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 (James River Group, INC), Indenture (MortgageIT Holdings, Inc.)
Agreement to Subordinate. The Company covenants and agrees, and each holder of Debentures issued hereunder by such Securityholderholder's acceptance thereof likewise covenants and agrees, that all Debentures shall be issued subject to the provisions of this Article XVXVI; 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, 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 Debt and Subordinated Debt (collectively, "Senior Indebtedness") to the Companyextent provided herein, whether outstanding at the date of this Indenture or thereafter incurred. No provision of this Article XV XVI shall prevent the occurrence of any default or Event of Default hereunder.
Appears in 11 contracts
Samples: Indenture (Bankunited Capital Iii), Indenture (Rbi Capital Trust I), Indenture (Pennfed Capital Trust I)
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: Junior Subordinated Indenture (Houston Industries Inc), Junior Subordinated Indenture (Litchfield Capital Trust Ii), Junior Subordinated Indenture (Litchfield Financial Corp /Ma)
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 (Gateway Bancshares Inc /Ga/), Indenture (Alabama National Bancorporation), 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 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 (Trenwick Group Inc), Indenture (Orion Capital Trust I), Indenture (Berkley W R 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, 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 Capital Trust I), Indenture (Hubco Inc), Indenture (Hubco 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 (Agl Capital Trust Ii), Indenture (Puget Sound Energy 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 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 (Vesta Insurance Group Inc), Indenture (Vesta Insurance Group Inc), Indenture (Markel Corp)
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), Indenture (Suntrust Capital Ii), Indenture (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 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 (Community Bank System Inc), Indenture (Webster Financial Corp), Indenture (Albank 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 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 (Life Financial Capital Trust), Indenture (Imperial Capital Trust I), Indenture (New York Bancorp Capital Trust)
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: Third Supplemental Indenture (Omnicare Capital Trust Ii), Third Supplemental Indenture (Omnicare Inc), Second Supplemental Indenture (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 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, 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: Junior Subordinated Indenture (New South Capital Trust I), Junior Subordinated Indenture (New South Capital Trust I)
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: Loan and Security Agreement (Homebanc Corp), Indenture (ACA Capital Holdings 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, 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 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 (M&t Bank Corp), Indenture (Onbancorp 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 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: Indenture (Bankboston Capital Trust Iii), Indenture (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 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 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, 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 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 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.)
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: Indenture (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; 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 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
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
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 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
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
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: Junior Subordinated Indenture (Fw Preferred Capital Trust I)
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: Subordinated Indenture (Cleco Corp)
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: Subordinated 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 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
Samples: Indenture (United National Bancorp)
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 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 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 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 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)