Common use of Agreement of Subordination Clause in Contracts

Agreement of Subordination. The Company covenants and agrees, and each holder of Securities issued hereunder by his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article XII; and each Securityholder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. The provisions of this Article XII define the subordination of the Securities, as obligations of the Company, with respect to Senior Indebtedness of the Company, as defined for the Company. All such provisions shall also be deemed to apply in the same way (mutatis mutandis) to each Guarantor, with appropriate corresponding references to the Senior Indebtedness of such Guarantor. No provision of this Article XII shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 27 contracts

Samples: Indenture (Invesco Mortgage Capital Inc.), Indenture (Xenetic Biosciences, Inc.), Indenture (HIVE Digital Technologies Ltd.)

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Agreement of Subordination. The Company Issuer covenants and agrees, and each holder Holder of Securities Notes issued hereunder by his or her acceptance thereof likewise covenants and agrees, that all Securities Notes shall be issued subject to the provisions of this Article XII15; and each SecurityholderNoteholder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities Notes 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. The provisions of this Article XII 15 define the subordination of the SecuritiesNotes, as obligations of the CompanyIssuer, with respect to Senior Indebtedness of the CompanyIssuer, as defined for the CompanyIssuer. All such provisions shall also be deemed to apply in the same way (mutatis mutandis) to each the Guarantor, with appropriate corresponding references to the Senior Indebtedness of such the Guarantor. No provision of this Article XII 15 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 4 contracts

Samples: Subordinated Indenture (Healthcare Realty Holdings, L.P.), Indenture (Healthcare Trust of America Holdings, LP), Indenture (Healthcare Trust of America Holdings, LP)

Agreement of Subordination. The Company Issuer covenants and agrees, and each holder of Securities issued hereunder by his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article XII12; and each Securityholder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all 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 of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. The provisions of this Article XII 12 define the subordination of the Securities, as obligations of the Company, with respect to Senior Indebtedness of the Company, as defined for the Company. All such provisions shall also be deemed to apply in the same way (mutatis mutandis) to each Cable Guarantor, with appropriate corresponding references to the Senior Indebtedness of such Cable Guarantor. No provision of this Article XII 12 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 3 contracts

Samples: Indenture (Comcast Cable Communications LLC), Indenture (Comcast Cable Communications Inc), Indenture (Comcast Mo Group Inc)

Agreement of Subordination. The Company covenants and agrees, and each holder Holder of Securities issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article XII4; and each SecurityholderPerson holding any Security, whether upon original issue or upon transfer transfer, assignment or assignment exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal ofprincipal, premiumInterest, Contingent Interest and Additional Amounts, if any, and interest on all Securities (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change Repurchase Price with respect to the Securities subject to redemption or repurchase in accordance with Article 3 and the payment of any cash upon conversion in accordance with Article 11) issued hereunder shall, to the extent and in the manner hereinafter set forth, be (i) 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. The provisions ; (ii) pari passu in right of this Article XII define the subordination payment to all Senior Subordinated Debt and (iii) senior in right of the Securities, as obligations of the Company, with respect payment to Senior Indebtedness of the Company, as defined for the Company. All such provisions shall also be deemed to apply in the same way (mutatis mutandis) to each Guarantor, with appropriate corresponding references to the Senior Indebtedness of such Guarantorall Subordinated Debt. No provision of this Article XII 4 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (CBIZ, Inc.)

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Agreement of Subordination. The Company covenants Issuers and agreesany Guarantor covenant and agree, and each holder Holder of Securities and any related Guarantee issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Securities and any related Guarantee shall be issued subject to the provisions of this Article XIIArticle; and each SecurityholderPerson holding any Security or any related Guarantee, whether upon original issue or upon transfer transfer, assignment or assignment exchange thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all Securities (including, but not limited to, the redemption price with respect to the Securities called for redemption in accordance with Article III as provided in this Indenture) issued hereunder hereunder, and any payment in respect of any related Guarantee, 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. The provisions of this Article XII define the subordination of the Securities, as obligations of the Company, with respect to Senior Indebtedness of the Company, as defined for the Company. All such provisions shall also be deemed to apply in the same way (mutatis mutandis) to each Guarantor, with appropriate corresponding references to the Senior Indebtedness of such Guarantor. No provision of this Article XII shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Daron Coal Company, LLC)

Agreement of Subordination. The Company covenants and agrees, and each holder of Securities issued hereunder by his its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article XII; and each SecurityholderHolder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment of the principal of, premium, if any, and interest on all 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 of all Senior IndebtednessIndebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. The provisions of this Article XII define the subordination of the Securities, as obligations of the Company, with respect to Senior Indebtedness of the Company, as defined for the Company. All such provisions shall also be deemed to apply in the same way (mutatis mutandis) to each Guarantor, with appropriate corresponding references to the Senior Indebtedness of such Guarantor. No provision of this Article XII shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Subordinated Indenture (Emagin Corp)

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