Common use of No Waiver of Guarantee Subordination Provisions Clause in Contracts

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt of any Guarantor 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Company or any Guarantor with the terms of this Indenture, regardless of any knowledge thereof 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 of any Guarantor 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 12 or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior Debt, do any one or more of the following:(1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt or any Senior Debt to which such Guarantor Senior Debt relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt of any Guarantor 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 Issuer or any such Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Company Issuer or any such Guarantor with the terms of this Indenture, regardless of any knowledge thereof 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 of any Guarantor 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 12 Twelve or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior Debt, do any one or more of the following:(1following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt or any Senior Debt to which such Guarantor Senior Debt relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt Indebtedness of any Guarantor 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Company or any Guarantor with the terms of this Indenture, regardless of any knowledge thereof 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 Indebtedness of any Guarantor 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 12 Twelve or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior DebtIndebtedness, do any one or more of the following:(1following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness to which such Guarantor Senior Debt Guarxxxxx Xxnior Indebtedness relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt of any Guarantor 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Company or any Guarantor with the terms of this Indenture, regardless of any knowledge thereof any such holder may have or otherwise be charged with. Without in any way limiting the generality of the foregoing paragraphSection 12.09, the holders or owners of Guarantor Senior Debt of any Guarantor may, at any time and from time to time, without the consent of or notice to the TrusteeTrustee or the Holders of the Securities, without incurring responsibility to the Trustee or the Holders of the Securities and without impairing or releasing the subordination provided in this Article 12 or the obligations hereunder of the Holders of the Guarantees Securities to the holders of such Guarantor Senior Debt, do any one or more of the following:(1following: (a) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such all or any of the Guarantor Senior Debt or (including any Senior Debt as to which such Guarantor Senior Debt relates, change in the rate of interest thereon) or otherwise amend or supplement in any manner such manner, or grant any waiver or release with respect to, Guarantor Senior Debt or any Senior Debt to instrument evidencing the same or any agreement under which such Guarantor Senior Debt relatesis outstanding or secured; (2b) sell, exchange, release release, not perfect or otherwise deal with any property at any time pledged, assigned, mortgaged or otherwise securing such Guarantor Senior Debt Debt, or amend, or grant any waiver or release with respect to, or consent to, any departure from any guarantee for all or any Senior Debt as to which such of the Guarantor Senior Debt relatesDebt; (3c) release any person Person liable in any manner for the collection under or payment in respect of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relatesDebt; and (4d) exercise or refrain from exercising any rights against such , and release from obligations of any type, the Guarantor and any other Person; and (e) apply any sums from time to time received to the Guarantor Senior Debt.

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt Indebtedness of any Guarantor 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Company or any Guarantor with the terms of this Indenture, regardless of any knowledge thereof 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 Indebtedness of any Guarantor 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 12 Ten B or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior DebtIndebtedness, do any one or more of the following:(1following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness to which such Guarantor Senior Debt Indebtedness relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.any

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt of any Guarantor 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Company or any Guarantor with the terms of this Indenture, regardless of any knowledge thereof 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 Indebtedness of any Guarantor 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 12 Ten B or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior DebtIndebtedness, do any one or more of the following:(1following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness to which such Guarantor Senior Debt Indebtedness relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt Indebtedness or any Senior Debt Indebtedness as to which such Guarantor Senior Debt Indebtedness relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.

No Waiver of Guarantee Subordination Provisions. No right of any present or future holder of any Guarantor Senior Debt of any Guarantor 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 Issuer 128 -119- or any such Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by the Company Issuer or any such Guarantor with the terms of this Indenture, regardless of any knowledge thereof 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 of any Guarantor 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 Notes and without impairing or releasing the subordination provided in this Article 12 Twelve or the obligations hereunder of the Holders of the Guarantees to the holders of such Guarantor Senior Debt, do any one or more of the following:(1following: (1) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates, or otherwise amend or supplement in any manner such Guarantor Senior Debt or any Senior Debt to which such Guarantor Senior Debt relates; (2) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; (3) release any person liable in any manner for the collection or payment of such Guarantor Senior Debt or any Senior Debt as to which such Guarantor Senior Debt relates; and (4) exercise or refrain from exercising any rights against such Guarantor and any other Person.