Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; 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 premium, if any, and interest on all Debentures 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 Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 35 contracts
Samples: Indenture (Southern Heritage Bancorp Inc), Indenture (MortgageIT Holdings, Inc.), Indenture (James River Group, INC)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Debentureholder issued hereunder by such Securityholder's his acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV14; and each holder of a person holding any Debenture, whether upon original issue or upon transfer transfer, assignment or assignment thereof, exchange thereof accepts and agrees to be bound by such provisions. The payment by the Company of the principal 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 Indebtedness of the CompanyDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV 14 shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 8 contracts
Samples: Litchfield Financial Corp /Ma, Houston Industries Inc, Pogo Trust Ii
Agreement to Subordinate. The Company covenants and agrees, ------------------------ and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; 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 premium, if any, and interest on all Debentures 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 Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 4 contracts
Samples: Indenture (Alabama National Bancorporation), Indenture (Gateway Bancshares Inc /Ga/), Indenture (Florida Banks Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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 ofof (including redemption payments), and 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 4 contracts
Samples: Indenture (Puget Sound Energy Inc), Indenture (Agl Resources Inc), Indenture (Safeco Corp)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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 (and 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 the Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 4 contracts
Samples: Indenture (Berkley W R Capital Trust), Trenwick Group Inc, Orion Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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, and 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 Allocable Amounts with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 4 contracts
Samples: Indenture (Firstar Corp /Wi/), Indenture (Hubco Inc), Indenture (Hubco Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures by such Securityholder's acceptance thereof Debt Securities issued hereunder likewise covenants and agrees, that all Debentures the Debt Securities shall be issued subject to the provisions of this Article XV; 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 premium, if any, and interest on all Debentures Debt 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 3 contracts
Samples: Indenture (Suntrust Banks Inc), Satisfaction And (Suntrust Capital Ii), Satisfaction and Discharge (Suntrust Capital Iv)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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 and 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 amounts with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 3 contracts
Samples: Indenture (Markel Corp), Indenture (Vesta Insurance Group Inc), Indenture (Vesta Insurance Group Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XVFifteen; and each 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, and 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Fifteen shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 3 contracts
Samples: Indenture (Albank Capital Trust I), Indenture (Webster Financial Corp), Community Bank System Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures by such Securityholder's acceptance thereof issued hereunder likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XVV; 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 ofof and interest, and premiumincluding contingent interest, 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV V shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 3 contracts
Samples: Indenture (Omnicare Capital Trust Ii), Supplemental Indenture (Omnicare Inc), Omnicare Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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, and premium, if any, and interest on all Debentures shallSecurities issued hereunder, to the extent and in the manner hereinafter set forth, shall be subordinated and junior in right of payment to the prior payment in full of all Allocable Amounts with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 3 contracts
Samples: Indenture (New York Bancorp Capital Trust), Satisfaction And (Imperial Capital Trust I), Life Financial Capital Trust
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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 and 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 amounts with respect to Senior Indebtedness of the CompanyDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (New South Capital Trust I), Indenture (New South Capital Trust I)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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 and 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 Allocable Amounts with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Bankboston Capital Trust Iii, Bankboston Capital Trust V
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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, and 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (Allmerica Financial Corp), Indenture (Equitable of Iowa Companies)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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, and 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (Onbancorp Inc), Indenture (M&t Bank Corp)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XVFifteen; and each 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 and 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 Allocable Amounts with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Fifteen shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (Bank of Boston Corp), Indenture (Bank of Boston Corp)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's ’s acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; 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 premium, if any, and interest on all Debentures 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 Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 2 contracts
Samples: Indenture (ACA Capital Holdings Inc), Loan and Security Agreement (Homebanc Corp)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof issued hereunder likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XV; 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 premium, if any, 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: Mmi Companies Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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, and 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 with respect to Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Agreement to Subordinate. The Company Bank covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; 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 Bank of the principal of, and premium, if any, and interest on all Debentures 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 Indebtedness of the CompanyBank, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Union National Financial Corp / Pa
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Holder issued hereunder by such Securityholder's his acceptance thereof likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVSixteen; and each holder of a Debentureperson holding any Security, whether upon original issue or upon transfer transfer, assignment or assignment thereof, exchange thereof accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and 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 Indebtedness of the CompanyDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Sixteen shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: Reliant Energy Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder Holder of Debentures by such Securityholder's acceptance thereof issued hereunder likewise covenants and agrees, that all the Debentures shall be issued subject to the provisions of this Article XV; 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 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: Fw Preferred Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVXV and under any supplemental indenture; 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 premium, if any, and interest on all Debentures 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 Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV 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 by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; 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 premium, if any, and interest on all Debentures 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 Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision ; provided, however, that the Debt Securities shall rank pari passu in right of this Article XV shall prevent payment with the occurrence of any default or Event of Default hereunder.Company's 9.58% Junior Subordinated Debentures due February
Appears in 1 contract
Samples: Indenture (Usb Holding Co Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Holder hereunder by such Securityholder's his acceptance thereof likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVSixteen; and each holder of a Debentureperson holding any Security, whether upon original issue or upon transfer transfer, assignment or assignment thereof, exchange thereof accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and 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 Indebtedness of the CompanyDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Sixteen shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Cleco Corp
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; and each holder of a Debenture, 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 premium, if any, and interest on all Debentures 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 Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (QCR Holdings Inc)
Agreement to Subordinate. The Company Corporation covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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 Corporation of the principal of, and 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV 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 by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; 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 premium, if any, and interest on all Debentures 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 Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (First Banks Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; 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 premium, if any, and interest on all Debentures 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 Indebtedness of the Company, including, without limiting the generality of the foregoing, that certain Credit Agreement dated as of February 21, 2003 by and between the Company and The CIT Group/Equipment Financing, Inc., whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Tower Group, Inc.)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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 (and 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 the Senior Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Trenwick Capital Trust I
Agreement to Subordinate. The Company covenants and agrees, and the Trust and each holder of Debentures the Subordinated Note by such Securityholder's holder’s acceptance thereof likewise covenants and agrees, that all Debentures the Subordinated Note shall be issued subject to the provisions of this Article XV; V, and each holder of a Debenturethe Subordinated Note, 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 premium, if any, of and interest on all Debentures the Subordinated Note 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 Indebtedness of the Companyand Subordinated Debt, whether outstanding at the date of this Indenture Agreement or thereafter incurred. No provision of this Article XV 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 by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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 and 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Bancfirst Corp /Ok/)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Holder issued hereunder by such Securityholder's his acceptance thereof likewise covenants and agrees, that all Debentures Securities shall be issued subject to the provisions of this Article XVSixteen; and each holder of a Debentureperson holding any Security, whether upon original issue or upon transfer transfer, assignment or assignment thereof, exchange thereof accepts and agrees to be bound by such provisions. The payment by the Company of the principal of, and 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 Indebtedness of the CompanyDebt, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Sixteen shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Reliant Energy Inc
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; Fifteen, and each 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 and 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Fifteen 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 by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; 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 premium, if any, and interest on all Debentures 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 Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. The Debentures shall rank pari passu with that certain Floating Rate Junior Subordinated Deferrable Interest Debenture issued by the Company on December 4, 2002 in the principal amount of $15,464,000.00. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Penn America Group Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XV; and each 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 ofof (including redemption payments), and 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 Indebtedness of the Company, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Agl Capital Trust Iii)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures Debentureholder issued hereunder by such Securityholder's his acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV14; and each holder of a person holding any Debenture, whether upon original issue or upon transfer transfer, assignment or assignment exchange thereof, accepts and agrees to be bound by such provisions. The payment by the Company of the principal 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV 14 shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: Lyondell Trust Iii
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Securities issued hereunder likewise covenants and agrees, that all Debentures the Securities shall be issued subject to the provisions of this Article XVFifteen; and each 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, and 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV Fifteen shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (First Usa Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof Notes issued hereunder likewise covenants and agrees, that all Debentures the Notes shall be issued subject to the provisions of this Article XVXIII; and each 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, and premium, if any, and interest 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 Indebtedness of the CompanyIndebtedness, whether outstanding at the date of this Indenture Note Agreement or thereafter incurred. No provision of this Article XV XIII shall prevent the occurrence of any default Default or Event of Default hereunder.
Appears in 1 contract
Samples: Deferrable Interest Note Agreement (FBL Financial Group Inc)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures by such Securityholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XV; 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 premium, if any, and interest on all Debentures 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 Indebtedness of the Company, including, without limiting the generality of the foregoing, that certain Master Equipment Lease Agreement dated as of December 26, 2006 by and between Key Equipment Finance, Inc. and Tower Insurance Company of New York, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 1 contract
Samples: Indenture (Tower Group, Inc.)