Common use of Subordination Rights Clause in Contracts

Subordination Rights. Not Impaired by Acts or Omissions of the Issuer 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 Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Issuer 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 Senior Indebtedness, may at any time or from time to time and in their absolute direction, change the manner, place or terms of payment, change or extend the time of payment of, or renew or alter, any such Senior indebtedness, or amend or supplement any instrument pursuant to which any such Senior Indebtedness is issued or by which it may be secured, or release any security therefor, or exercise or refrain from exercising any other of their rights under the 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 Issuer, the Trustee or the Holders of Securities under this Article Thirteen.

Appears in 4 contracts

Samples: Belco Oil & Gas Corp, Belco Oil & Gas Corp, Seagull Energy Corp

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Subordination Rights. Not Impaired by By Acts or Omissions of the Issuer or Holders of Issuer Senior Indebtedness. No right of any present or future holders of any Issuer 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 Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof with which any such holder may have or be otherwise charged withcharged. The holders of Issuer Senior Indebtedness, Indebtedness may at any time or from time to time and in their absolute directiondiscretion, change the manner, place or terms of payment, change or extend the time of payment of, or renew or alter, any such Issuer Senior indebtednessIndebtedness, or amend or supplement any instrument pursuant to which any such Issuer Senior Indebtedness is issued or by which it may be secured, or release any security therefor, or exercise or refrain from exercising any other of their rights under the Issuer Senior Indebtedness, including, without limitation, the waiver of default thereunder, all without notice to or assent from the Holders holders of the Securities or the Trustee and without affecting the obligations of the Issuerobligations, the Trustee or the Holders of the Securities under this Article ThirteenArticle.

Appears in 3 contracts

Samples: Article Nine Satisfaction And (Newmont Mining Corp /De/), Newmont (Newmont Usa LTD), Newmont Mining Corp

Subordination Rights. Not Impaired by Acts or Omissions of the Issuer 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 Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Issuer 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 Senior Indebtedness, may at any time or from time to time and in their absolute direction, change the manner, place or terms of payment, change or extend the time of payment of, or renew or alter, any such Senior indebtednessIndebtedness, or amend or supplement any instrument pursuant to which any such Senior Indebtedness is issued or by which it may be secured, or release any security therefor, or exercise or refrain from exercising any other of their rights under the such 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 Issuer, the Trustee or the Holders of Securities under this Article Thirteen.

Appears in 3 contracts

Samples: Citizens Communications Co, Hovnanian Enterprises Inc, Triton Energy LTD

Subordination Rights. Not Impaired by Acts or Omissions of the Issuer 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 Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Issuer 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 Senior IndebtednessIndebtedness may, may at any time or from time to time and in their absolute directiondiscretion, change the manner, place or terms of payment, change or extend the time of payment of, or renew or alter, any such Senior indebtednessIndebtedness, or amend or supplement any instrument pursuant to which any such Senior Indebtedness is issued or by which it may be secured, or release any security therefor, or exercise or refrain from exercising any other of their rights under the 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 Issuer, the Trustee or the Holders of Securities under this Article ThirteenFourteen.

Appears in 2 contracts

Samples: Service Corporation International, Service Corporation International

Subordination Rights. Not Impaired by Acts or Omissions of the Issuer 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 Issuer Company or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Issuer Company with the terms, terms and provisions and covenants of this Indenturethe Note, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior IndebtednessIndebtedness may, 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 directiondiscretion, change the manner, place or terms of paymentpayment of, change or extend the time of payment of, or renew or alter, any such Senior indebtednessIndebtedness or amend, or amend modify or supplement any agreement or instrument pursuant to which any governing or evidencing such Senior Indebtedness is issued or by which it may be secured, or release any security therefor, other document referred to therein or exercise or refrain from exercising any other of their rights under the Senior Indebtedness, Indebtedness including, without limitation, the waiver of default thereunderthereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the Holders holder of the Securities or the Trustee and without affecting the obligations of the Issuer, the Trustee or the Holders of Securities under this Article ThirteenNote.

Appears in 1 contract

Samples: Credit Agreement (Encompass Services Corp)

Subordination Rights. Not Impaired by Acts or Omissions of the Issuer Issuers or Holders of Senior Indebtedness. No right of any present or future holders of any Senior Indebtedness of an Issuer 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 an Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the such Issuer 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 Senior IndebtednessIndebtedness of an Issuer, may at any time or from time to time and in their absolute direction, change the manner, place or terms of payment, change or extend the time of payment of, or renew or alter, any such Senior indebtednessIndebtedness, or amend or supplement any instrument pursuant to which any such Senior Indebtedness is issued or by which it may be secured, or release any security therefor, or exercise or refrain from exercising any other of their rights under the such 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 IssuerIssuers, the Trustee or the Holders of Securities under this Article Thirteen.

Appears in 1 contract

Samples: Triton Energy Corp

Subordination Rights. Not Impaired by Acts or Omissions of the Issuer 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 Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Issuer 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 Senior IndebtednessIndebtedness may, may at any time or from time to time and in their absolute directiondiscretion, change the manner, place or terms of payment, change or extend the time of payment of, or renew or alter, any such Senior indebtednessIndebtedness, or amend or supplement any instrument pursuant to which any such Senior Indebtedness is issued or by which it may be secured, or release any security therefor, or exercise or refrain from exercising any other of their rights under the 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 Issuer, the Trustee or the Holders of Securities under this Article ThirteenXIV.

Appears in 1 contract

Samples: Service Corporation International

Subordination Rights. Not Impaired by Acts or ----------------------------------------------------- Omissions of the Issuer 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 Issuer Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Issuer 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 with. The holders of Senior IndebtednessIndebtedness may extend, may at any time renew, modify or from time to time and in their absolute direction, change amend the manner, place or terms of payment, change or extend the time of payment of, or renew or alter, any such Senior indebtedness, or amend or supplement any instrument pursuant to which any such Senior Indebtedness is issued or by which it may be secured, or release any security therefortherefor and release, sell or exercise or refrain from exercising any other of their rights under exchange such security and otherwise deal freely with the Senior Indebtedness, including, without limitation, the waiver of default thereunderCompany, all without notice to or assent from the Holders of the Securities or the Trustee and without affecting the liabilities and obligations of the Issuer, parties to the Trustee Indenture or the Holders Holders. No provision in any supplemental indenture which affects the superior position of Securities under this Article Thirteenthe holders of any then existing Senior Indebtedness shall be effective against the holders of the Senior Indebtedness who have not consented thereto.

Appears in 1 contract

Samples: Indenture (Intervest Mortgage Corp)

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Subordination Rights. Not Impaired by Acts or Omissions of the Issuer Holdings 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 Issuer Holdings or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Issuer Holdings with the terms, terms and provisions and covenants of this Indenturethe Earn-Out Obligation, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior IndebtednessIndebtedness may, may without in any way affecting the obligations of the holder of the Earn-Out Obligation with respect hereto, at any time or from time to time and in their absolute directiondiscretion, change the manner, place or terms of paymentpayment of, change or extend the time of payment of, or renew or alter, any such Senior indebtednessIndebtedness or amend, or amend modify, or supplement any agreement or instrument pursuant to which any governing or evidencing such Senior Indebtedness is issued or by which it may be secured, or release any security thereforother document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness, Indebtedness including, without limitation, the waiver of default thereunderthereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the Holders holder of the Securities or the Trustee and without affecting the obligations of the Issuer, the Trustee or the Holders of Securities under this Article ThirteenEarn-Out Obligation.

Appears in 1 contract

Samples: Credit Agreement (Aearo Corp)

Subordination Rights. Not Impaired by Acts or -------------------------------------------- Omissions of the Issuer Payor 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 Issuer Payor or by any act or failure to act, act in good faith, faith by any such holder, or by any noncompliance by the Issuer Payor with the terms, terms and provisions and covenants of this Indenturethe Note, regardless of any knowledge thereof which any such holder may have or be otherwise charged with. The holders of the Senior IndebtednessIndebtedness may, 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 directiondiscretion, change the manner, place or terms of paymentpayment of, change or extend the time of payment of, or renew or alter, any such Senior indebtednessIndebtedness or amend, or amend modify or supplement any agreement or instrument pursuant to which any governing or evidencing such Senior Indebtedness is issued or by which it may be secured, or release any security thereforother document referred to therein, or exercise or refrain from exercising any other of their rights under the Senior Indebtedness, Indebtedness including, without limitation, the waiver of default thereunderthereunder and the release of any collateral securing such Senior Indebtedness, all without notice to or assent from the Holders holder of the Securities or the Trustee and without affecting the obligations of the Issuer, the Trustee or the Holders of Securities under this Article ThirteenNote.

Appears in 1 contract

Samples: Motors & Gears Inc

Subordination Rights. Not Impaired by Acts or Omissions of the Issuer 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 Issuer Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Issuer 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 IndebtednessIndebtedness may extend, may at any time renew, modify or from time to time and in their absolute direction, change amend the manner, place or terms of payment, change or extend the time of payment of, or renew or alter, any such Senior indebtedness, or amend or supplement any instrument pursuant to which any such Senior Indebtedness is issued or by which it may be securedany Note therefor and release, sell or release any security therefor, or exercise or refrain from exercising any other of their rights under exchange such Note and otherwise deal freely with the Senior Indebtedness, including, without limitation, the waiver of default thereunderCompany, all without notice to or assent from the Holders of the Securities or the Trustee and without affecting the liabilities and obligations of the Issuer, the Trustee parties to this Indenture or the Holders Holders. No provision in any supplemental indenture which affects the superior position of Securities under this Article Thirteenthe 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.

Appears in 1 contract

Samples: Metromedia Fiber Network Inc

Subordination Rights. Not Impaired by Acts or Omissions of the Issuer ----------------------------------------------------- Company or Holders of Senior Indebtedness. No right of any present or future ------------------------------------------- Omissions of the 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 Issuer Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Issuer 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 with. The holders of Senior IndebtednessIndebtedness may extend, may at any time renew, modify or from time to time and in their absolute direction, change amend the manner, place or terms of payment, change or extend the time of payment of, or renew or alter, any such Senior indebtedness, or amend or supplement any instrument pursuant to which any such Senior Indebtedness is issued or by which it may be secured, or release any security therefortherefor and release, sell or exercise or refrain from exercising any other of their rights under exchange such security and otherwise deal freely with the Senior Indebtedness, including, without limitation, the waiver of default thereunderCompany, all without notice to or assent from the Holders of the Securities or the Trustee and without affecting the liabilities and obligations of the Issuer, parties to the Trustee Indenture or the Holders Holders. No provision in any supplemental indenture which affects the superior position of Securities under this Article Thirteenthe holders of any then existing Senior Indebtedness shall be effective against the holders of the Senior Indebtedness who have not consented thereto.

Appears in 1 contract

Samples: Indenture (Intervest Corporation of New York)

Subordination Rights. Not Impaired by Acts or Omissions of the Issuer Guarantor or Holders of Senior IndebtednessIndebtedness of the Guarantor. No right of any present or future holders of any Senior Indebtedness of the Guarantor 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 Issuer Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Issuer Guarantor 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 with. The holders of Senior IndebtednessIndebtedness of the Guarantor may extend, may at any time renew, modify or from time to time and in their absolute direction, change amend the manner, place or terms of payment, change or extend the time Senior Indebtedness of payment ofthe Guarantor, or renew or alter, any such Senior indebtedness, or amend or supplement any instrument pursuant to which any such Senior Indebtedness is issued or by which it may be secured, or release any security therefortherefor and release, sell or exercise or refrain from exercising any other of their rights under exchange such security and otherwise deal freely with the Senior Indebtedness, including, without limitation, the waiver of default thereunderGuarantor, all without notice to or assent from the Holders of the Securities or the Trustee and without affecting the liabilities and obligations of the Issuer, parties to the Trustee Indenture or the Holders Holders. No provision in any supplemental indenture which affects the superior position of Securities under this Article Thirteenthe holders of Senior Indebtedness of the Guarantor shall be effective against the holders of Senior Indebtedness of the Guarantor who have not consented thereto.

Appears in 1 contract

Samples: Toll Brothers Inc

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