Common use of Agreement to Subordinate Clause in Contracts

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 12 contracts

Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Holdings LLC), Indenture (Carramerica Realty Corp)

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Agreement to Subordinate. The Except as otherwise provided in a supplemental indenture or pursuant to Section 301, the Company agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 7 contracts

Samples: Indenture (Community West Bancshares), Indenture (Central Valley Community Bancorp), Indenture (Bugaboo Creek Holdings Inc)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt Indebtedness, and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Appears in 6 contracts

Samples: Indenture (Citadel Broadcasting Corp), Indenture (Citadel Broadcasting Corp), Indenture (Sina Corp)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full in cash or Cash Equivalents of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 5 contracts

Samples: Credit Agreement (Ferrellgas Partners Finance Corp), Credit Agreement (Ferrellgas Finance Corp), Credit Agreement (Ferrellgas Partners Finance Corp)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full in cash of all Senior Debt and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 3 contracts

Samples: Indenture (Mindspring Enterprises Inc), Indenture (Advanced Energy Industries Inc), Indenture (Advanced Energy Industries Inc)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agreesagrees that, that unless otherwise specified as contemplated by Section 2.03(a) hereof, the indebtedness Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 11, to the prior payment in full of all Senior Debt with respect to such Security (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of such Senior Debt.

Appears in 3 contracts

Samples: Indenture (West Virginia Management Services Organization, Inc.), Indenture (Ail Technologies Inc), Indenture (NCS of Illinois Inc)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 12, to the prior payment in full of all Senior Debt Indebtedness, and that the subordination is for the benefit of of, and shall be enforceable directly by, the holders of Senior DebtIndebtedness, without any act or notice of acceptance hereof or reliance hereon.

Appears in 3 contracts

Samples: Subordinated Indenture (Conseco Inc Et Al), Indenture (Federal Mogul Corp), Subordinated Indenture (Conseco Financing Trust X)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Appears in 3 contracts

Samples: Indenture (Key Production Co Inc), Indenture (MDC Holdings Inc), Indenture (Key Production Co Inc)

Agreement to Subordinate. The Company agrees, and each Holder of Securities by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 2 contracts

Samples: Indenture (Carnival Corp), Indenture (Carnival Corp)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior and Senior Subordinated Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or Guaranteed), and that the subordination is for the benefit of the holders of Senior and Senior Subordinated Debt.

Appears in 2 contracts

Samples: Indenture (Tenet Healthcare Corp), Indenture (Tenet Healthcare Corp)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 2 contracts

Samples: Indenture (Del Webb Corp), Indenture (Del Webb Corp)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities Securities, and any guarantee of that indebtedness, is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt Indebtedness, and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Appears in 2 contracts

Samples: Indenture (Key Energy Group Inc), Indenture (Key Energy Group Inc)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities is and the payment of principal thereof and interest thereon are subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 11, to the prior payment in full of all Senior Debt Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness. Money and securities held in trust pursuant to Article 8 are not subject to the subordination provisions of this Article 11.

Appears in 2 contracts

Samples: Indenture (Continental Homes Holding Corp), Indenture (Continental Homes Holding Corp)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt Debt, and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 2 contracts

Samples: Indenture (Excel Legacy Corp), Shareholder Agreement (Excel Legacy Corp)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle Thirteen, to the prior payment in full of all existing and future Senior Debt Indebtedness of the Company and that the subordination is for the benefit of and enforceable by the holders of such Senior DebtIndebtedness. All provisions of this Article Thirteen shall be subject to Section 13.12.

Appears in 2 contracts

Samples: Subordinated Debt Indenture (Citizens Funding Trust IV), Junior Subordinated Debt Indenture (Citizens Funding Trust IV)

Agreement to Subordinate. The Except as otherwise specified, the Company agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities Notes is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 3, to the prior payment in full of all Senior Debt Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Appears in 2 contracts

Samples: First Supplemental Indenture (Peapack Gladstone Financial Corp), First Supplemental Indenture (Peapack Gladstone Financial Corp)

Agreement to Subordinate. The Company agrees, and each Holder holder of Securities by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleARTICLE XIII, to the prior payment in full in cash or other consideration satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (CTS Corp)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security consents and agrees, that the indebtedness Indebtedness evidenced by the Securities is Security and all Obligations of the Company under this Indenture and the payment of any Claims are subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 11, to the prior payment in full of all Senior Debt Indebtedness, and that the this subordination is for the benefit of the holders of Senior DebtIndebtedness and they and/or each of them may enforce such subordination.

Appears in 1 contract

Samples: Indenture (JCC Holding Co)

Agreement to Subordinate. The Company agrees, and ------------------------- each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (NVR Inc)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full in cash of all Senior Debt (whether outstanding on the date hereof or thereafter incurred), and that the subordination is for the benefit of the holders of Senior Debt. The Trustee's fees, expenses and indemnity payments, as provided for in Section 5.07 hereof, are not to be subordinated under this Section 11.01.

Appears in 1 contract

Samples: Indenture (Clark Refining & Marketing Inc)

Agreement to Subordinate. The Company agrees, and each Holder holder of Securities by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle V, to the prior payment in full in cash or other consideration satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (Pharmaceutical Resources Inc)

Agreement to Subordinate. The Company agrees, and ------------------------- each Holder of Securities by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Obligations in respect of Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (Advance Auto Parts Inc)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 10, to the prior payment in full when due of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of the holders of Senior Debt.and

Appears in 1 contract

Samples: Indenture (Stone Energy Corp)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment payments in full of all Senior Debt Debt, and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Form 8 A

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, agrees that the indebtedness Indebtedness evidenced by the each series of Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle XIII, to the prior payment in full in cash or Cash Equivalents of all Senior Debt and that the subordination is for the benefit Indebtedness of the holders Company, including Senior Indebtedness of Senior Debtthe Company incurred after the date hereof.

Appears in 1 contract

Samples: Indenture (Steelcase Inc)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities and the payment of the principal of (and premium, if any) and interest on each and all of the Securities is hereby expressly subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full in cash or cash equivalents of all Senior Debt Indebtedness and that the such subordination is for the benefit of the holders of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Indenture (Time Warner Inc)

Agreement to Subordinate. The Company agrees, and each Holder holder of Securities by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle XII, to the prior payment in full in cash or other consideration satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities each Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle XIV, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed) and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Appears in 1 contract

Samples: First Supplemental Indenture (KCS Energy Inc)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or Guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (Tenet Healthcare Corp)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 12, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Subordinated Indenture (SFX Broadcasting Inc)

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Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle XI, to the prior payment in full of all Senior Debt Indebtedness of the Company and that the subordination is for the benefit of and enforceable by the holders of such Senior DebtIndebtedness. All provisions of this Article XI shall be subject to Section 11.12.

Appears in 1 contract

Samples: Indenture (Skyworks Solutions Inc)

Agreement to Subordinate. The Company agrees, and ------------------------- each Holder Securityholder by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle X, to the prior payment in full of all Senior Debt Indebtedness and that the subordination is for the benefit of and enforceable by the holders of such Senior DebtIndebtedness. All provisions of this Article X shall be subject to Section 10.12.

Appears in 1 contract

Samples: Indenture (21st Century Telecom Group Inc)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities is and the payment of principal thereof and interest thereon are subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness. Money and securities held in trust pursuant to Article Four are not subject to the subordination provisions of this Article Thirteen.

Appears in 1 contract

Samples: Trust Indenture (Great Atlantic & Pacific Tea Co Inc)

Agreement to Subordinate. The Company agrees, and each Holder of Securities by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Indenture (Cd Radio Inc)

Agreement to Subordinate. The Company Partnership agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (Gables Realty Limited Partnership)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness Indebtedness, interest and other obligations of any kind evidenced by the Securities is and this Indenture are subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 12, to the prior payment in full in cash or cash equivalents of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Indenture (Osi Pharmaceuticals Inc)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of 69 83 payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (Del Webb Corp)

Agreement to Subordinate. The Company agrees, and each Holder ------------------------ by accepting a Security agrees, that the indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 12, to the prior payment in full of all Senior Debt Indebtedness, and that the subordination is for the benefit of of, and shall be enforceable directly by, the holders of Senior DebtIndebtedness, without any act or notice of acceptance hereof or reliance hereon.

Appears in 1 contract

Samples: Subordinated Indenture (Acterna Corp)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 13, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (Concentric Network Corp)

Agreement to Subordinate. The Company agrees, and each Holder of Securities by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Indenture (Petsmart Inc)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt Indebtedness and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Indenture (Pioneer Financial Services Inc /De)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle XIV, to the prior payment in full of all Senior Debt Indebtedness (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior DebtIndebtedness.

Appears in 1 contract

Samples: Indenture (KCS Medallion Resources Inc)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt Debt, and that the subordination is for the benefit of the holders of Senior Debt. The Trustee's fees, expenses and indemnity payments, as provided for in Section 5.07 hereof, are not to be subordinated under this Section 11.01.

Appears in 1 contract

Samples: Indenture (Clark Usa Inc /De/)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 10, to the prior payment in full of all "Senior Debt Debt" (as defined below) and that the subordination is for the benefit of the holders of Senior Debt. The Indebtedness evidenced by the Security shall be pari passu with the Series D Subordinated Debentures and the Series E Subordinated Debentures.

Appears in 1 contract

Samples: Indenture (Vegeterian Times Inc)

Agreement to Subordinate. The Company agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 10, to the prior payment in full in cash of all Senior Debt Debt, and that the subordination is for the benefit of and enforceable by the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (Viskase Companies Inc)

Agreement to Subordinate. The Company agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness Indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 11, to the prior payment in full in cash of all Obligations with respect to Senior Debt Indebtedness of the Company and that the subordination is for the benefit of and enforceable by the holders of such Senior DebtIndebtedness. All provisions of this Article 11 shall be subject to Section 11.12.

Appears in 1 contract

Samples: Indenture (Skyworks Solutions Inc)

Agreement to Subordinate. The Company agrees, and each Holder holder of Securities by accepting a Security agrees, that the indebtedness evidenced by the Securities Security is subordinated in right of payment, to the extent and in the manner provided in this ArticleArticle 9, to the prior payment in full in cash or other consideration satisfactory to holders of Senior Debt of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

Agreement to Subordinate. The Company Corporation agrees, and each Holder Securityholder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all the Senior Debt Discount Notes, and that the subordination is for the benefit of the holders of the Senior DebtDiscount Notes.

Appears in 1 contract

Samples: Exchange Agreement (Ampex Corp /De/)

Agreement to Subordinate. The Company Trust agrees, and each Holder by accepting a Security agrees, that the indebtedness evidenced by the Securities is subordinated in right of payment, to the extent and in the manner provided in this Article, to the prior payment in full of all Senior Debt and that the subordination is for the benefit of the holders of Senior Debt.

Appears in 1 contract

Samples: Indenture (Washington Real Estate Investment Trust)

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