Agreement of Subordination. The Company covenants and agrees, 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 5; 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 Interest on all Securities (including, but not limited to, the Redemption Price and the Fundamental Change Repurchase Price with respect to the Securities subject to redemption or repurchase in accordance with Articles 7 and 8, respectively, and the payment of any cash upon conversion in accordance with Article 9) 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 Debt of all Senior Debt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 5 shall prevent the occurrence of any Default or Event of Default hereunder.
Appears in 4 contracts
Samples: Indenture (Microchip Technology Inc), Indenture (Intel Corp), Indenture (Verisign Inc/Ca)
Agreement of Subordination. The Company covenants and agrees, 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 5X ; 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 Interest (including Contingent Interest, if any) on all Securities (including, but not limited to, the Redemption Price and the Fundamental Change Repurchase Price Purchase Date with respect to the Securities subject to redemption or repurchase in accordance with Articles 7 V and 8XI , respectively, and the payment of any cash upon conversion in accordance with Article 9XII ) 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 Debt of all Senior Debt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 5 X shall prevent the occurrence of any Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Trinity Industries Inc, Indenture (Trinity Industries Inc)
Agreement of Subordination. The Company covenants and agrees, 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 54; 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 Interest interest on all Securities (including, but not limited to, the Redemption Price and the Fundamental Change Repurchase Price with respect to the Securities subject to redemption or repurchase in accordance with Articles 7 6 and 87, respectively, and the payment of any cash upon conversion in accordance with Article 9) 8) 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 Debt of all Senior Debt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 5 4 shall prevent the occurrence of any Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (Convergys Corp), Indenture (Convergys Corp)
Agreement of Subordination. The Company covenants and agrees, 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 5X; 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 Interest (including Contingent Interest, if any) on all Securities (including, but not limited to, the Redemption Price and the Fundamental Change Repurchase Price Purchase Date with respect to the Securities subject to redemption or repurchase in accordance with Articles 7 V and 8XI, respectively, and the payment of any cash upon conversion in accordance with Article 9XII) 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 Debt of all Senior Debt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 5 X shall prevent the occurrence of any Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Trinity Industries Inc, Trinity Industries Inc
Agreement of Subordination. The Company covenants and agrees, 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 512; 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 interest (including Contingent Interest and Additional Interest, if any) on all Securities Securities, and (including, but not limited to, the Redemption Fundamental Change Repurchase Price and the Fundamental Change Repurchase Redemption Price with respect to the Securities subject to repurchase or redemption or repurchase in accordance with Articles 7 3 and 811, respectively, and the payment of any cash upon conversion in accordance with Article 94) 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 Debt of all Senior Debt, whether outstanding at the date of this Indenture or thereafter incurred. 77 No provision of this Article 5 12 shall prevent the occurrence of any Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (General Cable Corp /De/), Indenture (General Cable Corp /De/)
Agreement of Subordination. The Company covenants and agrees, 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 5; 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, premium, if any, and Interest interest (including Additional Interest, if any) on all Securities (including, but not limited to, the Redemption Repurchase Price and the Fundamental Change Repurchase Price with respect to the Securities subject to redemption or repurchase in accordance with Articles 7 and 8, respectively, and the payment of any cash upon conversion purchase in accordance with Article 93 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 Debt Indebtedness of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 5 shall prevent the occurrence of any Default default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (Veritas Software Corp /De/), Indenture (Symantec Corp)
Agreement of Subordination. The Company covenants and agrees, and each Holder of Securities issued hereunder by its acceptance thereof likewise covenants and agrees, that all Securities and the Subsidiary Guarantees shall be issued subject to the provisions of this Article 5; 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 Interest on all Securities (including, but not limited to, the Redemption Price, the Fundamental Change Repurchase Price and the Fundamental Change Repurchase Price with respect to the Securities subject to redemption or repurchase in accordance with Articles 7 and 8, respectively9 or 10, as the case may be, and the payment of any cash upon conversion in accordance with Article 911) 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 Debt of all Senior Debt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 5 shall prevent the occurrence of any Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (AMS Sales CORP), Indenture (American Medical Systems Holdings Inc)
Agreement of Subordination. The Company covenants and agrees, 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 5; 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 Interest on all Securities (including, but not limited to, the Redemption Price and the Fundamental Change Repurchase Price with respect to the Securities subject to redemption or repurchase in accordance with Articles Article 7 and 8, respectively, and the payment of any cash upon conversion in accordance with Article 9) 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 Debt of all Senior Debt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 5 shall prevent the occurrence of any Default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Xilinx Inc)
Agreement of Subordination. The Company covenants and agrees, and each 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 5XII; and each Person holding any SecurityNotes, 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, interest and Interest Liquidated Damages, if any, on all Securities Notes (including, but not limited to, the Redemption Price, the Purchase Price and the Fundamental Change Repurchase in Control Purchase Price with respect to the Securities Notes subject to redemption or repurchase in accordance with Articles 7 and 8, respectively, and the payment of any cash upon conversion purchase in accordance with Article 9V, VI or VII 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 Debt Indebtedness of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 5 XII shall prevent the occurrence of any Default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Kroll Inc)
Agreement of Subordination. The Company covenants and agrees, 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 5; 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, premium, if any, and Interest interest on all Securities (including, but not limited to, the Redemption Price and with respect to the Fundamental Securities called for redemption or the Change Repurchase in Control Purchase Price with respect to the Securities subject to redemption or repurchase in accordance with Articles 7 and 8, respectively, and the payment of any cash upon conversion purchase in accordance with Article 93 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 Debt Indebtedness of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 5 shall prevent the occurrence of any Default default or Event of Default hereunder.
Appears in 1 contract
Samples: Cypress Semiconductor Corp /De/
Agreement of Subordination. The Company covenants and agrees, and each 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 516; 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 of, premium, if any, and Interest interest on all Securities Notes (including, but not limited to, the Redemption Price and the Fundamental Change Repurchase Price with respect to the Securities Notes subject to optional redemption or repurchase by the Company in accordance with Articles 7 3 and 8, respectively, and the payment of any cash upon conversion 4 as provided in accordance with Article 9this 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 Debt Indebtedness of all Senior DebtIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article 5 16 shall prevent the occurrence of any Default default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Compudyne Corp)