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 50 contracts
Samples: Indenture (Local Financial Corp /Nv), Indenture (Independent Bank Corp), Indenture (Simmons First Capital Trust)
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 (Itla Capital Corp), Indenture (S Y Bancorp Inc)
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 (Metropolitan Financial Corp /Oh/), Indenture (Metropolitan Financial Corp /Oh/), Indenture (Metropolitan Capital Trust Ii)
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: Indenture (First Financial Capital Trust II), Indenture (Capitol Bancorp LTD), Indenture (Capitol Trust Xv)
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: Subordinated Indenture (CFB Capital Iv), Subordinated Indenture (Community First Bankshares Inc), Subordinated Indenture (Community First Bankshares Inc)
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: Subordinated Indenture (Ebh Capital Trust I), Subordinated Indenture (Ebh Capital Trust I), Subordinated Indenture (Blue Valley Ban 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 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: Indenture (First Merchants Corp), Indenture (First Merchants Capital Trust I), Indenture (First Merchants 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 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: Indenture (Matrix Bancorp Capital Trust I), Indenture (Matrix Bancorp Capital Trust I), Indenture (Independent Capital Trust)
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: Indenture (Ifc Capital Trust Ii), Indenture (Greater Atlantic Financial 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 2 contracts
Samples: Indenture (Abc Bancorp Capital Trust I), Indenture (Abc Bancorp Capital Trust I)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Debt Securities issued hereunder and under any supplemental indenture (the "Additional Provisions") by such holderSecurityholder's acceptance thereof likewise covenants and agrees, that all Debentures Debt Securities shall be issued subject to the provisions of this Article XVIXV; and each 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 and interest payments due on all Debentures Debt Securities issued hereunder and under any Additional Provisions 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. No provision of this Article XVI XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (Service 1st Bancorp), Indenture (QCR Holdings Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder Holder by such holder's acceptance thereof accepting a Note likewise covenants and agrees, that all Debentures Notes shall be issued subject to the provisions of this Article XVI12; and each holder of a DebenturePerson holding any Note, whether upon original issue or upon transfer transfer, assignment or assignment exchange thereof, accepts and agrees to be bound by such provisions. The Notes shall, to the extent set forth in this Article 12, be subordinated in right of payment by to the Company prior payment in full, in cash, of all amounts that constitute Senior Debt. The payment of the principal of of, premium, if any, and interest interest, on all Debentures Notes (including, but not limited to, the Fundamental Change Purchase Price) 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 the extent provided herein, whether outstanding at the date of this Indenture or thereafter incurred, in full in cash or payment satisfactory to the holders of Senior Debt. No provision of this Article XVI 12 shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (Providence Service Corp), Indenture (Providence Service Corp)
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Subordinated Debentures issued hereunder by such holderHolder's acceptance thereof likewise covenants and agrees, that all 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 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 2 contracts
Samples: Subordinated Indenture (Ozark Capital Trust), Subordinated Indenture (Bank of the Ozarks 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: Indenture (American Bank 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 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 by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVIXII; 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, if any) 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 in money 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 XII shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Titanium Metals Corp)
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 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: Subordinated Indenture (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 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
Samples: Indenture (American Equity Investment Life Holding Co)
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 covenants and agrees, and each holder of Debentures Debt Securities issued hereunder and under any supplemental indenture (the "Additional Provisions") by such holder's acceptance thereof likewise covenants and agrees, that all Debentures Debt Securities shall be issued subject to the provisions of this Article XVIXV; and each 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 and interest payments due on all Debentures Debt Securities issued hereunder and under any Additional Provisions 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. No provision of this Article XVI XV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Hf Financial Corp)
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
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 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: Indenture (Glacier Capital Trust I)
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
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures issued hereunder Notes by such holderHolder's acceptance thereof likewise covenants and agrees, that all Debentures shall Noxxx xxall be issued subject to the provisions of this Article XVI11; 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, premium, if any, interest and interest on other Obligations with respect to 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 in cash of principal of (and premium, if any), interest and all Senior other Obligations with respect to all Secured Debt, Subordinated Debt and Additional Senior Obligations (collectively, "Senior Indebtedness") to the extent provided herein, whether outstanding at the date of this Supplemental Indenture or thereafter incurred. No ; provided, however, that no provision of this Article XVI 11 shall prevent the occurrence of any default Default or 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 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 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: 8.54% Junior Subordinated Deferrable Interest Indenture (Renaissancere Holdings LTD)
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
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Debt Securities issued hereunder and under any supplemental indenture (the “Additional Provisions”) by such holder's Securityholder’s acceptance thereof likewise covenants and agrees, that all Debentures Debt Securities shall be issued subject to the provisions of this Article XVIXV; and each holder of a DebentureSecurityholder, 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 payments due on all Debentures Debt Securities issued hereunder and under any Additional Provisions 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. No provision of this Article XVI XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Flagstar Bancorp Inc)