Common use of Agreement of Subordination Clause in Contracts

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed or repurchased, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or created. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 5 contracts

Samples: Indenture (Cephalon Inc), Indenture (Financial Federal Corp), Indenture (Financial Federal Corp)

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Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; Four, and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for redemption in accordance with Section 3.5, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV Four shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 5 contracts

Samples: Indenture (Lattice Semiconductor Corp), Indenture (Burr Brown Corp), Lease Agreement (Getty Images Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV4; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed or repurchased, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or created. No provision of this Article IV 4 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 4 contracts

Samples: Indenture (Ibasis Inc), Indenture (Ibasis Inc), Indenture (Ibasis Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for repurchase in accordance with Section 16.2, as the case may be, as provided in this the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 4 contracts

Samples: Indenture (Iomega Corp), Indenture (Iomega Corp), Indenture (Telxon Corp)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; Four, and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for redemption in accordance with Section 3.5, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, full in cash or in such other form of payment as may be acceptable satisfactory to the holders of Senior Indebtedness, Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV Four shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 3 contracts

Samples: Indenture (Conexant Systems Inc), Indenture (Conexant Systems Inc), Indenture (Conexant Systems Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder Holder of Notes Securities issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes Securities shall be issued subject to the provisions of this Article IVV; and each person Person holding any NoteSecurity, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, of and interest (including Additional Interest,) if any, and interest on all Notes Securities (including, but not limited to, the redemption price or repurchase price Change in Control Purchase Price with respect to the Notes Securities subject to be redeemed or repurchased, purchase in accordance with Article III as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, full in cash or in such other form of payment as may be acceptable satisfactory to the holders of Senior Indebtedness, Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV V shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (Iac/Interactivecorp), Indenture (Ask Jeeves Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; Four, and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.02 or repurchasedsubmitted for redemption in accordance with Section 3.05, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV Four shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (Kulicke & Soffa Industries Inc), Indenture (Kulicke & Soffa Industries Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes Debentures issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes Debentures shall be issued subject to the provisions of this Article IV; 4, and each person Person holding any NoteDebentures, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest Interest on all Notes Debentures (including, but not limited to, the redemption price or repurchase price Redemption Price with respect to the Notes Debentures called for redemption in accordance with Section 3.02 or Repurchase Price with respect to be redeemed or repurchased, as provided Debentures submitted for repurchase in this Indentureaccordance with Section 3.05) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior and Senior Subordinated Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV 4 shall prevent the occurrence of any default or Event of Default hereunderhereunder or have any effect on the rights of the holders of the Debentures or the Trustee to accelerate the maturity of the Debentures.

Appears in 2 contracts

Samples: Indenture (Williams Companies Inc), Indenture (Williams Companies Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; 4, and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price and Additional Payment, if any, with respect to the Notes to be redeemed called for redemption in accordance with Section 3.02 or repurchasedsubmitted for redemption in accordance with Section 3.05, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV 4 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (LTX Corp), Indenture (Globespan Inc/De)

Agreement of Subordination. The Company covenants and -------------------------- agrees, and each holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed or repurchased, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or created. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

Samples: Indenture (Level One Communications Inc /Ca/), Indenture (E Trade Group Inc)

Agreement of Subordination. The Company Guarantor covenants and agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued are subject to the provisions of this Article IVXVII; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for redemption in accordance with Section 3.5, as the case may be, as provided in this the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Guarantor Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV XVII shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

Samples: First Supplemental Indenture (Speedfam International Inc), First Supplemental Indenture (Novellus Systems Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes Debentures issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes Debentures shall be issued subject to the provisions of this Article IV; 4, and each person Person holding any NoteDebentures, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes Debentures (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed Debentures called for redemption in accordance with Section 3.02 or repurchasedsubmitted for redemption in accordance with Section 3.05, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV 4 shall prevent the occurrence of any default or Event of Default hereunderhereunder or have any effect on the rights of the holders of the Debentures or the Trustee to accelerate the maturity of the Debentures.

Appears in 1 contract

Samples: Indenture (Wilson Greatbatch Technologies Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premiuminterest and the Make-Whole Payment, if any, and interest on on, all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for redemption in accordance with Section 3.5, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, full in cash or in such other form of payment as may be acceptable satisfactory to the holders of Senior Indebtedness, Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Amazon Com Inc)

Agreement of Subordination. The Company covenants and agrees, -------------------------- and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; Four, and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for redemption in accordance with Section 3.5, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV Four shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Viropharma Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; Four, and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or with respect to the Notes called for redemption in accordance with Section 3.2 and the repurchase price with respect to the Notes to be redeemed or repurchased, submitted for repurchase in accordance with Section 3.5 as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, full in cash or in such other form of payment as may be acceptable satisfactory to the holders of Senior Indebtedness, Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV Four shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Brocade Communications Systems Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price Redemption Price with respect to the Notes called for redemption in accordance with Section 3.3 or the Fundamental Change Repurchase Price with respect to be redeemed or repurchasedthe Notes submitted for redemption in accordance with Section 3.7, as the case may be, as provided in this the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Corestaff Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; 4, and each person Person holding any Note, whether upon - original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.02 or repurchasedsubmitted for ---- redemption in accordance with Section 3.05, as the case may be, as provided in ---- this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV 4 shall prevent the occurrence of any - default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Axcelis Technologies Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; Four, and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price and Additional Payment, if any, with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for redemption in accordance with Section 3.5, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV Four shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Imclone Systems Inc/De)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; 4, and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.02 or repurchasedsubmitted for redemption in accordance with Section 3.05, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV 4 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Mentor Graphics Corp)

Agreement of Subordination. The Company covenants and agrees, -------------------------- and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; Four, and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for redemption in accordance with Section 3.5, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, full in cash or in such other form of payment as may be acceptable satisfactory to the holders of Senior Indebtedness, Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV Four shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Riverstone Networks Inc)

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Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for redemption in accordance with Section 3.5, as the case may be, as provided in this the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Cymer Inc)

Agreement of Subordination. The Company covenants and -------------------------- agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; Four, and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for redemption in accordance with Section 3.5, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV Four shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Semtech Corp)

Agreement of Subordination. The Company covenants and -------------------------- agrees, and each holder of Notes Securities issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes Securities shall be issued subject to the provisions of this Article IV; IV and each person Person holding any NoteSecurity, whether ---------- upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes Securities (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed Securities called for redemption in accordance with Section 3.2 or repurchasedsubmitted ----------- for repurchase in accordance with Section 16.2, as the case may be, as provided ------------ in this the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV shall prevent the occurrence of any default ---------- or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (System Software Associates Inc)

Agreement of Subordination. The Company Company, for itself and its successors, covenants and agrees, and each holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed or repurchased, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or created. The Notes issued under this Indenture shall rank pari passu with the Company's 3.75% Convertible Subordinated Notes due 2007. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Alkermes Inc)

Agreement of Subordination. The Company covenants and -------------------------- agrees, and each holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed or repurchased, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated to the prior payment in full, full in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or created. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Premiere Technologies Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes Debentures issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes Debentures shall be issued subject to the provisions of this Article IV; 4, and each person Person holding any NoteDebenture, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes Debentures (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed Debentures called for redemption in accordance with Section 3.02 or repurchasedsubmitted for repurchase in accordance with Section 3.06, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV 4 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Mentor Graphics Corp)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes Debentureholder issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes Debentures shall be issued subject to the provisions of this Article IV; 4, and each person Person holding any NoteDebenture, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premiumconversion payments on, interest on (including Liquidated Damages, if any, and interest ) or any other amounts due on all Notes Debentures (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed Debentures called for redemption in accordance with Section 3.02, submitted for purchase in accordance with Section 3.05 or repurchasedsubmitted for repurchase in accordance with Section 3.06 or upon conversion of the Debentures in accordance with Article 15, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV 4 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Mentor Graphics Corp)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his such holder's acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person Person holding any Note, whether upon original issue or upon transfer, transfer or assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest (including Liquidated Damages, if any) on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for redemption in accordance with Section 3.5, as the case may be, as provided in this the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Cke Restaurants Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called for redemption in accordance with Section 3.2 or repurchasedsubmitted for redemption in accordance with Section 3.5, as the case may be, as provided in this the Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (National Semiconductor Corp)

Agreement of Subordination. The Company covenants and agrees, and each holder Holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price Redemption Price with respect to the Notes called for redemption in accordance with Article IV, or the Repurchase Price with respect to be redeemed or repurchasedNotes submitted for repurchase in accordance with Article XVI, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, full in cash or in such other form of payment as may be acceptable satisfactory to the holders of Senior Indebtedness, Indebtedness of all Senior IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (HNC Software Inc/De)

Agreement of Subordination. The Company covenants and agrees, -------------------------- and each holder of Notes issued hereunder by his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed or repurchased, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or created. No provision of this Article IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (E Trade Group Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes Debentureholder issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes Debentures shall be issued subject to the provisions of this Article IV; 4, and each person Person holding any NoteDebenture, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premiumthe cash portion of any amount due upon conversion of, if any, and interest on or any other amounts due on all Notes Debentures (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed Debentures called for redemption in accordance with Section 3.02, submitted for purchase in accordance with Section 3.04 or repurchasedsubmitted for repurchase in accordance with Section 3.05 or upon conversion of the Debentures in accordance with Article 15, as the case may be, as provided in this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, in cash or in such other form of payment as may be acceptable to the holders of Senior Indebtedness, full of all Senior IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV 4 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Mentor Graphics Corp)

Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article IV; 4, and each person Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest Interest and Additional Amounts, if any, on all Notes (including, but not limited to, the redemption price or repurchase price with respect to the Notes to be redeemed called or repurchased, as provided submitted for redemption in accordance with this Indenture) issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and subject in right of payment to the prior payment in full, full in cash or in such other form of payment as may be acceptable satisfactory to the holders of Senior Indebtedness, Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred or createdincurred. No provision of this Article IV 4 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Conexant Systems Inc)

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