Common use of No Waiver of Subordination Provisions Clause in Contracts

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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, act by any such holder, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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, act by any such holder, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt of the Guarantor 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 Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Debt 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company any Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt of the Company 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt of the Company 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Indebtedness of the Company 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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, act by any such holder, or by any noncompliance non- compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt to enforce the subordination as provisions 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, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 Issuer or the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Issuer or the Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Debt 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company any Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Permitted Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this IndentureDebenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Obligation 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any ------------------------------------- present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Permitted Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a1) No right of any present or future holder of any Senior Debt Indebtedness of the Company 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Perpetual Subordinated Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Debt Indebtedness or Designated 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 Holding or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company or Holding with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this the Subordinated Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Indebtedness to enforce the subordination as provisions 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 any failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 Issuer or any Holder or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Issuer or any Holder with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Permitted Senior Debt 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, act by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Designated Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.,

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Company Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 Operating Partnership or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Operating Partnership with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 any Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company or any Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 Guarantor or the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Guarantor or the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No a)No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Debt 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 a 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, provisions and covenants of this the Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 any Subsidiary Guarantor, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company or any Subsidiary Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Claims 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 the relevant Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company or the relevant Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder Holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a1) No right of any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Indebtedness to enforce subordination of the Subordinated Obligations 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 Issuer or any Holder or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Issuer or any Holder with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Indebtedness of the Company 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right ------------------------------------- of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 - 153 - 167 act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 any Obligor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company any Obligor with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (aA) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this IndentureDebenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.. 63

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 Borrower or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non-compliance by the Company Borrower or the Guarantor with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company or with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of -------------------------------------- any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or 84 -77- 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, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 a Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company such Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 Partnership or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Partnership with the terms, provisions and covenants of this IndentureNote, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Secured 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a1) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No a)No right of any present or future holder of any Senior Debt 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 the Trustee or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non-compliance by the Company or the Trustee with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 Customer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Customer with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may hay have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Subordinated Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Company Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance 98 -91- non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants 104 of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt to enforce subordination as herein provided shall at any time in any way be prejudiced or 115 124 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, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non compliance by the Company Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Indebtedness of the Company 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 noncompliance by the Company with the terms, provisions and covenants of this First Supplemental Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 holderholder or any Senior Representative, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a1) No right of any present or future holder of any Senior Debt 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 Obligor or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non-compliance by the Company Obligor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that the Obligor or any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder (or representative thereof) of any Senior Debt 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, act by any such holder, or by any noncompliance non-compliance by the Company with the terms, terms provisions and covenants of this Indenturethe Subordinated Debt Documents, regardless of any knowledge thereof that any such holder (or representative thereof) may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder Holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 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, provisions and covenants of this Indenture, regardless regard less of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Indebtedness to enforce subordination as herein provided 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 or by any act or failure to act, in good faith, by any such holderholder or any Representative, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Indebtedness of the Corporation 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 Corporation or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company Corporation with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with. SECTION 13.10.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 any Guarantor, or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company or any Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 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, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (ai) No right of any present or future holder of any Senior Debt Indebtedness to enforce subordination of the Obligations on account of the Notes 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 any Holder or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company or any Holder with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a1) No right of any present or future holder of any Senior Debt 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, act by any such holder, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with 150 the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any ------------------------------------- present or future holder of any Senior Debt 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 holderholders, or by any noncompliance by the Company with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.; and

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Indebtedness or Senior Subordinated 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Exchange Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt to enforce the subordination as herein provided of the Indebtedness evidenced by this Note shall at any time or in any way be prejudiced or impaired by any act or failure to act on the part of the Company Comdial or by any act or failure to act, in good faith, act by any such holder, or by any noncompliance non-compliance by the Company Comdial with the terms, provisions and covenants of this IndentureNote, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.;

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt Indebtedness and Guarantor Senior Indebtedness, as the case may be, 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that which any such holder may have or otherwise be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 Borrower or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company Borrower with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a1) No right of any present or future holder of any Senior Debt 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, act by any such holder, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Supplemental Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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, act by any such holder, or by any noncompliance non compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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, act by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, Debenture regardless of any knowledge thereof that which any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 holderHolder, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder Holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder the holders of any Senior Debt 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 any of the Company Loan Parties or by any act or failure to act, in good faith, by act on the part of any such holderholder or holders, or by any noncompliance by any of the Company Loan Parties with the terms, provisions and covenants conditions of this Indenture, the Senior Loan Documents regardless of any knowledge thereof that which the holders of Senior Indebtedness, or any such holder of them, may have or be otherwise charged with.

No Waiver of Subordination Provisions. (ai) No right of any present or future holder of any Senior Debt 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 noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 holderholder or any Senior Representative, or by any noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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, act by any such holderHolder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, Note regardless of any knowledge thereof that which any such holder Holder thereof may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Debt 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 noncompliance non-compliance by the Company with the terms, provisions and covenants of this Indentureas described herein, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.

No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Indebtedness under the Senior Debt Credit Facility 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 any Issuer or by any act or failure to act, in good faith, by any such holder, or by any noncompliance non-compliance by the Company any Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.