Common use of Subordination Rights Not Impaired by Acts Clause in Contracts

Subordination Rights Not Impaired by Acts. or Omissions of the Group Guarantor, the Company, the Trustee, Holders of Group Guarantor Senior Indebtedness or the Holders. No act, or failure to act, of any holder of the Group Guarantor Senior Indebtedness or their respective representatives or trustees (including, without limitation, any action referred to in this Section 12.8), the Group Guarantor, the Trustee, any Holder or any other Person in accordance with the terms, covenants or the provisions of this Article Twelve (regardless of any knowledge thereof which any such holder of the Group Guarantor Senior Indebtedness may have or otherwise be charged with) or any reorganization or similar proceeding with respect to the Group Guarantor shall affect the provisions of this Article Twelve, the obligations owed by the Group Guarantor, the Trustee or any Holder to the holders of the Group Guarantor Senior Indebtedness under this Article Twelve or the rights of any holder of Group Guarantor Senior Indebtedness under this Article Twelve. The Group Guarantor and the Trustee hereby agree, and each Holder, by continuing to hold the Securities, is hereby deemed to agree, that the taking of any of the following actions, with or without notice, by the holders of the Group Guarantor Senior Indebtedness and their respective representatives, will not in any way affect the provisions of this Article Twelve: (i) changing the manner, place or terms of payment or extending the time of payment of, or renewing or altering, any agreement or instrument creating, evidencing or governing any Group Guarantor Senior Indebtedness, or consenting to any amendment or change of any terms of any such agreement or instrument, each as amended from time to time; (ii) granting extensions or renewals of any such agreement or instrument and any other indulgence with respect thereto, or effecting any release, compromise or settlement with respect thereto; (iii) releasing any Person liable in any manner for the payment or collection of any Group Guarantor Senior Indebtedness; (iv) substituting, exchanging or releasing or otherwise disposing of any item of security at any time securing any Group Guarantor Senior Indebtedness, whether or not the collateral, if any, received upon the exercise of such power shall be of a character or value the same as or different from the character or value of the item of security released; (v) exercising or refraining from exercising any rights or remedies against the Group Guarantor or any other Person; and (vi) taking any other action, or refraining from taking any action, that, in the absence of authority granted hereby, could have the effect of impairing, invalidating or rendering unenforceable, in whole or in part, or otherwise affecting, any of the provisions of this Article Twelve.

Subordination Rights Not Impaired by Acts. or Omissions of the Group Guarantor, the Company, the Trustee, Issuer or Holders of Group Guarantor Issuer Senior Indebtedness or the HoldersGuarantor Senior Indebtedness. No actright of any present or future holders of any Issuer Senior Indebtedness or Guarantor Senior Indebtedness, as applicable, to enforce the subordination that is provided for in this First Supplemental Indenture shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or any Guarantor, or by any act or failure to act, of in good faith, by any holder of such holder, or by any noncompliance by the Group Guarantor Senior Indebtedness or their respective representatives or trustees (including, without limitation, any action referred to in this Section 12.8), the Group Guarantor, the Trustee, any Holder Issuer or any other Person in accordance Guarantor with the terms, provisions, and covenants or of the provisions of this Article Twelve (Indenture, regardless of any knowledge thereof which any such holder of the Group Guarantor Senior Indebtedness may have or be otherwise be charged with) or any reorganization or similar proceeding with respect to the Group Guarantor shall affect the provisions of this Article Twelve, the obligations owed by the Group Guarantor, the Trustee or any Holder to the . The holders of the Group Issuer Senior Indebtedness or Guarantor Senior Indebtedness under this Article Twelve Indebtedness, as applicable, may, at any time or the rights of any holder of Group Guarantor Senior Indebtedness under this Article Twelve. The Group Guarantor from time to time and the Trustee hereby agreein their absolute discretion, and each Holder, by continuing to hold the Securities, is hereby deemed to agree, that the taking of any of the following actions, with or without notice, by the holders of the Group Guarantor Senior Indebtedness and their respective representatives, will not in any way affect the provisions of this Article Twelve: (i) changing change the manner, place place, or terms of payment payment, change or extending extend the time of payment of, or renewing renew or alteringalter, any agreement Issuer Senior Indebtedness or instrument creating, evidencing or governing any Group Guarantor Senior Indebtedness, or consenting amend or supplement any instrument pursuant to which any amendment Issuer Senior Indebtedness or change of Guarantor Senior Indebtedness is issued or by which it may be secured, or release any terms of any such agreement security, or instrument, each as amended exercise or refrain from time to time; (ii) granting extensions or renewals of any such agreement or instrument and exercising any other indulgence with respect thereto, of their rights under any Issuer Senior Indebtedness or effecting any release, compromise or settlement with respect thereto; (iii) releasing any Person liable in any manner for the payment or collection of any Group Guarantor Senior Indebtedness; (iv) substituting, exchanging or releasing or otherwise disposing of any item of security at any time securing any Group Guarantor Senior Indebtedness, whether including, without limitation, the waiver of default, all without notice to or not the collateral, if any, received upon the exercise of such power shall be of a character or value the same as or different assent from the character or value Holders of the item Notes or the Trustee and without affecting the obligations of security released; (v) exercising or refraining from exercising the Issuer, any rights or remedies against Guarantor, the Group Guarantor or any other Person; and (vi) taking any other actionTrustee, or refraining from taking any action, that, in the absence of authority granted hereby, could have the effect of impairing, invalidating or rendering unenforceable, in whole or in part, or otherwise affecting, any Holders of the provisions of Notes under this Article TwelveSection 2.16.

Subordination Rights Not Impaired by Acts. or Omissions of the Group Guarantor, the Company, the Trustee, Holders of Group Guarantor Senior Indebtedness or the HoldersSecurityholders. No act, or failure to act, of any holder of the Group Guarantor Senior Indebtedness or their respective representatives or trustees (including, without limitation, any action referred to in this Section 12.812.08), the Group Guarantor, the Trustee, any Holder or any other Person in accordance with the terms, covenants or the provisions of this Article Twelve 12 (regardless of any knowledge thereof which any such holder of the Group Guarantor Senior Indebtedness may have or otherwise be charged with) or any reorganization or similar proceeding with respect to the Group Guarantor shall affect the provisions of this Article Twelve12, the obligations owed by the Group Guarantor, the Trustee or any Holder to the holders of the Group Guarantor Senior Indebtedness under this Article Twelve 12 or the rights of any holder of Group Guarantor Senior Indebtedness under this Article Twelve12. The Group Guarantor and Guarantor, the Trustee hereby agree, and each Holder, by continuing to hold the Securities, is Holder hereby deemed to agree, agree that the taking of any of the following actions, with or without notice, by the holders of the Group Guarantor Senior Indebtedness and their respective representatives, will not in any way affect the provisions of this Article Twelve12: (i) changing the manner, place or terms of payment or extending the time of payment of, or renewing or altering, any agreement or instrument creating, evidencing or governing any Group Guarantor Senior Indebtedness, or consenting to any amendment or change of any terms of any such agreement or instrument, each as amended from time to time; (ii) granting extensions or renewals of any such agreement or instrument and any other indulgence with respect thereto, or effecting any release, compromise or settlement with respect thereto; (iii) releasing any Person liable in any manner for the payment or collection of any Group Guarantor Senior Indebtedness; (iv) substituting, exchanging or releasing or otherwise disposing of any item of security at any time securing any Group Guarantor Senior Indebtedness, whether or not the collateral, if any, received upon the exercise of such power shall be of a character or value the same as or different from the character or value of the item of security released; (v) exercising or refraining from exercising any rights or remedies against the Group Guarantor or any other Person; and (vi) taking any other action, or refraining from taking any action, that, in the absence of authority granted hereby, could have the effect of impairing, invalidating or rendering unenforceable, in whole or in part, or otherwise affecting, any of the provisions of this Article Twelve12.

Subordination Rights Not Impaired by Acts. or Omissions of the Group Guarantor, the Company, the Trustee, Holders of Group Guarantor Senior Indebtedness or the Holders. No act, or failure to act, of any holder of the Group Guarantor Senior Indebtedness or their respective representatives or trustees (including, without limitation, any action referred to in this Section 12.812.08), the Group Guarantor, the Trustee, any Holder or any other Person in accordance with the terms, covenants or the provisions of this Article Twelve (regardless of any knowledge thereof which any such holder of the Group Guarantor Senior Indebtedness may have or otherwise be charged with) or any reorganization or similar proceeding with respect to the Group Guarantor shall affect the provisions of this Article Twelve, the obligations owed by the Group Guarantor, the Trustee or any Holder to the holders of the Group Guarantor Senior Indebtedness under this Article Twelve or the rights of any holder of Group Guarantor Senior Indebtedness under this Article Twelve. The Group Guarantor and the Trustee hereby agree, and each Holder, by continuing to hold the Securities, is hereby deemed to agree, that the taking of any of the following actions, with or without notice, by the holders of the Group Guarantor Senior Indebtedness and their respective representatives, will not in any way affect the provisions of this Article Twelve: (i) changing the manner, place or terms of payment or extending the time of payment of, or renewing or altering, any agreement or instrument creating, evidencing or governing any Group Guarantor Senior Indebtedness, or consenting to any amendment or change of any terms of any such agreement or instrument, each as amended from time to time; (ii) granting extensions or renewals of any such agreement or instrument and any other indulgence with respect thereto, or effecting any release, compromise or settlement with respect thereto; (iii) releasing any Person liable in any manner for the payment or collection of any Group Guarantor Senior Indebtedness; (iv) substituting, exchanging or releasing or otherwise disposing of any item of security at any time securing any Group Guarantor Senior Indebtedness, whether or not the collateral, if any, received upon the exercise of such power shall be of a character or value the same as or different from the character or value of the item of security released; (v) exercising or refraining from exercising any rights or remedies against the Group Guarantor or any other Person; and (vi) taking any other action, or refraining from taking any action, that, in the absence of authority granted hereby, could have the effect of impairing, invalidating or rendering unenforceable, in whole or in part, or otherwise affecting, any of the provisions of this Article Twelve.

Subordination Rights Not Impaired by Acts. or Omissions ------------------------------------------------------ of the Group Guarantor, the Company, the Trustee, Guarantors or Holders of Group Guarantor Senior Indebtedness or the HoldersDebt. No act, right of any present ----------------------------------------------------- or future holders of any Guarantor Senior Debt 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 Guarantor or by any act or failure to act, of in good faith, by any holder of the Group such holder, or by any noncompliance by any Guarantor Senior Indebtedness or their respective representatives or trustees (including, without limitation, any action referred to in this Section 12.8), the Group Guarantor, the Trustee, any Holder or any other Person in accordance with the terms, covenants or the provisions terms of this Article Twelve (Indenture, regardless of any knowledge thereof which any such holder of the Group Guarantor Senior Indebtedness may have or otherwise be charged with) or . Without in any reorganization or similar proceeding with respect to way limiting the Group Guarantor shall affect generality of the provisions of this Article Twelveforegoing paragraph, the obligations owed by holders of Guarantor Senior Debt may, at any time and from time to time, without the Group Guarantor, consent of or notice to the Trustee or any Holder the Holders, without incurring responsibility to the holders of Trustee or the Group Guarantor Senior Indebtedness under Holders and without impairing or releasing the subordination provided in this Article Twelve or the rights of any holder of Group Guarantor Senior Indebtedness under this Article Twelve. The Group Guarantor and the Trustee hereby agree, and each Holder, by continuing to hold the Securities, is hereby deemed to agree, that the taking of any obligations hereunder of the following actions, with or without notice, by Holders to the holders of the Group Guarantor Senior Indebtedness and their respective representativesDebt, will not in do any way affect one or more of the provisions of this Article Twelvefollowing: (i) changing change the manner, place or terms of payment or extending extend the time of payment of, or renewing renew or alteringalter, Guarantor Senior Debt, or otherwise amend or supplement in any manner Guarantor Senior Debt, or any instrument evidencing the same or any agreement or instrument creating, evidencing or governing any Group under which Guarantor Senior Indebtedness, or consenting to any amendment or change of any terms of any such agreement or instrument, each as amended from time to timeDebt is outstanding; (ii) granting extensions sell, exchange, release or renewals of otherwise deal with any such agreement property pledged, mortgaged or instrument and any other indulgence with respect thereto, or effecting any release, compromise or settlement with respect theretootherwise securing Guarantor Senior Debt; (iii) releasing release any Person liable in any manner for the payment or collection of any Group Guarantor Senior IndebtednessDebt; and (iv) substituting, exchanging exercise or releasing or otherwise disposing of any item of security at any time securing any Group Guarantor Senior Indebtedness, whether or not the collateral, if any, received upon the exercise of such power shall be of a character or value the same as or different from the character or value of the item of security released; (v) exercising or refraining refrain from exercising any rights or remedies against the Group Guarantor or Guarantors and any other Person; and (vi) taking any other action, or refraining from taking any action, that, in the absence of authority granted hereby, could have the effect of impairing, invalidating or rendering unenforceable, in whole or in part, or otherwise affecting, any of the provisions of this Article Twelve.

Subordination Rights Not Impaired by Acts. or Omissions of the Group Guarantor, the Company, the Trustee, Issuer or Holders of Group Guarantor Issuer Senior Indebtedness or the HoldersGuarantor Senior Indebtedness. No actright of any present or future holders of any Issuer Senior Indebtedness or Guarantor Senior Indebtedness, as applicable, to enforce the subordination that is provided for in this Second Supplemental Indenture shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or any Guarantor, or by any act or failure to act, of in good faith, by any holder of such holder, or by any noncompliance by the Group Guarantor Senior Indebtedness or their respective representatives or trustees (including, without limitation, any action referred to in this Section 12.8), the Group Guarantor, the Trustee, any Holder Issuer or any other Person in accordance Guarantor with the terms, provisions and covenants or of the provisions of this Article Twelve (Indenture, regardless of any knowledge thereof which any such holder of the Group Guarantor Senior Indebtedness may have or be otherwise be charged with) or any reorganization or similar proceeding with respect to the Group Guarantor shall affect the provisions of this Article Twelve, the obligations owed by the Group Guarantor, the Trustee or any Holder to the . The holders of the Group Issuer Senior Indebtedness or Guarantor Senior Indebtedness under this Article Twelve Indebtedness, as applicable, may, at any time or the rights of any holder of Group Guarantor Senior Indebtedness under this Article Twelve. The Group Guarantor from time to time and the Trustee hereby agreein their absolute discretion, and each Holder, by continuing to hold the Securities, is hereby deemed to agree, that the taking of any of the following actions, with or without notice, by the holders of the Group Guarantor Senior Indebtedness and their respective representatives, will not in any way affect the provisions of this Article Twelve: (i) changing change the manner, place place, or terms of payment payment, change or extending extend the time of payment of, or renewing renew or alteringalter, any agreement Issuer Senior Indebtedness or instrument creating, evidencing or governing any Group Guarantor Senior Indebtedness, or consenting amend or supplement any instrument pursuant to which any amendment Issuer Senior Indebtedness or change of Guarantor Senior Indebtedness is issued or by which it may be secured, or release any terms of any such agreement security, or instrument, each as amended exercise or refrain from time to time; (ii) granting extensions or renewals of any such agreement or instrument and exercising any other indulgence with respect thereto, of their rights under any Issuer Senior Indebtedness or effecting any release, compromise or settlement with respect thereto; (iii) releasing any Person liable in any manner for the payment or collection of any Group Guarantor Senior Indebtedness; (iv) substituting, exchanging or releasing or otherwise disposing of any item of security at any time securing any Group Guarantor Senior Indebtedness, whether including, without limitation, the waiver of default, all without notice to or not the collateral, if any, received upon the exercise of such power shall be of a character or value the same as or different assent from the character or value Holders of the item Notes or the Trustee and without affecting the obligations of security released; (v) exercising or refraining from exercising the Issuer, any rights or remedies against Guarantor, the Group Guarantor or any other Person; and (vi) taking any other actionTrustee, or refraining from taking any action, that, in the absence of authority granted hereby, could have the effect of impairing, invalidating or rendering unenforceable, in whole or in part, or otherwise affecting, any Holders of the provisions of Notes under this Article TwelveSection 2.16.

Subordination Rights Not Impaired by Acts. or Omissions of the Group Guarantor, the Company, the Trustee, ---------------------------------------------------------- Subsidiary Guarantors or Holders of Group Guarantor Senior ----------------------------------------------------- Indebtedness. ------------ No right of any present or future holders of any Guarantor Senior Indebtedness of a Subsidiary Guarantor to enforce subordination as provided herein shall at any time in any way be prejudiced or the Holders. No act, impaired by any act or failure to actact on the part of such Subsidiary Guarantor or by any act or failure to act by any such holder, of or by any holder of the Group noncompliance by such Subsidiary Guarantor Senior Indebtedness or their respective representatives or trustees (including, without limitation, any action referred to in this Section 12.8), the Group Guarantor, the Trustee, any Holder or any other Person in accordance with the terms, covenants or the provisions terms of this Article Twelve (Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. Without in any way limiting the generality of the Group preceding paragraph of this Section, the holders of Guarantor Senior Indebtedness may have may, at any time and from time to time, without the consent of or otherwise be charged with) or any reorganization or similar proceeding with respect notice to the Group Guarantor shall affect the provisions of this Article Twelve, the obligations owed by the Group Guarantor, the Trustee or any Holder the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination or other benefits provided in this Article, or the obligations hereunder of the Holders of the Securities to the holders of the Group Guarantor Senior Indebtedness under this Article Twelve Indebtedness, do any one or the rights of any holder of Group Guarantor Senior Indebtedness under this Article Twelve. The Group Guarantor and the Trustee hereby agree, and each Holder, by continuing to hold the Securities, is hereby deemed to agree, that the taking of any more of the following actions, with or without notice, by the holders of the Group Guarantor Senior Indebtedness and their respective representatives, will not in any way affect the provisions of this Article Twelvefollowing: (i1) changing change the manner, place or terms of payment or extending extend the time of payment of, or renewing renew, exchange, amend, increase or alteringalter, Guarantor Senior Indebtedness or the term of any instrument evidencing the same or any agreement under which Guarantor Senior Indebtedness is outstanding or instrument creatingany liability of any obligor thereon (unless such change, evidencing extension or governing alteration results in such Indebtedness no longer being Guarantor Senior Indebtedness as defined in this Indenture); (2) sell, exchange, release or otherwise deal with any Group Property pledged, mortgaged or otherwise securing Guarantor Senior Indebtedness, ; (3) settle or consenting to compromise any amendment Guarantor Senior Indebtedness or change any liability of any terms of any such agreement obligor thereon or instrument, each as amended from time to time; (ii) granting extensions or renewals of any such agreement or instrument and any other indulgence with respect thereto, or effecting any release, compromise or settlement with respect thereto; (iii) releasing release any Person liable in any manner for the payment or collection of any Group Guarantor Senior Indebtedness; and (iv4) substituting, exchanging exercise or releasing or otherwise disposing of any item of security at any time securing any Group Guarantor Senior Indebtedness, whether or not the collateral, if any, received upon the exercise of such power shall be of a character or value the same as or different from the character or value of the item of security released; (v) exercising or refraining refrain from exercising any rights or remedies against the Group Guarantor or Company and any other Person; and (vi) taking any other action, or refraining from taking any action, that, in the absence of authority granted hereby, could have the effect of impairing, invalidating or rendering unenforceable, in whole or in part, or otherwise affecting, any of the provisions of this Article Twelve.

Subordination Rights Not Impaired by Acts. or Omissions of the Group Guarantor, the Company, the Trustee, Issuer or Holders of Group Guarantor Issuer Senior Indebtedness or the HoldersGuarantor Senior Indebtedness. No actright of any present or future holders of any Issuer Senior Indebtedness or Guarantor Senior Indebtedness, as applicable, to enforce the subordination that is provided for in this Supplemental Indenture shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Issuer or any Guarantor, or by any act or failure to act, of in good faith, by any holder of such holder, or by any noncompliance by the Group Guarantor Senior Indebtedness or their respective representatives or trustees (including, without limitation, any action referred to in this Section 12.8), the Group Guarantor, the Trustee, any Holder Issuer or any other Person in accordance Guarantor with the terms, provisions and covenants or of the provisions of this Article Twelve (Indenture, regardless of any knowledge thereof which any such holder of the Group Guarantor Senior Indebtedness may have or be otherwise be charged with) or any reorganization or similar proceeding with respect to the Group Guarantor shall affect the provisions of this Article Twelve, the obligations owed by the Group Guarantor, the Trustee or any Holder to the . The holders of the Group Issuer Senior Indebtedness or Guarantor Senior Indebtedness under this Article Twelve Indebtedness, as applicable, may, at any time or the rights of any holder of Group Guarantor Senior Indebtedness under this Article Twelve. The Group Guarantor from time to time and the Trustee hereby agreein their absolute discretion, and each Holder, by continuing to hold the Securities, is hereby deemed to agree, that the taking of any of the following actions, with or without notice, by the holders of the Group Guarantor Senior Indebtedness and their respective representatives, will not in any way affect the provisions of this Article Twelve: (i) changing change the manner, place place, or terms of payment payment, change or extending extend the time of payment of, or renewing renew or alteringalter, any agreement Issuer Senior Indebtedness or instrument creating, evidencing or governing any Group Guarantor Senior Indebtedness, or consenting amend or supplement any instrument pursuant to which any amendment Issuer Senior Indebtedness or change of Guarantor Senior Indebtedness is issued or by which it may be secured, or release any terms of any such agreement security, or instrument, each as amended exercise or refrain from time to time; (ii) granting extensions or renewals of any such agreement or instrument and exercising any other indulgence with respect thereto, of their rights under any Issuer Senior Indebtedness or effecting any release, compromise or settlement with respect thereto; (iii) releasing any Person liable in any manner for the payment or collection of any Group Guarantor Senior Indebtedness; (iv) substituting, exchanging or releasing or otherwise disposing of any item of security at any time securing any Group Guarantor Senior Indebtedness, whether including, without limitation, the waiver of default, all without notice to or not the collateral, if any, received upon the exercise of such power shall be of a character or value the same as or different assent from the character or value Holders of the item Notes or the Trustees and without affecting the obligations of security released; (v) exercising or refraining from exercising the Issuer, any rights or remedies against Guarantor, the Group Guarantor or any other Person; and (vi) taking any other actionTrustees, or refraining from taking any action, that, in the absence of authority granted hereby, could have the effect of impairing, invalidating or rendering unenforceable, in whole or in part, or otherwise affecting, any Holders of the provisions of Notes under this Article TwelveSection 2.16.

Subordination Rights Not Impaired by Acts. or Omissions ------------------------------------------------------ of the Group Guarantor, the Company, the Trustee, Guarantors or Holders of Group Senior Debt. -------------------------------------------------------- No right of any present or future holders of any Senior Debt to enforce subordination provisions contained in this Article XII 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 Senior Indebtedness or the Holders. No act, by any act or failure to act, of in good faith, by any holder of such holder, or by any noncompliance by the Group Guarantor Senior Indebtedness or their respective representatives or trustees (including, without limitation, any action referred to in this Section 12.8), the Group Guarantor, the Trustee, any Holder Company or any other Person in accordance Guarantor with the terms, covenants or the provisions terms of this Article Twelve (Indenture, regardless of any knowledge thereof which any such holder of the Group Guarantor Senior Indebtedness may have or be otherwise be charged with) . The holders of Senior Debt may extend, renew, modify or amend the terms of the Senior Debt or any reorganization security therefor and release, sell or similar proceeding exchange such security and otherwise deal freely with respect the Company and the Guarantors, all without affecting the liabilities and obligations of the parties to this Indenture or the Group Guarantor shall affect Holders. The subordination provisions contained in this Indenture are for the provisions benefit of this Article Twelve, the obligations owed by the Group Guarantor, the Trustee or any Holder to the holders from time to time of the Group Guarantor Senior Indebtedness under this Article Twelve Debt and may not be rescinded, cancelled, amended or modified in any way other than any amendment or modification that would not adversely affect the rights of any holder of Group Guarantor Senior Indebtedness under this Article TwelveDebt or any amendment or modification that is consented to by each holder of Senior Debt that would be adversely affected thereby. The Group Guarantor and subordination provisions hereof shall continue to be effective or be reinstated, as the Trustee hereby agreecase may be, and each Holder, by continuing to hold the Securities, is hereby deemed to agree, that the taking if at any time any payment of any of the following actions, with Senior Debt is rescinded or without notice, must otherwise be returned by the holders any holder of the Group Guarantor Senior Indebtedness and their respective representativesDebt upon the insolvency, will not in any way affect the provisions of this Article Twelve: (i) changing the manner, place or terms of payment or extending the time of payment ofbankruptcy, or renewing or alteringreorganization of the Company, any agreement or instrument creating, evidencing or governing any Group Guarantor Senior IndebtednessGuarantor, or consenting to any amendment or change of any terms of any otherwise, all as though such agreement or instrument, each as amended from time to time; (ii) granting extensions or renewals of any such agreement or instrument and any other indulgence with respect thereto, or effecting any release, compromise or settlement with respect thereto; (iii) releasing any Person liable in any manner for the payment or collection of any Group Guarantor Senior Indebtedness; (iv) substituting, exchanging or releasing or otherwise disposing of any item of security at any time securing any Group Guarantor Senior Indebtedness, whether or has not the collateral, if any, received upon the exercise of such power shall be of a character or value the same as or different from the character or value of the item of security released; (v) exercising or refraining from exercising any rights or remedies against the Group Guarantor or any other Person; and (vi) taking any other action, or refraining from taking any action, that, in the absence of authority granted hereby, could have the effect of impairing, invalidating or rendering unenforceable, in whole or in part, or otherwise affecting, any of the provisions of this Article Twelvebeen made.

Subordination Rights Not Impaired by Acts. or Omissions ------------------------------------------------------ of the Group Guarantor, the Company, the TrusteeParent, the Guarantors or Holders of Group Senior Debt. -------------------------------------------------------------------- No right of any present or future holders of any Senior Debt to enforce subordination provisions contained in this Article XII shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company, the Parent or any Guarantor Senior Indebtedness or the Holders. No act, by any act or failure to act, of in good faith, by any holder of such holder, or by any noncompliance by the Group Guarantor Senior Indebtedness or their respective representatives or trustees (including, without limitation, any action referred to in this Section 12.8)Company, the Group Guarantor, the Trustee, any Holder Parent or any other Person in accordance Guarantor with the terms, covenants or the provisions terms of this Article Twelve (Indenture, regardless of any knowledge thereof which any such holder of the Group Guarantor Senior Indebtedness may have or be otherwise be charged with) . The holders of Senior Debt may extend, renew, modify or amend the terms of the Senior Debt or any reorganization security therefor and release, sell or similar proceeding exchange such security and otherwise deal freely with respect to the Group Guarantor shall affect the provisions of this Article TwelveCompany, the Parent and the Guarantors, all without affecting the liabilities and obligations owed by of the Group Guarantor, parties to this Indenture or the Trustee or any Holder to Holders. The subordination provisions contained in this Indenture are for the benefit of the holders from time to time of the Group Guarantor Senior Indebtedness under this Article Twelve Debt and may not be rescinded, cancelled, amended or modified in any way other than any amendment or modification that would not 101 adversely affect the rights of any holder of Group Guarantor Senior Indebtedness under this Article TwelveDebt or any amendment or modification that is consented to by each holder of Senior Debt that would be adversely affected thereby. The Group Guarantor and subordination provisions hereof shall continue to be effective or be reinstated, as the Trustee hereby agreecase may be, and each Holder, by continuing to hold the Securities, is hereby deemed to agree, that the taking if at any time any payment of any of the following actions, with Senior Debt is rescinded or without notice, must otherwise be returned by the holders any holder of the Group Guarantor Senior Indebtedness and their respective representativesDebt upon the insolvency, will not in any way affect the provisions of this Article Twelve: (i) changing the manner, place or terms of payment or extending the time of payment ofbankruptcy, or renewing reorganization of the Company, the Parent or altering, any agreement or instrument creating, evidencing or governing any Group Guarantor Senior IndebtednessGuarantor, or consenting to any amendment or change of any terms of any otherwise, all as though such agreement or instrument, each as amended from time to time; (ii) granting extensions or renewals of any such agreement or instrument and any other indulgence with respect thereto, or effecting any release, compromise or settlement with respect thereto; (iii) releasing any Person liable in any manner for the payment or collection of any Group Guarantor Senior Indebtedness; (iv) substituting, exchanging or releasing or otherwise disposing of any item of security at any time securing any Group Guarantor Senior Indebtedness, whether or has not the collateral, if any, received upon the exercise of such power shall be of a character or value the same as or different from the character or value of the item of security released; (v) exercising or refraining from exercising any rights or remedies against the Group Guarantor or any other Person; and (vi) taking any other action, or refraining from taking any action, that, in the absence of authority granted hereby, could have the effect of impairing, invalidating or rendering unenforceable, in whole or in part, or otherwise affecting, any of the provisions of this Article Twelvebeen made.