thereto or (c) any waiver, consent, release, indulgence, - delay or other action, inaction or omission, in respect of any Superior Indebtedness (or any security or collateral therefor) or pursuant to any agreement, document or instrument relating thereto, whether or not any holder of any Subordinated Indebtedness shall have had notice or knowledge of any of the foregoing.
Subordination Not Affected. Without the necessity of any reservation of rights against or any notice to or further assent by the Subordinate Lender, but subject to compliance with the terms of this Agreement and the applicable Senior Loan Documents or Subordinate Obligation Documents, (a) any demand for payment of any Borrower Obligation may be rescinded in whole or in part by the holder thereof and any Borrower Obligation may be continued, (b) the holders of any Borrower Obligation may exercise or refrain from exercising any rights and remedies against the Borrower and others, (c) any Borrower Obligation, or any collateral security or guaranty therefor or right of offset with respect thereto, may be modified, accelerated, compromised, waived, surrendered, or released by the holder thereof and (d) subject to Section 2.14, any agreement or instrument evidencing, securing or otherwise relating to any Borrower Obligation may be amended or modified, in each case without impairing, abridging, releasing or affecting the subordination provided for herein.
Subordination Not Affected. The subordinations effected, and the rights created, by this Section 2.15 shall not be affected by (a) any amendment of or any addition of or supplement to any instrument, document or agreement relating to the Senior Obligations (other than specific amendments of this Section 2.15), (b) any exercise or non-exercise of any right, power or remedy under or in respect of the Senior Obligations or any instrument, document or agreement relating thereto, (c) the release, sale, exchange or surrender, in whole or in part, of any part of the Collateral or any additional collateral to which any Credit Party may become entitled, (d) any release of any guarantor of or pledgor securing the Obligations or any security for such pledge or guaranty, or (e) any waiver, consent, release, indulgence, extension, renewal, modification, delay or other action, inaction or omission in respect of the Senior Obligations or any instrument, document or agreement relating thereto or any security therefor or pledge or guaranty thereof, whether or not the Tranche C Lenders shall have had notice or knowledge of any of the foregoing and regardless of whether the Tranche C Lenders shall have consented or objected thereto.
Subordination Not Affected. Subject to the other provisions of this Agreement, the holders of the Senior Indebtedness may, at any time and from time to time, without the consent of or notice to the Noteholder Representative or the holders (except as may be required by law), without incurring responsibility to the holders, and without impairing or releasing the subordination provided in Section 7, or the obligations hereunder of the holders to the holders of the Senior Indebtedness, do any one or more of the following: (a) change the manner, place, or terms of payment, or extend the time of payment of, or renew or alter, Senior Indebtedness or any instrument evidencing the same or any agreement under which the Senior Indebtedness is outstanding or secured; (b) sell, exchange, release, or otherwise deal with any property pledged, mortgaged, or otherwise securing the Senior Indebtedness; (c) release any person liable in any manner for the collection of the Senior Indebtedness; and (d) exercise or refrain from exercising any rights against either Seller or any other Person.
Subordination Not Affected. Without the necessity of any reservation of rights against or any notice to or further assent by the Subordinated Creditors, any demand for payment of any Senior Obligations made by any holder of Senior Obligations may be rescinded in whole or in part by such holder and any Senior Obligations may be continued, the holders of Senior Obligations may exercise or refrain from exercising any rights and remedies against the Company and others, the Senior Obligations, or any collateral security therefor or right of offset with respect thereto, may be extended, modified, accelerated, compromised, waived, surrendered or released by the holders of the Senior Obligations, and any agreement or instrument evidencing, securing or otherwise relating to the Senior Obligations may be amended or modified, all without impairing, abridging, releasing or affecting the subordination provided for herein. Each holder of Subordinate Liabilities waives any and all notice (except notices specifically provided for herein) of the creation or modification of any Senior Obligations and notice of or proof of reliance by the holders of Senior Obligations upon the subordination provided for herein. The Senior Obligations shall conclusively be deemed to have been created, contracted or incurred in reliance upon the provisions of this Agreement.
Subordination Not Affected. Without limiting the generality of the foregoing Sections or any other term or provision of this Agreement, the Junior Lenders and the Junior Subordinated Lender covenant, agree and consent with respect to the Senior Obligations, Senior Loan Instruments and Senior Liens, that at any time, and from time to time:
