No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 9 contracts
Samples: Indenture (Sonic Automotive Clearwater Inc), Credit Agreement (United Auto Group Inc), Brooks Pharmacy, Inc.
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Guarantor 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 Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 6 contracts
Samples: Subordinated Indenture (Wsyt Licensee L P), Lease Agreement (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Guarantor 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 Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 5 contracts
Samples: Indenture (Marsh Village Pantries Inc), Lower Road Associates LLC, Tyco International LTD /Ber/
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Guarantor 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 a Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any such Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 5 contracts
Samples: Indenture (Transportation Technologies Industries Inc), Indenture (Buslease Inc /New/), Supplemental Indenture (TNP Enterprises Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Borrower or any Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by the Borrower or any Guarantor with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 5 contracts
Samples: Bridge Loan Agreement (Alderwoods Group Inc), Credit Agreement (Superior Telecom Inc), Credit Agreement (Alpine Group Inc /De/)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Indebtedness to enforce subordination as herein provided its rights under this Indenture shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Guarantor the Company or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 3 contracts
Samples: Indenture (Mercury Finance Co), Indenture (Mercury Finance Co), MFN Financial Corp
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 any Guarantor the Company or the Trustee or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any Guarantor the Company or the Trustee with the terms, provisions and covenants of this Agreement or the Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 3 contracts
Samples: Indenture (Rogers Communications Inc), Company Subordination Agreement (Rogers Wireless Inc), Registration Rights Agreement (Rogers Wireless Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 a Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any such Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 3 contracts
Samples: Couche Tard (3055854 Nova Scotia Co), Affinity Group Inc, Affinity Group Holding, Inc.
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Guarantor Publishing or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance noncompliance by any Guarantor Hollxxxxx Xxxernational with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Hollinger International Publishing Inc, Hollinger International Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Company or Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Company or Guarantor with the terms, provisions and covenants of this Guaranty or the Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Guaranty (Total Renal Care Holdings Inc), Supplemental Indenture (Total Renal Care Holdings Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Guarantor the Issuer or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor the Issuer with the terms, provisions and covenants of this Perpetual Subordinated Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Sumitomo Mitsui Financial Group, Inc., Sumitomo Mitsui Financial Group, Inc.
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Guarantor the Note Issuer or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any Guarantor the Note 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.
Appears in 2 contracts
Samples: Pooling Agreement (Fresenius Medical Care Corp), Fresenius Medical Care Corp
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Master Collateral Agent or Senior Guarantor Indebtedness Noteholder 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 Guarantor the Borrower or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any Guarantor the Borrower with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Form of Intercreditor Agreement (Eldertrust), Intercreditor Agreement (Eldertrust)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Guarantor or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any Guarantor with the terms, provisions and covenants of this the Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Supplemental Indenture (Playtex Products Inc), Supplemental Indenture (Playtex Products Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 any Guarantor the Company or the Trustee or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any Guarantor the Company or the Trustee with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or to be otherwise charged with.
Appears in 2 contracts
Samples: Indenture (Rogers Communications Inc), Registration Rights Agreement (Rogers Wireless Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Guarantor Senior Guarantor Indebtedness 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 any the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any the Guarantor with the terms, provisions and covenants of this IndentureGuarantee Agreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 2 contracts
Samples: Guarantee Agreement (Alcoa Trust I), Guarantee Agreement (Boise Cascade Trust Iii)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Guarantor the Company or the Trustee or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any Guarantor the Company or the Trustee with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Regal Cinemas Inc
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Indebtedness of the Guarantor 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 the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any 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.
Appears in 1 contract
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 a Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any such Guarantor with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Purchase Agreement (Iowa Telecommunications Services Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor Indebtedness 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 any the High Yield Subordinated Guarantor or by any act or failure to act, in good faith, act by any such holder, holder or by any non-compliance by any the High Yield Subordinated Guarantor with the terms, provisions and covenants of this IndentureIndenture or the Intercreditor Deed, regardless of any knowledge thereof any such holder may have or otherwise be otherwise charged with.
Appears in 1 contract
Samples: Intercompany Loan Agreement (Lucite International Finance PLC)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Guarantor Obligor or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance by any Guarantor Obligor with the terms, provisions provision and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Execution Copy (Genmar Holdings Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Guarantor the Company or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any Guarantor the Company with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Securities Purchase Agreement (Carrizo Oil & Gas Inc)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Guarantor the Borrower or by any act or failure to act, in good faith, act by any such holder, or by any non-compliance noncompliance by any Guarantor the Borrower with the terms, provisions and covenants of this IndentureAgreement, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Credit Agreement (Value City Department Stores Inc /Oh)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Guarantor the Borrower or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor the Borrower with the terms, provisions and covenants of this Indentureany document evidencing or governing such Senior Indebtedness or the Notes, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Helicon Capital Corp
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by 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.
Appears in 1 contract
Samples: Indenture (Phoenix Md Realty LLC)
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 -80- of any Guarantor the Issuers or by any act or failure to act, in good faith, by any such holder, or by any non-compliance by any Guarantor the Issuers with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Norcross Capital Corp
No Waiver of Subordination Provisions. (a) No right of any present or future holder of any Senior Guarantor 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 the Guarantor or by any act or failure to act, in good faith, by any such holder, or by any non-compliance noncompliance by any the Guarantor with the terms, provisions and covenants of this IndentureGuarantee Agreement, regardless of any knowledge thereof that any such holder may have or be otherwise charged with.
Appears in 1 contract
Samples: Guarantee Agreement (Bowater Inc)
