Common use of Subordination Rights Not Impaired by Acts 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 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 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. Without the consent of or notice to the Trustee or the Holders, 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 impairing the liabilities and obligations of the parties to this Indenture or the Holders.

Appears in 2 contracts

Samples: Indenture (Total Renal Care Holdings Inc), Data Processing Resources Corp

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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 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 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. Without the consent of or notice to the Trustee or the Holders, the 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 impairing affecting the liabilities and obligations of the parties to this Indenture or the Holders.

Appears in 2 contracts

Samples: Halter Marine Group Inc, May & Speh Inc

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 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 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. Without the consent of or notice to the Trustee or the Holders, the 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 impairing affecting the liabilities and obligations of the parties to this Indenture or the Holders.

Appears in 1 contract

Samples: United States Filter Corp

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 provisions contained in this Article XII X 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. Without the consent of or notice to the Trustee or the Holders, the 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 impairing affecting the liabilities and obligations of the parties to this Indenture or the Holders.

Appears in 1 contract

Samples: Indenture (Mueller Industries Inc)

Subordination Rights Not Impaired by Acts. or Or Omissions of the Of The ------------------------------------------------------------- Company or Or Holders of Of Senior Indebtedness. ----------------------------------------- No right of any present or future holders of any Senior Indebtedness to enforce subordination provisions contained in this Article XII 11 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. Without the consent of or notice to the Trustee or the Holders, the 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 impairing affecting the liabilities and obligations of the parties to this the Indenture or the Holders.

Appears in 1 contract

Samples: Platinum Technology Inc

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 provisions contained in this Article XII X 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. Without the consent of or notice to the Trustee or the Holders, the 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 impairing affecting the liabilities and obligations of the parties to this Indenture or the Holders.

Appears in 1 contract

Samples: Indenture (Mueller Industries Inc)

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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 provisions contained in this Article XII 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, Agreement or the Note regardless of any knowledge thereof which any such holder may have or be otherwise charged with. Without the consent of or notice to the Trustee or the Holders, the 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 impairing affecting the liabilities and obligations of the parties to this Indenture or the Holders.

Appears in 1 contract

Samples: Note Purchase Agreement (Specialty Products & Insulation Co)

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 provisions contained in this Article XII 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, Agreement or the Note regardless of any knowledge thereof which any such holder may have or be otherwise charged with. Without the consent of or notice to the Trustee or the Holders, the 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 impairing affecting the liabilities and obligations of the parties to this Indenture or the Holders.

Appears in 1 contract

Samples: Note Agreement (Specialty Products & Insulation Co)

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 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 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. Without the consent of or notice to the Trustee or the Holders, 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 impairing the liabilities and obligations of the parties to this Indenture or the Holders.

Appears in 1 contract

Samples: Registration Rights Agreement (Apollo Investment Fund Iv Lp)

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