Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 42 contracts
Samples: Indenture (Isle of Capri Casinos Inc), Indenture (Tercentenary Holdings, Corp.), Indenture (Angiotech Pharmaceuticals Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 16 contracts
Samples: Indenture (Asbury Automotive Group Inc), Indenture (Dycom Industries Inc), Indenture (Asbury Automotive Group Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 10 contracts
Samples: Indenture (Elizabeth Arden Inc), Indenture (Emmis Operating Co), Indenture (L 3 Communications Holdings Inc)
Agreement to Subordinate. The Company agrees, and each Holder Noteholder by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XV, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 8 contracts
Samples: Indenture (Penn Treaty American Corp), Indenture (Penn Treaty American Corp), Indenture (Penn Treaty American Corp)
Agreement to Subordinate. The Company agrees, and each Holder of Notes by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 7 contracts
Samples: Supplemental Indenture (Apcoa Inc), Indenture (Diamond Brands Inc), Supplemental Indenture (Century Parking Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt, including Senior Debt incurred after the date of this Indenture. A distribution may consist of cash, securities or other property, by set-off or otherwise.
Appears in 6 contracts
Samples: Indenture (Wci Communities Inc), Indenture (Wci Communities Inc), Indenture (Florida Lifestyle Management Co)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by by, and the payment of principal, premium, if any, and interest on, the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XIII, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Debt, and that the subordination is for the benefit of and enforceable by the holders of Senior Debt.
Appears in 6 contracts
Samples: Indenture (Arch Wireless Inc), Indenture (Arch Wireless Communications Inc), Indenture (Arch Wireless Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 6 contracts
Samples: Indenture (Global Crossing Holdings LTD), Indenture (Amcraft Building Products Co Inc), Indenture (Forcenergy Inc)
Agreement to Subordinate. The Company agrees, and each Holder holder of Convertible Notes by accepting a Convertible Note agrees, that the Indebtedness indebtedness evidenced by the Notes Convertible Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10XI, to the prior payment in full in cash or payment satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed incurred or guaranteedassumed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 5 contracts
Samples: Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 5 contracts
Samples: Indenture (Mueller Water Products, Inc.), Indenture (Polaner Inc), Indenture (Mueller Holdings (N.A.), Inc.)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 4 contracts
Samples: Indenture (L 3 Communications Holdings Inc), Indenture (L-3 Communications Cincinnati Electronics CORP), Indenture (Eer Systems Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on of the Company, including Senior Debt incurred after the date hereof or hereafter created, incurred, assumed or guaranteed)of this Indenture, and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 3 contracts
Samples: Indenture (Atwood Mobile Products Inc), Indenture (Mark I Molded Plastics of Tennessee Inc), Indenture (Mark I Molded Plastics of Tennessee Inc)
Agreement to Subordinate. The Company agrees, and each Holder holder of Notes by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash or payment satisfactory to holders of Senior Indebtedness of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 3 contracts
Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)
Agreement to Subordinate. The Company agreesGuarantors agree, and each Holder of Notes by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 3 contracts
Samples: Indenture (Crew J Operating Corp), Indenture (Diamond Brands Inc), Indenture (Diamond Brands Operating Corp)
Agreement to Subordinate. The Company agreesand the Guarantors agree, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 3 contracts
Samples: Indenture (SFX Entertainment Inc), Indenture (SFX Entertainment Inc), Indenture (SFX Broadcasting Inc)
Agreement to Subordinate. The Each of the Company and the Guarantors agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes and the Guarantees is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteedGuaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 3 contracts
Samples: Indenture (Neomarkers Inc), Indenture (Genesis Healthcare Corp), Indenture (Neighborcare Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full in cash or Cash Equivalents of all Obligations on Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Indenture (Capstar Hotel Co), Indenture (Meristar Hospitality Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Marketable Securities of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 2 contracts
Samples: Indenture (Gfsi Inc), Indenture (Gfsi Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 2 contracts
Samples: Indenture (Nutra Sales Corp), Indenture (General Nutrition Companies Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt of the Company (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Indenture (Dyersburg Corp), Indenture (Simmons Co /Ga/)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt of the Company (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of such Senior Debt.
Appears in 2 contracts
Samples: Indenture (Timco Engine Center Inc), Indenture (National Waterworks Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note Debenture agrees, that the Indebtedness indebtedness evidenced by the Notes Debentures is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt and holders of Subsidiary Debt.
Appears in 2 contracts
Samples: Indenture (Standard Motor Products Inc), Indenture (Standard Motor Products Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full full, in cash or Cash Equivalents, of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Indenture (Furon Co), Indenture (Salton Maxim Housewares Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article [10], to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Note Purchase Agreement (Teleflex Inc), Note Purchase Agreement (Teleflex Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Indenture (Klingel Carpenter Mortuary Inc), Indenture (Carmike Cinemas Inc)
Agreement to Subordinate. The Company agrees, and each ------------------------ Holder by accepting a Note agrees, that the Indebtedness Indebtedness, interest and other obligations of any kind evidenced by the Notes is and this Indenture are subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash or cash equivalents of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 2 contracts
Samples: Indenture (Asyst Technologies Inc /Ca/), Indenture (Resmed Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness Indebtedness, interest and other obligations of any kind evidenced by the Notes is and this Indenture are subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash or cash equivalents of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 2 contracts
Samples: Indenture (Province Healthcare Co), Indenture (Vector Group LTD)
Agreement to Subordinate. The Company agrees, and each Holder holder of Notes by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10ARTICLE XIII, to the prior payment in full in cash or other consideration satisfactory to holders of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt. For the avoidance of doubt, the 2012 Notes are parri passu in right of payment to the Indebtedness evidenced by the Notes.
Appears in 2 contracts
Samples: Indenture (Metaldyne Corp), Indenture (Metaldyne Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note (including but not limited to Liquidated Damages) is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Indenture (Wavetek U S Inc), Indenture (Hydrochem International Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Indenture (Kti Inc), Indenture (Kti Inc)
Agreement to Subordinate. The Company agrees, and each Holder holder of Notes by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 106, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 2 contracts
Samples: Indenture (P Com Inc), Indenture (P Com Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by payment of the Notes is Subordinated Note Obligations shall be subordinated in right of payment, to the extent and in the manner provided as set forth in this Article 10, to the prior payment in full in cash of all Senior Debt (Debt, whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Indenture (Houston Exploration Co), Indenture (Houston Exploration Co)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by by, and the payment of principal, premium, interest and Liquidated Damages, if any, on, the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 2 contracts
Samples: Indenture (Planet Hollywood International Inc), Indenture (Ubiquitel Inc)
Agreement to Subordinate. The Company agreesand the Guarantors agree, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 2 contracts
Samples: Indenture (Mail Well Inc), Indenture (Mail Well Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 2 contracts
Samples: Note Purchase Agreement (Jw Childs Equity Partners Ii Lp), Note Purchase Agreement (Signal Medical Services)
Agreement to Subordinate. (a) The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Coinstar Inc)
Agreement to Subordinate. The Company agrees, and each Holder holder of Notes by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10VI, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder of Notes by accepting a Note agrees, that the Indebtedness evidenced by all Obligations on the Notes is are subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full in cash of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Indenture (Desa Holdings Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by by, and the payment of principal, premium and interest on, the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XII, to the prior payment in full of all Senior Debt Indebtedness [(whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)], and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Indenture (Neenah Foundry Co)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by payment of the Notes is Subordinated Note Obligations shall be subordinated in right of payment, to the extent and in the manner provided as set forth in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (Indebtedness, whether outstanding on the date hereof or hereafter created, thereafter incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (KSL Recreation Group Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by and all Obligations relating to the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Luiginos Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes including without limitation the Liquidated Damages is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders from time to time of Senior Debt.
Appears in 1 contract
Samples: Indenture (Unwired Telecom Corp)
Agreement to Subordinate. The Company agrees, and each Holder of Notes by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (Debt, whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Jitney Jungle Stores of America Inc /Mi/)
Agreement to Subordinate. The Company agrees, and each Holder holder of Notes by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or payment satisfactory to holders of Senior Debt of all Senior Debt (whether 95 outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Agreement to Subordinate. The Company agreesand the Guarantors agree, and each Holder by accepting a Note agrees, that the Indebtedness Debt evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.or
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness (including premium and Liquidated Damages, if any) evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness Indebtedness, interest and other Obligations of any kind evidenced by the Notes and this Indenture is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Impac Group Inc /De/)
Agreement to Subordinate. The Company Corporation agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full of all Senior Debt Indebtedness of the Corporation (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full in cash and Cash Equivalents of all Obligations due in respect of all Senior Debt of the Company (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt, including Senior Debt incurred after the date of this Agreement.
Appears in 1 contract
Samples: Indenture (Transmontaigne Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or cash equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of of, and enforceable by, the holders of Senior Debt.
Appears in 1 contract
Agreement to Subordinate. The Company agreesagrees for itself and its successors, and each Holder by accepting a Note agrees, that the Indebtedness Debt evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full full, in cash or Cash Equivalents, of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Salton Inc)
Agreement to Subordinate. The Company agrees, and each Holder the holder of this Note by accepting a this Note agrees, that the Indebtedness indebtedness and other obligations evidenced by the Notes is this Note are subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 4, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of and enforceable by the holders of such Senior DebtDebt (the "Senior Debtholders").
Appears in 1 contract
Samples: Subordinated Note (White Mountains Insurance Group LTD)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt of the Company and of the Guarantors (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Appleton Papers Inc/Wi)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), Indebtedness and that the subordination is for the benefit of the holders of Senior Debt.Indebtedness, and authorizes and directs the Trustee to take such action as may be necessary or 80
Appears in 1 contract
Samples: Indenture (Aztar Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof Issue Date or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Spectrum Brands, Inc.)
Agreement to Subordinate. The Company agrees, and each Holder holder of Notes by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or payment satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Euro Indenture (MDCP Acquisitions I)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness Obligations evidenced by the Notes is are subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Team Health Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by by, and the payment of principal, premium and interest on, the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10XI, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Indebtedness, and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Indenture (Neenah Foundry Co)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full in cash or cash equivalents of all Senior Debt of the Company (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Longview Fibre Co)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes and each Note Guarantee is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt Indebtedness of the Company and the Guarantors, respectively (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof Issue Date or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Rayovac Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Obligations with respect to such Note is subordinated in right of payment, to the extent and in the manner provided in this Article 1012, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Apparel Retailers Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether 77 outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt Debt, including the Senior Notes (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt. The Notes shall be "Designated Senior Debt" for purposes of the indenture governing the Company's Convertible Notes.
Appears in 1 contract
Samples: Indenture (Amkor Technology Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness Indebtedness, interest and other obligations of any kind evidenced by the Notes is and this Indenture are subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the such subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Indenture (Veeco Instruments Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Obligations due in respect of the Company’s Senior Debt (whether outstanding on the date hereof Issue Date or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders Holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Omnicare Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of and enforceable by the holders of Senior Debt. Payments by Guarantors shall be subject to the same restrictions as payments by the Company hereunder.
Appears in 1 contract
Samples: Indenture (Carters Imagination Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness (including but not limited to the payment of principal of and premium, interest and Additional Interest, if any) evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full in cash of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Indenture (Cke Restaurants Inc)
Agreement to Subordinate. The Company ACC agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes and any other payment obligations on or with respect to the Notes (including any obligation to repurchase the Notes) is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Indenture (Renal Care Group Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness Indebtedness, interest and other Obligations of any kind evidenced by the Notes and this Indenture is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.. 182
Appears in 1 contract
Samples: Senior Subordinated Note Purchase Agreement (Transtechnology Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by payment of the Notes is Subordinated Note Obligations shall be subordinated in right of payment, to the extent and in the manner provided as set forth in this Article 10, to the prior payment in full in cash or cash equivalents of all Senior Debt (Debt, whether outstanding on the date hereof or hereafter createdthereafter incurred. For purposes of this Article 10, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt."
Appears in 1 contract
Samples: Indenture (Decisionone Corp /De)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by by, and all Obligations relating to, the Notes is are subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Oshkosh Truck Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes and each Note Guarantee is subordinated in right of payment, to the extent and in the manner provided in this Article 1010 and the Intercreditor Agreement, to the prior payment in full of all Senior Debt Indebtedness of the Company and the Guarantors, respectively (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by payment of all Obligations on the Notes is shall be subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all existing and future Senior Debt (Debt, whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Conmed Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full in cash or Cash Equivalents of all Senior Debt of the Issuers (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (American Seafoods Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by all Obligations on the Notes is shall be subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Marketable Securities of all Senior Debt (Debt, whether outstanding on the date hereof or hereafter created, thereafter incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Advanced Medical Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 15, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes (including any interest, premium and Liquidated Damages payable thereon) is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Hercules Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note Guarantees is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt of such Guarantor (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtDebt of such Guarantor.
Appears in 1 contract
Samples: Indenture (Jordan Industries Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Indenture (Pillowtex Corp)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note Debenture agrees, that the Indebtedness evidenced by the Notes Debenture is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Greyhound Lines Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1011, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed)Indebtedness, and that the subordination is for the benefit of the holders of Senior DebtIndebtedness. All provisions of this Article 11 shall be subject to Section 11.13.
Appears in 1 contract
Samples: Indenture (Lomak Petroleum Inc)
Agreement to Subordinate. The Company agrees, and each Holder of Notes by accepting a Note agrees, that the Indebtedness all Obligations evidenced by the Notes is are subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof Effective Date or hereafter created, incurred, assumed or guaranteedguaranteed thereafter), and that the subordination is for the benefit of the holders of Senior DebtDebt of the Company.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (J Crew Group Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is and all Obligations in respect of the Notes (including but not limited to Liquidated Damages) are subordinated in right of payment, to the extent and in the manner provided in this Article 10Thirteen, to the prior payment in full in cash of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Indenture (Oci Holdings Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Ten, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Emmis 105 5 Fm Radio License Corp of Terre Haute)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of such Senior DebtIndebtedness.
Appears in 1 contract
Samples: Indenture (Coast Resorts Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 1013, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Lbi Media Holdings Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10Section 8, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Senior Subordinated Convertible Notes Agreement (Deerfield Capital Corp.)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness Obligations evidenced by the Notes is shall be subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash of all Senior Debt (Debt, whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by all Obligations on the Notes is shall be subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (Debt, whether outstanding on the date hereof or hereafter created, thereafter incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.. 73
Appears in 1 contract
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Newcor Inc)
Agreement to Subordinate. The Company agrees, and each Holder of Notes by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full of all Obligations in respect of Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Laralev Inc)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of and enforceable by the holders of Senior Debt.
Appears in 1 contract
Samples: Indenture (Amscan Holdings Inc)
Agreement to Subordinate. The Company agreesCompany, the Trustee and each Holder by accepting a Note agrees, that the Indebtedness indebtedness and obligations evidenced by the Notes is Note are subordinated in right of payment, to the extent and in the manner provided in this Article 10Article, to the prior payment in full full, in cash, of all Obligations with respect to Senior Debt of the Company (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtDebt of the Company.
Appears in 1 contract
Samples: Indenture (Iron Mountain Inc /De)
Agreement to Subordinate. The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes Note is subordinated in right of payment, to the extent and in the manner provided in this Article 10X, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.
Appears in 1 contract
Samples: Indenture (Inex Corp)