Common use of Agreement of Subordination Clause in Contracts

Agreement of Subordination. The Obligors covenant and agree, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article V; and each Person holding any Security, 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, interest and Additional Interest, if any, on all Securities (including, but not limited to, the Redemption Price and the Change in Control Purchase Price with respect to the Securities subject to redemption or purchase in accordance with Article 3 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 V shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

Samples: Valeant Pharmaceuticals International, Inc., Valeant Pharmaceuticals International

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Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder holder of Securities issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article V; IV and each Person holding any Security, 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 and Additional Interest, if any, on all Securities (including, but not limited to, the Redemption Price and the Change in Control Purchase Price redemption price with respect to the Securities subject to called for redemption or purchase in accordance with Article 3 Section 3.2 or submitted 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 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 V IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (System Software Associates Inc), System Software (System Software Associates Inc)

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article V; and each Person holding any Security, 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, of and interest and (including Additional Interest, ,) if any, on all Securities (including, but not limited to, the Redemption Price and the Change in Control Purchase Price with respect to the Securities subject to redemption or purchase in accordance with Article 3 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 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 V shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 2 contracts

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

Agreement of Subordination. The Obligors covenant Company covenants and agree-------------------------- agrees, and each Holder holder of Securities issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article V; IV and each Person holding any Security, 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 and Additional Interest, if any, on all Securities (including, but not limited to, the Redemption Price and the Change in Control Purchase Price redemption price with respect to the Securities subject to called for redemption or purchase in accordance with Article 3 Section 3.2 or submitted ----------- 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 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 V 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 Obligors covenant Company covenants and agreeagrees, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article V5; and each Person holding any Security, 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, of and interest and Additional Interest, if any, accrued on all Securities (including, but not limited to, the Redemption Price and with respect to the Securities called for redemption or the Change in Control Repurchase Price or the Put Right Purchase Price with respect to the Securities subject to redemption or purchase in accordance with Article 3 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 V 5 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Emulex Corp /De/

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article V5; and each Person holding any Security, 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 and (including Additional Interest, if any, ) on all Securities (including, but not limited to, the Redemption Price and with respect to the Securities called for redemption or the Change in Control Purchase Price with respect to the Securities subject to redemption or purchase in accordance with Article 3 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 V 5 shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Barnes & Noble Inc

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder of Securities issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article VArticle; and each Person holding any Security, 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 and Additional Interest, if any, on all Securities (including, but not limited to, the Redemption Price and the Change in Control Purchase Price redemption price with respect to the Securities subject to called for redemption or purchase in accordance with Article 3 XI 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 V shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Satisfaction And (Ddi Capital Corp/Dynamic Details Inc)

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article V5; and each Person holding any Security, 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 and Additional Interest(including contingent interest or a Make Whole Adjustment, if any, ) on all Securities (including, but not limited to, the Redemption Price and the Change in Control Purchase Price with respect to the Securities subject to redemption or purchase in accordance with Article 3 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 V 5 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Integra Lifesciences Holdings Corp

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article V5; and each Person holding any Security, 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 and Additional Interest(including contingent interest, if any, ) on all Securities (including, but not limited to, the Redemption Price and the Change in Control Purchase Price with respect to the Securities subject to redemption or purchase in accordance with Article 3 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 V 5 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Integra Lifesciences Holdings Corp

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article V5; and each Person holding any Security, 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, of (and premium, if any, ) and interest and (including Additional Interest, if any, ) on all Securities (including, but not limited to, the Redemption Price and with respect to the Securities called for redemption or the Change in Control Purchase Price with respect to the Securities subject to redemption or purchase in accordance with Article 3 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 V 5 shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Penney J C Co Inc)

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder holder of Securities Notes issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities Notes shall be issued subject to the provisions of this Article VIV; and each Person holding any SecurityNote, 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 and Additional Interest, if any, on all Securities Notes (including, but not limited to, the Redemption Price and the Change in Control Purchase Price redemption price with respect to the Securities subject Notes to be called for redemption or purchase in accordance with Article 3 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 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 V 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 Obligors covenant Company covenants and agreeagrees, and each Holder holder of Securities Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities Notes shall be issued subject to the provisions of this Article VIV; and each Person holding any SecurityNote, 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, interest and Additional Intereston, if any, on all Securities Notes (including, but not limited to, the Redemption Price and the Change in Control Purchase Price redemption price with respect to the Securities subject to Notes called for redemption or purchase in accordance with Article 3 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 V 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 Obligors covenant Except as otherwise provided in a supplemental indenture or pursuant to Section 2.3, the Issuer covenants and agreeagrees, and each Holder of Securities issued hereunder by its his or her acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article VTwelve; and each Person holding any Security, 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 and Additional Interest, if any, on all Securities (including, but not limited to, the Redemption Price and the Change in Control Purchase Price redemption price with respect to the Securities subject to called for redemption or purchase in accordance with Article 3 Eleven 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 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 V Twelve shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Indenture (Tyco International LTD /Ber/)

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Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, -------------------------- and each Holder holder of Securities Notes issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities Notes shall be issued subject to the provisions of this Article V; Four, and each Person holding any SecurityNote, 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 and Additional Interest(including Liquidated Damages, if any, ) on all Securities Notes (including, but not limited to, the Redemption Price and the Change in Control Purchase Price redemption price with respect to the Securities subject to Notes called for redemption or purchase in accordance with Article 3 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 V Four shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Riverstone Networks Inc

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article V11; and each Person holding any Security, 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 ofprincipal, premium, if any, interest Interest and Additional Interest, if any, on all Securities (including, but not limited to, the Redemption Price, the Repurchase Price and the Fundamental Change in Control Purchase Repurchase Price with respect to the Securities subject to redemption or purchase repurchase in accordance with Article 3 as provided and the payment of any cash upon conversion in this Indentureaccordance with Article 10) 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 Debt of all Senior IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article V 11 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Invacare Corp

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder holder of Securities Debentures issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities Debentures shall be issued subject to the provisions of this Article V; 4, and each Person holding any SecurityDebenture, 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 and Additional Interest(including Liquidated Damages, if any, ) on all Securities Debentures (including, but not limited to, the Redemption Price and the Change in Control Purchase Price redemption price with respect to the Securities subject to Debentures called for redemption or purchase in accordance with Article 3 Section 3.02 or submitted 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 other payment satisfactory to the holders of Senior Indebtedness of all Senior IndebtednessDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article V 4 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Mentor Graphics Corp

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder holder of Securities Notes issued hereunder by its his acceptance thereof likewise covenants and agrees, that all Securities Notes shall be issued subject to the provisions of this Article VIV; and each Person holding any SecurityNote, 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 and Additional Interest, if any, on all Securities Notes (including, but not limited to, the Redemption Price and with respect to the Notes called for redemption in accordance with Section 3.3 or the Fundamental Change in Control Purchase Repurchase Price with respect to the Securities subject to Notes submitted for redemption or purchase in accordance with Article 3 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 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 V IV shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Corestaff Inc

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article V6; and each Person holding any Security, 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, and premium, if any, and interest on, and Additional Interestthe cash portion of the Conversion Obligation, if any, on in respect of all Securities (including, but not limited to, the Redemption Price and the Fundamental Change in Control Purchase Price with respect to the Securities subject to redemption or purchase in accordance with Article 3 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 other payment satisfactory to the holders of Senior Indebtedness Indebtedness, of all Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article V 6 shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Polymedica Corp

Agreement of Subordination. The Obligors covenant Company covenants and agreeagrees, and each Holder of Securities issued hereunder by its acceptance thereof accepting a Security likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article VXII; and each Person holding any Security, 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, of and interest and Additional Interest, if any, on all Securities (including, but not limited to, the Redemption Price and the Change in Control Purchase Price redemption price with respect to the Securities subject to called for redemption or purchase in accordance with Article 3 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 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 V XII shall prevent the occurrence of any default Default or Event of Default hereunder.

Appears in 1 contract

Samples: Mercantile Bank Corp

Agreement of Subordination. The Obligors Issuers and any Guarantor covenant and agree, and each Holder of Securities and any related Guarantee issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities and any related Guarantee shall be issued subject to the provisions of this Article VArticle; and each Person holding any SecuritySecurity or any related Guarantee, 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 and Additional Interest, if any, on all Securities (including, but not limited to, the Redemption Price and the Change in Control Purchase Price redemption price with respect to the Securities subject to called for redemption or purchase in accordance with Article 3 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 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 V shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Daron Coal Company, LLC

Agreement of Subordination. The Obligors covenant Except as otherwise provided in a supplemental indenture or pursuant to Section 2.4, the Issuer covenants and agreeagrees, and each Holder of Securities issued hereunder by its his or her acceptance thereof likewise covenants and agrees, that all Securities shall be issued subject to the provisions of this Article VFourteen; and each Person holding any Security, 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 and Additional Interest, if any, on all Securities (including, but not limited to, the Redemption Price and the Change in Control Purchase Price redemption price with respect to the Securities subject to called for redemption or purchase in accordance with Article 3 Eleven 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 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 V Fourteen shall prevent the occurrence of any default or Event of Default hereunder.

Appears in 1 contract

Samples: Tyco International LTD /Ber/

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