Common use of No Impairment of Subordination Clause in Contracts

No Impairment of Subordination. 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, the Trustee or any Holder of Securities with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 8 contracts

Sources: Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.), Indenture (B. Riley Financial, Inc.)

No Impairment of Subordination. 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, the Trustee or any Holder of Securities Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof with which any such holder may have or otherwise be charged withcharged.

Appears in 4 contracts

Sources: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)

No Impairment of Subordination. 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, the Trustee or any Holder of Securities Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.. SIGNATURES

Appears in 3 contracts

Sources: Indenture (Aes Trust Ii), Indenture (Aes Trust V), Subordinated Indenture (Aes Trust V)

No Impairment of Subordination. 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, the Trustee or any Holder of Securities Company with the terms, provisions and covenants of this Indenturethe Purchase Agreement or the Debentures, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 2 contracts

Sources: Debenture Agreement (Bearingpoint Inc), Debenture Agreement (Bearingpoint Inc)

No Impairment of Subordination. 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, the Trustee or any Holder of Securities Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 2 contracts

Sources: Subordinated Indenture (Medtronic Inc), Subordinated Indenture (Medtronic Inc)

No Impairment of Subordination. 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 any Subsidiary Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company, the Trustee Company or any Holder of Securities Subsidiary Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 2 contracts

Sources: Indenture (American Medical Systems Holdings Inc), Indenture (AMS Sales CORP)

No Impairment of Subordination. 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, the Trustee or any Holder of Securities Company with the terms, provisions and covenants of this the Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 1 contract

Sources: Subordination Agreement (Monogram Biosciences, Inc.)

No Impairment of Subordination. 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, the Trustee or any Holder of Securities Company with the terms, provisions and covenants of the Convertible Note or the documents, agreements and instruments relating thereto or to this IndentureDebt, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 1 contract

Sources: Securities Purchase Agreement (Aht Corp)

No Impairment of Subordination. No right of any present or future holder of any Senior and Subordinated 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, the Trustee or any Holder of Securities Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.. SIGNATURES

Appears in 1 contract

Sources: Junior Subordinated Indenture (Aes Corporation)

No Impairment of Subordination. No right of any present or future holder of any the 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, holder or by any noncompliance by the Company, the Trustee or any Holder of Securities Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which that any such holder may have or otherwise be charged with.

Appears in 1 contract

Sources: Indenture (LumiraDx LTD)

No Impairment of Subordination. No right of any present or future holder of any the 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][any] Note Guarantor] or by any act or failure to act, in good faith, by any such holder, holder or by any noncompliance by the Company, the Trustee Issuer [or any Holder of Securities [the][any] Note Guarantor] with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which that any such holder may have or otherwise be charged with.

Appears in 1 contract

Sources: Indenture (Gamida Cell Ltd.)

No Impairment of Subordination. 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 Company, the Trustee or the Holder of any of the Securities or by any act act, or failure to act, in good faith, by any such holderholder of Senior Debt, or by any noncompliance by the Company, the Trustee or any the Holder of any of the Securities with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 1 contract

Sources: Indenture (Centerpoint Properties Trust)

No Impairment of Subordination. 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, the Trustee or any Holder of Securities Company with the terms, provisions and covenants of this Supplemental Indenture or the Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 1 contract

Sources: Fifth Supplemental Indenture (Kerr McGee Corp)

No Impairment of Subordination. 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, the Trustee or any Holder of Securities Issuer with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 1 contract

Sources: Convertible Subordinated Indenture (Chancellor Media Corp/)

No Impairment of Subordination. No right of any present or future holder of any the 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 Borrower or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company, the Trustee or any Holder of Securities a Borrower with the terms, provisions and covenants of this IndentureNote, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 1 contract

Sources: Convertible Promissory Note (Bell Industries Inc /New/)

No Impairment of Subordination. No right of any present or future holder of any the Senior Secured 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, holder or by any noncompliance by the Company, the Trustee or any Holder of Securities Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which that any such holder may have or otherwise be charged with.

Appears in 1 contract

Sources: Indenture (Esperion Therapeutics, Inc.)

No Impairment of Subordination. 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 any Subsidiary Guarantor or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company, the Trustee Company or any Holder of Securities such Subsidiary Guarantor with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 1 contract

Sources: Indenture (Southern Bottled Water Co Inc)

No Impairment of Subordination. 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 (i) any amendment of or addition or supplement to any such Senior Debt or any instrument or agreement relating thereto (unless otherwise expressly provided therein), or (ii) 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, the Trustee or any Holder of Securities Company with the terms, provisions and covenants of this Indenturethe instrument, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

Appears in 1 contract

Sources: Indenture (Sunbeam Corp/Fl/)