Common use of No Waiver of Subordination Provisions Clause in Contracts

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any series, without incurring responsibility to the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of Securities of such series to the holders of Senior Debt, do any one or more of the following:

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesSecurities, without incurring responsibility to the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior DebtIndebtedness, do any one or more of the following:

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesSecurities, without incurring responsibility to the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article 13 or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior DebtIndebtedness, do any one or more of the following:

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders holders of the Securities of any seriesSecurities, without incurring responsibility to the Holders holders of the Securities of such series and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders holders of the Securities of such series to the holders of Senior Debt, do any one or more of the following:: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Debt, or otherwise amend or supplement in any manner Senior Debt or any instrument evidencing

No Waiver of Subordination Provisions. 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 IndentureSecurity, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesSecurities, without incurring responsibility to the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior Debt, do any one or more of the following:: (i) change the manner, place or terms of payment

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesSecurities, without incurring responsibility to the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior Debt, do any one or more of the following:: (i) change the manner,

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesSecurities, without incurring responsibility to the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article 14 or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior DebtIndebtedness, do any one or more of the following:

No Waiver of Subordination Provisions. 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 Second Supplemental Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesNotes, without incurring responsibility to the Holders of the Securities of such series Notes and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of Securities of such series the Notes to the holders of Senior DebtIndebtedness, do any one or more of the following:: (i) change the manner, place or terms of payment or

No Waiver of Subordination Provisions. 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 the Indenture and this First Supplemental Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesSeries 8-3/4% Notes, without incurring responsibility to the Holders of the Securities of such series Series 8-3/4% Notes and without impairing or releasing the subordination provided in this Article V or the obligations hereunder of the Holders of Securities of such series the Series 8-3/4% Notes to the holders of Senior DebtIndebtedness, do any one or more of the following:

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraphforegoing, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesNoteholder, without incurring responsibility to the Holders of the Securities of such series any Noteholder and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of Securities of such series Noteholders to the holders of Senior DebtIndebtedness, do any one or more of the following:

No Waiver of Subordination Provisions. 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 IndentureSecurity, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesHolder, without incurring responsibility to the Holders of the Securities of such series Holder and without impairing or releasing the subordination provided in this Article 9 or the obligations hereunder of the Holders of Securities of such series Holder to the holders of Senior DebtIndebtedness, do any one or more of the following:

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any series, without incurring responsibility to the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article XIII or the obligations hereunder of the Holders of Securities of such series to the holders of Senior Debt, do any one or more of the following:

No Waiver of Subordination Provisions. 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 72 66 covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesSecurities, without incurring responsibility to the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior DebtIndebtedness, do any one or more of the following:

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesSecurities, without incurring responsibility to the Holders of the Securities of such series or coupons appertaining thereto and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities of such series or coupons appertaining thereto to the holders of Senior DebtIndebtedness, do any one or more of the following:: (i) change the manner, place or terms of

No Waiver of Subordination Provisions. 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 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any series, without incurring responsibility to the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of Securities of such series to the holders of Senior Debt, do any one or more of the following:

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesDebentures, without incurring responsibility to the Holders of the Securities of such series Debentures and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of Securities of such series Debentures to the holders of Senior Debt, Indebtedness do any one or more of the following:: (a) change the manner, place or terms of payment or

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesSecurities, without incurring responsibility to the Holders of the Securities of such series or coupons appertaining thereto and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities of such series or coupons appertaining thereto to the holders of Senior DebtIndebtedness, do any one or more of the following:

No Waiver of Subordination Provisions. 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 IndentureSecurity, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesHolder, without incurring responsibility to the Holders of the Securities of such series Holder and without impairing or releasing the subordination provided in this Article 9 or the obligations hereunder of the Holders of Securities of such series Holder to the holders of Senior DebtIndebtedness, do any one or more of the following:

No Waiver of Subordination Provisions. 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 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesSecurities, without incurring responsibility to the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of the Securities of such series to the holders of Senior Debt, do any one or more of the following:to

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt Indebtedness may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesSecurities, without incurring responsibility to the Trustee or the Holders of the Securities of such series and without impairing or releasing the subordination provided in this Article Sixteen or the obligations hereunder of the Trustee or the Holders of the Securities of such series to the holders of Senior DebtIndebtedness, do any one or more of the following:

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesNotes, without incurring responsibility to the Holders of the Securities of such series Notes and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of Securities of such series the Notes to the holders of Senior Debt, even if any right of reimbursement or subrogation or other right or remedy of any Holder is affected, impaired or extinguished thereby, do any one or more of the following:

No Waiver of Subordination Provisions. 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 any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Trustee or the Holders of the Securities of any seriesNotes, without incurring responsibility to the Holders of the Securities of such series Notes and without impairing or releasing the subordination provided in this Article or the obligations hereunder of the Holders of Securities of such series the Notes to the holders of Senior Debt, do any one or more of the following:the