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 Debt. --------------------------------- No right of any present or future holders of any 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 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 otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt 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 Securities and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Securities to the holders of the Senior Debt, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt, or otherwise amend or supplement in any manner Senior Debt, or any instrument evidencing the same or any agreement under which Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt; (iii) release any Person liable in any manner for the payment or collection of Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.

Subordination Rights Not Impaired by Acts. or Omissions --------------------------------------------------------------------- of the ------------------------------------------------------------- Company Borrower or Holders of Senior DebtIndebtedness. --------------------------------- No right rights of any present or --------------------------------------------- future holders of any Senior Debt 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 Borrower or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Company Borrower with Exhibit E the terms and provisions of this Indenturethe Subordinated Indebtedness, regardless of any knowledge thereof which any such holder may have or be otherwise be charged with. Without The holders of the Senior Indebtedness may, without in any way limiting affecting the generality obligations of the foregoing paragraph, holder of the holders of Senior Debt maySubordinated Indebtedness with respect thereto, at any time and or from time to timetime and in their absolute discretion, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Securities to the holders of the Senior Debt, 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 Senior DebtIndebtedness, or otherwise amend amend, modify or supplement in any manner agreement or instrument governing or evidencing such Senior DebtIndebtedness or any other document referred to therein, or any instrument evidencing the same or any agreement under which Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt; (iii) release any Person liable in any manner for the payment or collection of Senior Debt; and (iv) exercise or refrain from exercising any other of their rights against under the Company Senior Indebtedness including, without limitation, the waiver of a default thereunder and the release of any other Personcollateral securing such Senior Indebtedness, all without notice to or consent from the holder of the Subordinated Indebtedness.

Subordination Rights Not Impaired by Acts. or Omissions of the ------------------------------------------------------------- Company ----------------------------------------------------------------- or Holders of Senior DebtIndebtedness. --------------------------------- No right of any present or future holders of any Senior Debt 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 non-compliance 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 be charged with. Without 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 way limiting supplemental indenture which affects the generality superior position of the foregoing paragraph, the holders of Senior Debt 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 Securities and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Securities to the holders of the Senior Debt, do any one or more Indebtedness shall be effective against the holders of the following: Senior Indebtedness unless the holders of such Senior Indebtedness (i) change required pursuant to the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Senior Debt, or otherwise amend or supplement in any manner Senior Debt, or any instrument evidencing the same or any agreement under which Senior Debt is outstanding; (iiIndebtedness to give such consent) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt; (iii) release any Person liable in any manner for the payment or collection of Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Personhave consented thereto.

Subordination Rights Not Impaired by Acts. or Or Omissions of the Of The ------------------------------------------------------------- Company or Or Holders of Of Senior DebtIndebtedness. --------------------------------- ----------------------------------------- No right of any present or future holders of any Senior Debt 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, 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 be charged with. Without in any way limiting the generality of the foregoing paragraph, the The holders of Senior Debt Indebtedness may, at any time and or from time to timetime and in their absolute discretion, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Securities to the holders of the Senior Debt, do any one or more of the following: (i) change the manner, place or terms of payment payment, change or extend the time of payment of, or renew or alter, any such Senior DebtIndebtedness, or otherwise amend or supplement in any manner instrument pursuant to which any such Senior DebtIndebtedness is issued or by such it may be secured, or any instrument evidencing the same or any agreement under which Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt; (iii) release any Person liable in any manner for the payment security therefor, or collection of Senior Debt; and (iv) exercise or refrain from exercising any other of their rights against under the Company Senior Indebtedness including, without limitation, the waiver of default thereunder, all without notice to or assent from the Holders of the Securities or the Trustee and without affecting the obligations of the Company, the Trustee or the Holders of the Securities under this Article. This instrument may be executed in any other Personnumber of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.

Subordination Rights Not Impaired by Acts. or Omissions ------------------------------------------------------ of the ------------------------------------------------------------- Company or Holders of Senior DebtIndebtedness. --------------------------------- No right of any present or future -------------------------------------------- holders of any Senior Debt 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 be charged with. Without The holders of the Senior Indebtedness may, without in any way limiting affecting the generality obligations of the foregoing paragraph, holder of the holders of Senior Debt mayNote with respect hereto, at any time and or from time to timetime and in their absolute discretion, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Securities to the holders of the Senior Debt, 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 Senior DebtIndebtedness or amend, modify or supplement any agreement or instrument governing or evidencing such Senior Indebtedness or any other document referred to therein, or otherwise amend or supplement in any manner Senior Debt, or any instrument evidencing the same or any agreement under which Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt; (iii) release any Person liable in any manner for the payment or collection of Senior Debt; and (iv) exercise or refrain from exercising any other of their rights against under the Company Senior Indebtedness including, without limitation, the waiver of default thereunder and the release of any other Personcollateral securing such Senior Indebtedness, all without notice to or assent from the holder of the Note.

Subordination Rights Not Impaired by Acts. or Omissions of the ------------------------------------------------------------- Company Guarantors or Holders of Guarantor Senior Debt. --------------------------------- No 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 the Company any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company any Guarantor with the terms of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Guarantor Senior Debt 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 Securities and without impairing or releasing the subordination provided in this Article Ten Twelve or the obligations hereunder of the Holders of the Securities to the holders of the Guarantor Senior Debt, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Debt, or otherwise amend or supplement in any manner Guarantor Senior Debt, or any instrument evidencing the same or any agreement under which Guarantor Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Debt; (iii) release any Person liable in any manner for the payment or collection of Guarantor Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company Guarantors and any other Person.

Subordination Rights Not Impaired by Acts. or Omissions ------------------------------------------------------ of the ------------------------------------------------------------- Company Issuer or Holders of Issuer Senior DebtIndebtedness. --------------------------------- No right of any present or -------------------------------------------------- future holders of any Issuer Senior Debt 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 Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Issuer with the terms terms, provisions and covenants of this Indenture, regardless of any knowledge thereof with which any such holder may have or be otherwise be charged withcharged. Without in any way limiting the generality of the foregoing paragraph, the The holders of Issuer Senior Debt may, Indebtedness may at any time and or from time to timetime and in their absolute discretion, without the consent of or notice to the Trustee, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Securities to the holders of the Senior Debt, do any one or more of the following: (i) change the manner, place or terms of payment payment, change or extend the time of payment of, or renew or alter, any such Issuer Senior DebtIndebtedness, or otherwise amend or supplement in any manner instrument pursuant to which any such Issuer Senior DebtIndebtedness is issued or by which it may be secured, or any instrument evidencing the same or any agreement under which Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt; (iii) release any Person liable in any manner for the payment security therefor, or collection of Senior Debt; and (iv) exercise or refrain from exercising any other of their rights against under the Company Issuer Senior Indebtedness, including, without limitation, the waiver of default thereunder, all without notice to or assent from the holders of the Securities or the Trustee and any other Personwithout affecting the obligations, the Trustee or the Holders of the Securities under this Article.

Subordination Rights Not Impaired by Acts. or Omissions of the ------------------------------------------------------------- Company Company, the Guarantors or Holders of Guarantor Senior Debt. --------------------------------- No 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 the Company any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company such Guarantor with the terms of this Indenture, Indenture or the Guarantee regardless of any knowledge thereof which any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Guarantor Senior Debt may, at any time and from time to time, without the consent of or notice to the TrusteeTrustee or Holders, without incurring responsibility to the Trustee or the Holders of the Securities Guarantees and without impairing or releasing the subordination provided in this Article Ten 13 111 or the obligations hereunder of the Holders of the Securities Guarantees to the holders of the Guarantor Senior Debt, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Guarantor Senior Debt, or otherwise amend or supplement in any manner Guarantor Senior Debt, or any instrument evidencing the same or any agreement under which Guarantor Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Guarantor Senior Debt; (iii) release any Person liable in any manner for the payment or collection of Guarantor Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company Guarantor and any other Person.

Subordination Rights Not Impaired by Acts. or Omissions ------------------------------------------------------ of the ------------------------------------------------------------- Company or Holders of Senior DebtDebt . --------------------------------- No right of any present or future ---------------------------------------- holders of any Senior Debt to enforce subordination as provided herein shall at any time in any way be prejudiced preju diced 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 otherwise be charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the TrusteeTrustee or the Holders, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article Ten or the obligations hereunder of the Holders of the Securities to the holders of the Senior Debt, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt, or otherwise amend or supplement in any manner Senior Debt, or any instrument evidencing the same or any agreement under which Senior Debt is outstanding; (ii) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt; (iii) release any Person liable in any manner for the payment or collection of Senior Debt; and (iv) exercise or refrain from exercising any rights against the Company and any other Person.