Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 49 contracts
Samples: Second Bancorp Incorporated (Second Bancorp Inc), Indenture (Independent Capital Trust Iii), Indenture (Independent Bank Corp)
Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 15 contracts
Samples: Indenture (S Y Bancorp Inc), Indenture (S Y Bancorp Inc), Itla Capital Corp
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Debt and Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 11 contracts
Samples: Indenture Indenture (Pennfirst Capital Trust I), Indenture (Bankatlantic Bancorp Inc), Bankunited Capital Iii
Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company Corporation of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Debt and Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 10 contracts
Samples: Indenture (American Community Bancshares Inc), Metropolitan Capital Trust Ii, Southern Community Financial Corp
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's ’s acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "“Senior Indebtedness"”) to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 6 contracts
Samples: Great Southern (Great Southern Capital Trust IV), Indenture (Capitol Trust Xv), First Financial (First Financial Capital Trust II)
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Securities by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVITwelve; and each holder Holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, interest (including any Additional Payments) and interest Additional Redemption Distributions, if any, on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; PROVIDED, HOWEVER, that no provision of this Article XVI Twelve shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 5 contracts
Samples: Fleetwood Enterprises Inc/De/, Fleetwood Capital Trust Iii, Fleetwood Enterprises Inc/De/
Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder. In no event shall the Debentures be subordinate to the Company's: (i) trade accounts payable, (ii) accrued liabilities arising in the ordinary course of business, or (iii) debt to any employee of the Company.
Appears in 4 contracts
Samples: Baylake Capital Trust I, First Busey Capital Trust I, Baylake Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Junior Subordinated Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Junior Subordinated Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a DebentureHolder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Junior Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior and Subordinated Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 4 contracts
Samples: Ebh Capital Trust I, Blue Valley Ban Corp, BVBC Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Junior Subordinated Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Junior Subordinated Debentures shall be issued subject to the provisions of this Article XVISixteen; and each holder of a DebentureHolder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Junior Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior and Subordinated Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI Sixteen shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 4 contracts
Samples: Community First Bankshares Inc, Community First Bankshares Inc, Community First Bankshares Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 3 contracts
Samples: Matrix Bancorp Capital Trust I, Independent Capital Trust, Matrix Bancorp Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder. In no event shall the Debentures be subordinate to the Company's (i) trade accounts payable, or (ii) accrued liabilities arising in the ordinary course of business; however, the Debentures shall be subordinate to (i) any Debt of the Company to any of its subsidiaries and (ii) Debt to any employees of the Company.
Appears in 3 contracts
Samples: Indenture (United Bancorporation of Alabama Inc), Indenture (BCSB Bankcorp Inc), Indenture (Florida Banks Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Subordinated Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Subordinated Debentures shall be issued subject to the provisions of this Article XVIVI; and each holder of a Subordinated Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest on all Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior subject in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this First Supplemental Indenture or thereafter incurred. No provision of this Article XVI VI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 3 contracts
Samples: First Supplemental Indenture (Telephone & Data Systems Inc), Indenture (Kansas City Power & Light Co), First Supplemental Indenture (Telephone & Data Systems Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXIII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XIII shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 3 contracts
Samples: First Merchants Corp, First Merchants Corp, First Merchants Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, ------------------------ and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; , and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 2 contracts
Samples: Abc Bancorp Capital Trust I, Abc Bancorp Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Convertible Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Convertible Debentures shall be issued subject to the provisions of this Article XVITwelve; and each holder Holder of a Convertible Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest (including Additional Payments, if any) on all Convertible Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt existing and Additional Senior Obligations (collectively, "future Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; PROVIDED HOWEVER, that no provision of this Article XVI Twelve shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (Sun Healthcare Group Inc), Sun Healthcare Group Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder. In no event shall the Debentures be subordinate to the Company's (i) trade accounts payable, or (ii) accrued liabilities arising in the ordinary course of business; however, the Debentures shall in all cases be subordinate to (i) any debt of the Company to any of its subsidiaries and (ii) any debt of the Company to any of its employees.
Appears in 2 contracts
Samples: Indenture (Heartland Financial Usa Inc), Indenture (Mountainbank Financial Corp)
Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Junior Subordinated Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Junior Subordinated Debentures shall be issued subject to the provisions of this Article XVIXV; and each holder of a Junior Subordinated Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company Corporation of the principal of of, premium, if any, and interest (including Compounded Interest and Additional Sums, if any) and Liquidated Damages, if any, on all Junior Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XV shall prevent the occurrence of any default Default or Debenture Event of Default hereunder.
Appears in 2 contracts
Samples: Satisfaction And (Mainstreet Bankgroup Inc), Mainstreet Bankgroup Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXVII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XVII shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 2 contracts
Samples: Greater Atlantic Financial Corp, Ifc Capital Trust Ii
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Securities by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVITwelve; and each holder Holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest (including Additional Payments) on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt existing and Additional Senior Obligations (collectively, "future Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; PROVIDED HOWEVER, that no provision of this Article XVI Twelve shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Suiza Foods Corp
Agreement to Subordinate. The Company covenants and agrees, ------------------------ and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Ctbi Preferred Capital Trust Ii
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures Securities issued hereunder hereunder, by such holderHolder's acceptance thereof thereof, likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVI; XIV, and each holder Holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture or thereafter incurred. Senior Indebtedness shall continue to be Senior Indebtedness and entitled to the benefits of this Article XIV irrespective of any amendment, modification or waiver of any term of such Senior Indebtedness. No provision of this Article XVI XIV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: WPS Resources Corp
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holderSecurityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXV; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, and premium, if any, and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture or thereafter incurred; provided, however, that the Debentures shall rank pari passu in right of payment with the Company's Junior Subordinated Deferrable Interest Debentures due September 7, 2030 issued pursuant to an Indenture dated as of September 7, 2000 by and between the Company and U.S. Bank National Association. No provision of this Article XVI XV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Rurban Financial Corp
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures Securities issued hereunder hereunder, by such holder's Hoxxxx’s acceptance thereof thereof, likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVI; XIV, and each holder Holder of a DebentureSecurity, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest on all Debentures Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture or thereafter incurred. Senior Indebtedness shall continue to be Senior Indebtedness and entitled to the benefits of this Article XIV irrespective of any amendment, modification or waiver of any term of such Senior Indebtedness. No provision of this Article XVI XIV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: WPS Resources Corp
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.. Section 16.2
Appears in 1 contract
Samples: Quad City Holdings Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXVII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XVII shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: American Bank Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's ’s acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "“Senior Indebtedness"”) to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: S.Y. Bancorp Capital Trust II
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVITwelve; and each holder Holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest (including Additional Payments) on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all existing and future Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided however, that no provision of this Article XVI Twelve shall prevent the occurrence of any default or Indenture Event of Default hereunder.
Appears in 1 contract
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter herein after set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Glacier Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior IndebtednessSENIOR INDEBTEDNESS") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.. In no event shall the Debentures be subordinate to the Company's: (i) trade accounts payable,
Appears in 1 contract
Samples: Old Second Bancorp Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder. In no event shall the Debentures be subordinate to the Company's (i) trade accounts payable, or (ii) accrued liabilities arising in the ordinary course of business; however, the Debentures shall be subordinate to (i) any debt of the Company to any of its subsidiaries and (ii) debt to any employees of the Company.
Appears in 1 contract
Samples: Indenture (Investorsbancorp Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: First Preferred Capital Trust Ii
Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's ’s acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVI; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "“Senior Indebtedness"”) to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder. In no event shall the Debentures be subordinate to the Company’s: (i) trade accounts payable; (ii) accrued liabilities arising in the ordinary course of business; or (iii) debt to any employee of the Company.
Appears in 1 contract
Samples: First Busey Statutory Trust V
Agreement to Subordinate. The Company covenants and agrees, and each holder of the Debentures issued hereunder by such holder's ’s acceptance thereof likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVIARTICLE XVII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all the Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations of the Company (collectively, "“Senior Indebtedness"”) to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI ARTICLE XVII shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Tompkins Financial Corp)
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures Junior Subordinated Xxxxxxxxxx issued hereunder by such holderXxxxxx's acceptance thereof likewise covenants and agrees, that all Junior Subordinated Debentures shall be issued subject to the provisions of this Article XVISixteen; and each holder of a DebentureHolder, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Junior Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI Sixteen shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: United Community Bancshares Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVITwelve; and each holder Holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest (including Additional Payments) on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt existing and Additional Senior Obligations (collectively, "future Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided however, that no provision of this Article XVI Twelve shall prevent the occurrence of any default or Indenture Event of Default hereunder.
Appears in 1 contract
Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXVII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company Corporation of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Debt and Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XVII shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Southern Community Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Certificates by such holder's Holder' s acceptance thereof likewise covenants and agrees, that all Debentures Certificates shall be issued subject to the provisions of this Article XVIXII; and each holder Holder of a DebentureCertificate, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of any and interest all amounts required hereunder, including fees and expenses (other than fees and expenses under Sections 10.05, 16.01 and 16.05 hereof), on all Debentures issued hereunder Certificates exercised shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture Issue Date or thereafter incurred. No provision of this Article XVI XII shall prevent the occurrence of any default Default or Event of Default hereunder., nor the rights of any Holder to exercise such rights and remedies afforded to it under this Agreement with respect to any provision of this Agreement. 45
Appears in 1 contract
Samples: Contingent Appreciation Certificate Agreement (Crown Media Holdings Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Convertible Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Convertible Debentures shall be issued subject to the provisions of this Article XVITwelve; and each holder Holder of a Convertible Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest (including Additional Payments, if any) on all Convertible Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt existing and Additional Senior Obligations (collectively, "future Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided however, that no provision of this Article XVI Twelve shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Central Parking Corp
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXIII; and each holder Holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal or Redemption Price of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture or thereafter incurredincurred irrespective of any amendment, modification or waiver of any term of such Senior Indebtedness. No provision of this Article XVI XIII shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Renaissancere Holdings LTD
Agreement to Subordinate. The Company covenants and agrees, and each holder of Subordinated Debentures issued hereunder hereunder, by such holder's acceptance thereof likewise covenants and agrees, that all Subordinated Debentures shall be issued subject to the provisions of this Article XVIArticle; and each holder of a Subordinated Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest on all Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated subordinate and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default hereunder or Event of Default hereunderDefault.
Appears in 1 contract
Samples: Illinois Power Co
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Debt Securities, by such holderHolder's acceptance thereof thereof, likewise covenants and agrees, that all Debentures Debt Securities shall be issued subject to the provisions of this Article XVITwelve; and each holder Holder of a DebentureDebt Security, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest (including Additional Payments, if any) on all Debentures Debt Securities issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated expressly made subordinate and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt existing and Additional Senior Obligations (collectively, "future Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No ; provided however, that no provision of this Article XVI Twelve shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Breed Technologies Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such holder's xxxxxx’s acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXVII; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "“Senior Indebtedness"”) to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI XVII shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Bridge Bancorp Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Subordinated Debentures issued hereunder by such holder's acceptance thereof likewise covenants and agrees, that all Subordinated Debentures shall be issued subject to the provisions of this Article XVIVI; and each holder of a Subordinated Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, premium, if any, and interest on all Subordinated Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior subject in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to Indebtedness of the extent provided hereinCompany, whether outstanding at the date of this ________ Supplemental Indenture or thereafter incurred. No provision of this Article XVI VI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Notes by such holderXxxxxx's acceptance thereof likewise covenants and agrees, that all Debentures Notes shall be issued subject to the provisions of this Article XVIXII; and each holder Holder of a DebentureNote, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of of, and interest (including Additional Payments) on all Debentures Notes issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No Incurred; PROVIDED HOWEVER, that no provision of this Article XVI XII shall prevent the occurrence of any default Default or Indenture Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Cccisg Capital Trust)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder Debentures, by such holder's acceptance thereof thereof, likewise covenants and agrees, agrees that all Debentures shall be issued subject to the provisions of this Article XVIArticle; and each holder of a Debenture, whether upon original issue or upon transfer or assignment thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal of and interest on all Debentures issued hereunder shall, to the extent and in the manner hereinafter set forth, be subordinated and junior in right of payment to the prior payment in full of all Senior Debt, Debt and Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Southside Capital Trust I