Subordination Rights Not Impaired. BY ACTS OR OMISSIONS OF COMPANY ----------------------------------------------------------------- OR HOLDERS OF SENIOR INDEBTEDNESS. --------------------------------- No right of any present or future holders of any Senior Indebtedness to enforce subordination, as herein provided, shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of any Senior Indebtedness may extend, renew, modify or amend the terms of such Senior Indebtedness or any security therefor and release, sell or exchange such security and otherwise deal freely with the Company, all without affecting the liabilities and obligations of the parties to this Indenture or the Holders. No provision in any supplemental indenture which affects the superior position of the holders of the Senior Indebtedness shall be effective against the holders of the Senior Indebtedness unless the holders of such Senior Indebtedness (required pursuant to the terms of such Senior Indebtedness to give such consent) have consented thereto.
Subordination Rights Not Impaired. (a) No right of the Administrative Agent or any Lender to enforce the subordination provisions herein shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of Guarantor or any borrower under the Wachovia Credit Agreement or by any act or failure to act, in good faith, by the Administrative Agent or any such Lender, or by any noncompliance by Guarantor or any borrower under the Wachovia Credit Agreement with the terms of any Wachovia Loan Document, regardless of any knowledge thereof which any such Lender may have or be otherwise charged with. The Administrative Agent and the Lenders may extend, renew, modify or amend the terms of Senior Debt or any security therefor and release, sell or exchange such security and otherwise deal freely with the Guarantor or any borrower under the Wachovia Credit Agreement, all without affecting the liabilities and obligations of the Guarantor or any borrower under the Wachovia Credit Agreement or the rights of the Administrative Agent and the Lenders hereunder; provided, however, this Agreement does not extend to the refinancing of the Senior Debt unless such refinancing is arranged by the Administrative Agent.
Subordination Rights Not Impaired. (a) No right of the Agent or any Lender to enforce subordination as provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Intercompany Loan Party or by any act or failure to act, in good faith, by the Agent or any such Lender, or by any noncompliance by any Intercompany Loan Party with the terms of any Subordinated Obligation, regardless of any knowledge thereof which any such Lender may have or be otherwise charged with. The Agent and the Lenders may extend, renew, modify or amend the terms of Senior Indebtedness or any security therefor and release, sell or exchange such security and otherwise deal freely with any Intercompany Loan Party, all without affecting the liabilities and obligations of any other Intercompany Loan Party or the rights of the Agent and the Lenders hereunder.
Subordination Rights Not Impaired. The right or interest of any present or future holders of any Senior Obligations, and all agreements and obligations of any Payee under this Section 5.16, shall remain in full force and effect irrespective of: (i) any change in the time, manner or place of payment of, or in any other term in respect of, all or any of the Senior Obligations, or any amendment or waiver of any agreement or instrument related thereto; (ii) any exchange or release of, or non-perfection of any lien on or security interest in, any collateral, or any release from, amendment or waiver of or consent to departure from any guaranty, for all or any of the Senior Obligations; (iii) any other circumstance which might otherwise constitute a defense available to or discharge of such Payee in respect of the provisions of this Section 5.16; or (iv) any act or failure to act on the part of any Payor or by any act or failure to act, in good faith, by any holder of Senior Obligations, or by any noncompliance by such Payor with the terms of the Subordinated Obligations, regardless of any knowledge thereof which such Payee may have or be otherwise charged with.
Subordination Rights Not Impaired. No right of the Senior Administrative Agent or any present or future holders of any Senior Debt to enforce subordination as provided in this Article XII will at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Borrower or by any act or failure to act, in good faith, by the Senior Administrative Agent or any such holder, or by any noncompliance by the Borrower with the terms of this Agreement, regardless of any knowledge thereof that the Senior Administrative Agent or any such holder may have or otherwise be charged with.
Subordination Rights Not Impaired. No right of any present or future holders of any Senior Indebtedness to enforce subordination as provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any noncompliance by the Company with the terms of this Agreement. The terms of Section 4, the subordination effected hereby and the rights of the holders of the Senior Indebtedness created hereby shall not be affected by (a) any exercise or non-exercise of any right, power or remedy under or in respect of any Senior Indebtedness or any instrument, agreement or other documentation relating thereto or any collateral relating thereto or (b) any waiver, forbearance, compromise, consent, release, indulgence, delay or other action, inaction or omissions, in respect of any Senior Indebtedness or any instrument, agreement or other documentation relating thereto, including, without limitation, (i) the taking or accepting of collateral as security for any or all of the Senior Indebtedness or the release, surrender or exchange of any collateral now or thereafter securing any or all of the Senior Indebtedness, or (ii) the non-perfection of any security interest or lien securing any or all of the Senior Indebtedness, whether or not any holder of any Note shall have had notice or knowledge of any of the foregoing.
Subordination Rights Not Impaired. No right of any present or future holders of any Senior Obligations to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Borrower or by any act or failure to act in good faith by any such holder, or by any noncompliance by the Borrower with the terms and provisions of this Note. The holders of the Senior Obligations may at any time or from time to time and in their absolute discretion, change the manner, place or terms of payment of, change or extend the time of payment of, or renew or alter, any Senior Obligations, or amend, modify or supplement any agreement or instrument governing or evidencing such Senior Obligations or any other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Obligations including, without limitation, the waiver of default thereunder and the release of any collateral securing such Senior Obligations, all without notice to or consent from the Lender. This Note shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment of any of the Senior Obligations is rescinded, avoided or declared void as against a trustee or must otherwise be returned by any holder of Senior Obligations (or any agent therefor) upon the insolvency, bankruptcy or reorganization of the Borrower or otherwise, all as though such payment had not been made.
Subordination Rights Not Impaired. The allocation of priority set forth in this Agreement shall not be impaired by (i) any act or failure to act on the part of the Borrower; (ii) Clutterbuck’s exercise or failure to exercise any rights or remedies conferred on it under the Clutterbuck Loan Documents or under this Agreement; (iii) Perseus’ exercise or failure to exercise any rights or remedies conferred on it under the Perseus Loan Documents or under this Agreement; (iv) the taking of any other action or proceeding by Clutterbuck or Perseus against the Borrower; (v) any lack of validity or enforceability of any Clutterbuck Loan Document or Perseus Loan Document.
Subordination Rights Not Impaired. (a) No right of the Administrative Agent or any Lender to enforce subordination as provided herein shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Company or by any act or failure to act, in good faith, by the Administrative Agent or any such Lender, or by any noncompliance by any Company with the terms of any Subordinated Obligation, regardless of any knowledge thereof which any such Lender may have or be otherwise charged with. The Administrative Agent and the Lenders may extend, renew, modify or amend the terms of Senior Indebtedness or any security therefor and release, sell or exchange such security and otherwise deal freely with any Company, all without affecting the liabilities and obligations of any other Company or the rights of the Administrative Agent and the Lenders hereunder.
Subordination Rights Not Impaired. Nothing in this Indenture shall: (i) impair, as between the Company and Holders of Debentures, the obligation of the Company, which is absolute and unconditional, to pay principal of and interest on the Debentures in accordance with their terms; (ii) affect the relative rights of Holders of Debentures and creditors of the Company , other than holders of Senior Indebtedness; or (iii) prevent any Holder of Debentures from exercising its available remedies upon a default, subject to the rights of holders of Senior Indebtedness to receive distributions otherwise payable to Holders of Debentures. If the Company fails because of this Section 13.8 to pay principal of or interest on a Debenture on the due date, such failure shall nevertheless be deemed a default. For the purpose of this Section 13.8, the term "
