Common use of Subordination Rights Not Impaired 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 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 non-compliance by the Company with the 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 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 supplemental indenture which affects the superior position of the holders of the Senior Indebtedness shall be effective against the holders of the Senior Indebtedness unless the holders of such Senior Indebtedness (required pursuant to the terms of such Senior Indebtedness to give such consent) have consented thereto.

Subordination Rights Not Impaired. BY ACTS OR OMISSIONS OF COMPANY ----------------------------------------------------------------- THE ISSUERS OR ------------------------------------------------------------------------ HOLDERS OF SENIOR INDEBTEDNESSDEBT. --------------------------------- ---------------------- No right of any present or future holders of any Senior Indebtedness Debt 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 Issuers or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by the Company Issuers with the terms, provisions and covenants terms of this 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 Debt may, at any Senior Indebtedness may extendtime and from time to time, renew, modify without the consent of or amend notice to the terms of such Senior Indebtedness Trustee or any security therefor and releaseHolder of a Security, sell without incurring responsibility to the Trustee or exchange such security and otherwise deal freely with the Company, all without affecting the liabilities and obligations Holders of the parties to Securities and without impairing or releasing the subordination provided in this Indenture Article Ten or the Holders. No provision in any supplemental indenture which affects obligations hereunder of the superior position Holders of the Securities to the holders of the Senior Indebtedness shall be effective 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 holders of the Senior Indebtedness unless the holders of such Senior Indebtedness (required pursuant to the terms of such Senior Indebtedness to give such consent) have consented theretoIssuers and any other Person.

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 non-compliance noncompliance by the Company with the terms, provisions and covenants terms of this Indenture, regardless of any knowledge thereof which any such holder may have or be otherwise charged withAgreement. The holders of any Senior Indebtedness may extend, renew, modify or amend the terms of such Senior Indebtedness or any security therefor Section 4, the subordination effected hereby 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 supplemental indenture which affects the superior position rights of the holders of the Senior Indebtedness created hereby shall not be effective against affected by (a) any exercise or non-exercise of any right, power or remedy under or in respect of any Senior Indebtedness or any instrument, agreement or other documentation relating thereto or any collateral relating thereto or (b) any waiver, forbearance, compromise, consent, release, indulgence, delay or other action, inaction or omissions, in respect of any Senior Indebtedness or any instrument, agreement or other documentation relating thereto, including, without limitation, (i) the holders taking or accepting of collateral as security for any or all of the Senior Indebtedness unless or the release, surrender or exchange of any collateral now or thereafter securing any or all of the Senior Indebtedness, or (ii) the non-perfection of any security interest or lien securing any or all of the Senior Indebtedness, whether or not any holder of any Note shall have had notice or knowledge of any of the foregoing. No course of dealing with holders of such the Notes or delay by a holder of the Senior Indebtedness (required pursuant in exercising any right or remedy hereunder or in failing to exercise the terms of such Senior Indebtedness to give such consent) have consented thereto.same shall operate as a waiver thereof. SECTION 4.7

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, act by any such holder, or by any non-compliance noncompliance by the Company with the terms, provisions and covenants terms of this IndentureNote, regardless of any knowledge thereof which any such holder may have or otherwise be otherwise charged with. The holders of any Senior Indebtedness Creditors may extend, renew, modify or amend the terms of such the Senior Indebtedness or any security therefor (subject, in all cases to the terms contained in the definitions of Senior Indebtedness) and release, sell or exchange such security and otherwise deal freely with the CompanyCompany and its assets, all without impairing the provisions of Sections 3 and 4, hereof, or affecting the liabilities and obligations of the parties to this Indenture such arrangements or the Holders. No provision in Holder, and the Holder, by acceptance of this note or payment hereunder, irrevocably waives any supplemental indenture which affects the superior position right to receive notice of any of the holders of the foregoing and any right to require any Senior Creditor to marshal any security for Senior Indebtedness shall be effective or to enforce any lien now or hereafter granted to secure Senior Indebtedness, or to pursue any claim against the holders any obligor in respect of the Senior Indebtedness unless the holders of such Senior Indebtedness (required pursuant Indebtedness, as a condition to the terms effectiveness of such Senior Indebtedness to give such consent) have consented theretoSections 3 or 4, hereof, or otherwise.