Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 or submitted 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 5 contracts
Samples: Indenture (Burr Brown Corp), Indenture (Getty Images Inc), Indenture (International Rectifier Corp /De/)
Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, 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, 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 called for redemption in accordance with Section 3.2 to be redeemed or submitted for redemption in accordance with Section 3.5, as the case may berepurchased, 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 to the holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurredincurred or created. No provision of this Article Four IV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 5 contracts
Samples: Indenture (Alkermes Inc), Indenture (Financial Federal Corp), Indenture (Financial Federal Corp)
Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, 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 called for redemption in accordance with Section 3.2 to be redeemed or submitted for redemption in accordance with Section 3.5, as the case may berepurchased, 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 to the holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurredincurred or created. No provision of this Article Four 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 its his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, IV; and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 or submitted for redemption repurchase in accordance with Section 3.516.2, 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four IV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 4 contracts
Samples: Indenture (Iomega Corp), Indenture (Telxon Corp), Indenture (Iomega Corp)
Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 or submitted 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 other payment satisfactory to the holders of Senior Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 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 of Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 3.02 or submitted for redemption in accordance with Section 3.53.05, 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 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 issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, 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, 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 called for redemption in accordance with Section 3.2 to be redeemed or submitted for redemption in accordance with Section 3.5, as the case may berepurchased, 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 to the holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurredincurred or created. No provision of this Article Four IV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (E Trade Group Inc), Indenture (Level One Communications Inc /Ca/)
Agreement of Subordination. The Company covenants and agrees, and each holder of Notes Debentures issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes Debentures shall be issued subject to the provisions of this Article Four4, and each 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 (including Liquidated Damages, if any) Interest on all Notes Debentures (including, but not limited to, the redemption price Redemption Price with respect to the Notes Debentures called for redemption in accordance with Section 3.2 3.02 or Repurchase Price with respect to Debentures submitted for redemption repurchase in accordance with Section 3.5, as the case may be, as provided in this Indenture3.05) 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 of all Senior and Senior Subordinated Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 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 agreesagrees for itself and its successors, and each holder Holder of Notes Securities issued hereunder by its acceptance such Holdxx'x xcceptance thereof likewise covenants and agrees, that all Notes Securities shall be issued subject to the provisions of this Article Four10, and each Person holding any Note, such Security whether upon original issue or upon registration of transfer, transfer or assignment or exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal ofPrincipal Amount, premiumRedemption Price, interest and any other amounts payable, if any, and interest (including Liquidated Damages, if any) on in respect of all Notes (including, but not limited to, the redemption price with respect to the Notes called for redemption in accordance with Section 3.2 or submitted for redemption in accordance with Section 3.5, as the case may be, as provided in this Indenture) Securities 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 other payment satisfactory to the holders of Senior Indebtedness of all Senior IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred, or thereafter created, assumed or guaranteed. No provision of this Article Four 10 shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (Austin Funding Com Corp), Indenture (Austin Funding Com Corp)
Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four4, and each 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 and Additional Payment, if any, with respect to the Notes called for redemption in accordance with Section 3.2 3.02 or submitted for redemption in accordance with Section 3.53.05, 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 4 shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 2 contracts
Agreement of Subordination. The Company Guarantor covenants and agrees, and each holder of Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes shall be issued are subject to the provisions of this Article Four, XVII; and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 or submitted 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 of all Guarantor Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 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 its acceptance thereof likewise covenants and agrees, that all Notes Debentures shall be issued subject to the provisions of this Article Four4, and each 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 (including Liquidated Damages, if any) on all Notes Debentures (including, but not limited to, the redemption price with respect to the Notes Debentures called for redemption in accordance with Section 3.2 3.02 or submitted for redemption in accordance with Section 3.53.05, 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 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
Agreement of Subordination. The Company Company, for itself and its successors, covenants and agrees, and each holder of Notes issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, 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, 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 called for redemption in accordance with Section 3.2 to be redeemed or submitted for redemption in accordance with Section 3.5, as the case may berepurchased, 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 to the holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurredincurred 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 Four 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 its his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, IV; and each 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 with respect to the Notes to be called for redemption in accordance with Section 3.2 or submitted 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four IV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Agreement of Subordination. The Company covenants and agrees, -------------------------- and each holder of Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 or submitted 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 other payment satisfactory to the holders of Senior Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Riverstone Networks Inc)
Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, IV; and each 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 Redemption Price with respect to the Notes called for redemption in accordance with Section 3.2 3.3 or the Fundamental Change Repurchase Price with respect to the Notes submitted for redemption in accordance with Section 3.53.7, 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 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 its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 or submitted 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 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 Debentures issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes Debentures shall be issued subject to the provisions of this Article Four4, and each 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 with respect to the Notes Debentures called for redemption in accordance with Section 3.2 3.02 or submitted for redemption repurchase in accordance with Section 3.53.06, 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 of all Senior IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 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 its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four4, and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 3.02 or submitted for ---- redemption in accordance with Section 3.53.05, 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 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 its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, IV; and each 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 (including Liquidated Damageson, if any) on all Notes (including, but not limited to, the redemption price with respect to the Notes called for redemption in accordance with Section 3.2 or submitted 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 other payment satisfactory to the holders of Senior Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 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 its his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, 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, 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 called for redemption in accordance with Section 3.2 to be redeemed or submitted for redemption in accordance with Section 3.5, as the case may berepurchased, 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 to the holders of Senior Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurredincurred or created. No provision of this Article Four 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 issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, 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, 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 called for redemption in accordance with Section 3.2 to be redeemed or submitted for redemption in accordance with Section 3.5, as the case may berepurchased, 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurredincurred or created. No provision of this Article Four IV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Agreement of Subordination. The Company covenants and -------------------------- agrees, and each holder of Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 or submitted 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 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 Debentures issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes Debentures shall be issued subject to the provisions of this Article Four, Indenture; 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 (interest, including Liquidated DamagesAdditional Interest, if any) , on all Notes Debentures (including, but not limited to, the redemption price Redemption Price, Principal Return, Repurchase Price or Fundamental Change Repurchase Price with respect to the Notes called for redemption in accordance with Section 3.2 or submitted for redemption in accordance with Section 3.5, as the case may be, Debentures 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four Section 4.01 shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Agreement of Subordination. The Company covenants and -------------------------- agrees, and each holder of Notes Securities issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Notes Securities shall be issued subject to the provisions of this Article Four, IV and each Person holding any NoteSecurity, 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 Securities (including, but not limited to, the redemption price with respect to the Notes Securities called for redemption in accordance with Section 3.2 or submitted ----------- for redemption repurchase in accordance with Section 3.516.2, 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four IV shall prevent the occurrence of any default ---------- or Event of Default hereunder.
Appears in 1 contract
Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, and each 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 and Additional Payment, if any, with respect to the Notes called for redemption in accordance with Section 3.2 or submitted 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 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 its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four4, and each 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 DamagesInterest and Additional Amounts, if any) , on all Notes (including, but not limited to, the redemption price with respect to the Notes called for redemption in accordance with Section 3.2 or submitted 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 other payment satisfactory to the holders of Senior Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 4 shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Conexant Systems Inc)
Agreement of Subordination. The Company covenants and agrees, and each holder of Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four4, and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 3.02 or submitted for redemption in accordance with Section 3.53.05, 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 of all Senior IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 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 its his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, IV; and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 or submitted 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 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 Holder of Notes issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, IV; and each 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 Redemption Price with respect to the Notes called for redemption in accordance with Section 3.2 Article IV, or the Repurchase Price with respect to Notes submitted for redemption repurchase in accordance with Section 3.5Article 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 in cash or other payment satisfactory to the holders of Senior Indebtedness of all Senior IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 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 its such holder's acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, IV; and each Person holding any Note, whether upon original issue or upon registration of 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 with respect to the Notes called for redemption in accordance with Section 3.2 or submitted 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four 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 its acceptance thereof likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article Four, and each 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 with respect to the Notes called for redemption in accordance with Section 3.2 or and the repurchase price with respect to the Notes submitted for redemption repurchase in accordance with Section 3.5, as the case may be, 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 in cash or other payment satisfactory to the holders of Senior Indebtedness of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article Four shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract