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

Subordination Rights Not Impaired by Acts or Omissions of the 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 noncompliance by the Company with the terms and provisions of the Note, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness may, 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 or alter, any Senior Indebtedness or amend, modify or supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any 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 the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the holder of the Note. ANNEX A

Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce 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 act, in good faith faith, by any such holder, or by any noncompliance by the Company with the terms and provisions of the Notethis Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be otherwise charged with. The 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, without incurring responsibility to the Trustee or the Holders of the Notes and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Notes to the holders of the Senior Indebtedness mayIndebtedness, without in do any way affecting the Obligations one or more of the holder of the Note with respect hereto, at any time or from time to time and in their absolute discretion, following: (i) change the manner, place or terms of payment of, change 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 amendotherwise deal with any property pledged, modify mortgaged or supplement otherwise securing Senior Indebtedness; (iii) release any agreement Person liable in any manner for the payment or instrument governing or evidencing such collection of Senior Indebtedness or any other document referred to therein, or Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other of their rights under the Senior Indebtedness, including, without limitation, the waiver of a Default thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the holder of the Note. ANNEX APerson.

Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, to enforce subordination subordination, as herein provided 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 any Guarantor by any act or failure to act act, in good faith faith, by any such holder, or by any noncompliance by the Company or any Guarantor with the terms terms, provisions and provisions covenants of the Notethis Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, may, without in any way affecting the Obligations of the holder of the Note with respect hereto, at any time or from time to time time, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee of the Holders and in their absolute discretionwithout impairing or releasing the subordination provisions of the Indenture or the obligations under the Indenture to the holder of the Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, do any one or more of the following: (i) change the manner, place or terms of payment of, change or extend the time of payment of, or renew or alter, any the Senior Indebtedness or amendGuarantor Senior Indebtedness, modify as the case may be, or otherwise amend or supplement in any agreement or instrument governing or evidencing such manner, Senior Indebtedness or any other document referred to thereinGuarantor Senior Indebtedness, as the case may be, or any instrument evidencing the same or any agreement under which Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be, is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be; (iii) release any Person liable in any manner for the payment or collection of Senior Indebtedness or Guarantor Senior Indebtedness, as the case may be; and (iv) exercise or refrain from exercising any rights against the Company, any Guarantor or any other Person. No amendment of their this Article 11 or any defined terms used herein or any other Sections referred to in this Article 11 which adversely affects the rights under the hereunder of holders of Senior Indebtedness or Guarantor Senior Indebtedness, includingas the case may be, without limitation, shall be effective unless the waiver holders of a Default thereunder and the release of any collateral securing such Senior Indebtedness or Guarantor Senior Indebtedness, all without notice as the case may be (required 91 pursuant to the terms of such Senior Indebtedness or assent from Guarantor Senior Indebtedness, as the holder of the Note. ANNEX Acase may be, to give such consent), have consented thereto.

Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce subordination subordination, as herein provided 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 act, in good faith faith, by any such holder, or by any noncompliance by the Company with the terms terms, provisions and provisions covenants of the Notethis Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior Indebtedness may, 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 or alter, any Senior Indebtedness or amendmay extend, renew, modify or supplement any agreement or instrument governing or evidencing 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 amendment of this Article XI or any defined terms used herein or any other document Sections referred to therein, or exercise or refrain from exercising any other in this Article XI which adversely affects the rights hereunder of their rights under the holders of Senior Indebtedness, including, without limitation, shall be effective unless the waiver holders of a Default thereunder and the release of any collateral securing such Senior Indebtedness, all without notice Indebtedness (required pursuant to or assent from the holder terms of the Note. ANNEX Asuch Senior Indebtedness to give such consent) have consented thereto.

Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. (a) No right of any present or future holders of any Senior Indebtedness to enforce the subordination provisions 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 Company; by any act or failure to act in good faith by any such holder, ; by any act or failure to act by any other holder of the Senior Indebtedness; or by any noncompliance by the Company with the terms and provisions of the Notehereof, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders Subordinated Claimants shall not be released, nor shall the Subordinated Claimants’ obligation hereunder be in anyway diminished, by any of the following: (i) the exercise or the failure to exercise by any Senior Lender of any rights or remedies conferred on it or them under the Senior Loan Documents hereunder or existing at law or otherwise, or against any Company Property; (ii) the commencement of an action at law or the recovery of a judgment at law against the Company, the Management Co. or any Obligor for the performance of the Senior Indebtedness may, without in any way affecting and the Obligations of enforcement thereof through levy or execution or otherwise; (iii) the holder of the Note with respect hereto, at any time taking 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 supplement any agreement or instrument governing or evidencing such Senior Indebtedness institution or any other document referred to thereinaction or proceeding against the Company, the Management Co. or any Obligor; (iv) any delay in taking, pursuing, or exercise or refrain from exercising any other of their rights under the foregoing actions, rights, powers, or remedies (even though requested by Subordinated Claimants) by any Senior Indebtedness, including, without limitation, the waiver Lender or anyone acting for any Senior Lender; (v) any lack of a Default thereunder and validity or enforceability of any Senior Loan Document; (vi) the release or non-perfection of any collateral securing such the Senior Indebtedness; or (vii) any other circumstance which might otherwise constitute a defense available to, all without notice to or assent from a discharge of, the holder Company, the Management Co. or any Obligor in respect of the Note. ANNEX ASenior Indebtedness or Subordinated Claimants in respect of this Agreement.

Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness to enforce 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 act, in good faith faith, by any such holder, or by any noncompliance by the Company with the terms and provisions of the Notethis Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be otherwise charged with. The 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 Trustee or the Holders and without impairing or releasing the subordination provided in this Article 12 or the obligations hereunder of the Holders to the holders of the Senior Indebtedness mayIndebtedness, without in do any way affecting the Obligations one or more of the holder of the Note with respect hereto, at any time or from time to time and in their absolute discretion, following: (i) change the manner, place or terms of payment of, change 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 amendotherwise deal with any property pledged, modify mortgaged or supplement otherwise securing Senior Indebtedness; (iii) re­lease any agreement Person liable in any manner for the payment or instrument governing or evidencing such collection of Senior Indebtedness or any other document referred to therein, or Indebtedness; and (iv) exercise or refrain from exercising any rights against the Company and any other Person. Table of their rights under the Senior Indebtedness, including, without limitation, the waiver of a Default thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the holder of the Note. ANNEX AContents

Subordination Rights Not Impaired by Acts or Omissions of the Company or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness of the Company to enforce 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 act, in good faith faith, by any such holder, or by any noncompliance by the Company with the terms and provisions of the Notethis Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be otherwise charged with. The 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, without incurring responsibility to the Trustee or the Holders of the Notes and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Notes to the holders of the Senior Indebtedness may, without in any way affecting the Obligations of the holder Company, do any one or more of the Note with respect hereto, at any time or from time to time and in their absolute discretion, following: (i) change the manner, place or terms of payment of, change or extend the time of payment of, or renew or alter, any Senior Indebtedness of the Company, or amend, modify otherwise amend or supplement in any manner Senior Indebtedness of the Company, or any instrument evidencing the same or any agreement or instrument governing or evidencing such under which Senior Indebtedness of the Company is outstanding; (ii) sell, exchange, release or otherwise deal with any other document referred to thereinproperty pledged, mortgaged or otherwise securing Senior Indebtedness of the Company; (iii) release any Person liable in any manner for the payment or collection of Senior Indebtedness of the Company; and (iv) exercise or refrain from exercising any rights against the Company and any other of their rights under the Senior Indebtedness, including, without limitation, the waiver of a Default thereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the holder of the Note. ANNEX APerson.