Common use of Subordination Rights Not Impaired by Acts or Omissions of Company or Holders of Senior Indebtedness Clause in Contracts

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 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 act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of Senior Indebtedness may extend, renew, modify or amend the terms of the 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 the Indenture or the Holders of the Securities. 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 who have not consented thereto.

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 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 act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Company with the terms and provisions of this Indenturethe Note, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness may extendmay, without in any way affecting the obligations of the holder of the Note with respect hereto, 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, increase or otherwise alter, any Senior Indebtedness or amend, modify or amend the terms of the supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any security therefor other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness including, without limitation, the waiver of default thereunder and release, sell or exchange the release of any collateral securing such security and otherwise deal freely with the CompanySenior Indebtedness, all without affecting notice to or assent from the liabilities and obligations holder of the parties to the Indenture or the Holders of the Securities. 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 who have not consented theretoNote.

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 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 act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Company with the terms and provisions of this Indenturethe Note, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness may extendmay, renewwithout in any way affecting the obligations of the holder of the Note with respect hereto, 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 Indebtedness or amend, modify or amend the terms of the supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any security therefor other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness including, without limitation, the waiver of default thereunder and release, sell or exchange the release of any collateral securing such security and otherwise deal freely with the CompanySenior Indebtedness, all without affecting notice to or assent from the liabilities and obligations holder of the parties to the Indenture or the Holders of the Securities. 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 who have not consented theretoNote.

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 herein shall at any time in any way be Annex A prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Company with the terms and provisions of this Indenturethe Note, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness may extendmay, without in any way affecting the obligations of the holder of the Note with respect hereto, 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, increase or otherwise alter, any Senior Indebtedness or amend, modify or amend the terms of the supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any security therefor other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness including, without limitation, the waiver of default thereunder and release, sell or exchange the release of any collateral securing such security and otherwise deal freely with the CompanySenior Indebtedness, all without affecting notice to or assent from the liabilities and obligations holder of the parties to the Indenture or the Holders of the Securities. 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 who have not consented theretoNote.

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 subordination, as provided 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 noncompliance by the Company with the terms 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 the 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 the this Indenture or the Holders of the SecuritiesHolders. 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 who unless the holders of such Senior Indebtedness (required pursuant to the terms of such Senior Indebtedness to give such consent) have not consented thereto.

Subordination Rights Not Impaired by Acts or Omissions of Company or Holders of Senior Indebtedness. No right rights of any present or future holders of any Senior Indebtedness to enforce subordination as herein provided herein shall at any time in any way be prejudiced or impaired by any an act or failure to act on the part of the Company or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Company with the terms and provisions of this Indenturethe Subordinated Indebtedness, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness may extendmay, renewwithout in any way affecting the obligations of the holder of the Subordinated Indebtedness with respect thereto, 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 Indebtedness, or amend, modify or amend the terms of the supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any security therefor other document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness including, without limitation, the waiver of a default thereunder and release, sell or exchange the release of any collateral securing such security and otherwise deal freely with the CompanySenior Indebtedness, all without affecting notice to or consent from the liabilities and obligations holder of the parties to the Indenture or the Holders of the Securities. 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 who have not consented theretoSubordinated Indebtedness.