Common use of Applicability of Article; Agreement to Subordinate Clause in Contracts

Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE XII shall only be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this ARTICLE XII as “Subordinated Debt Securities”) designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any related Guarantee of such Subordinated Debt Securities. Each Holder by accepting a Subordinated Debt Security agrees that the Debt evidenced by such Subordinated Debt Security and any related Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE XII, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE XII shall be subject to Section 2.12.

Appears in 3 contracts

Samples: Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust)

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Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE XII Article Eleven shall only be applicable only to the Debt Securities Securities, and any related Guarantee of such Securities, of any series (Debt Securities of such series referred to in this ARTICLE XII as “Subordinated Debt Securities”) designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any related Guarantee pursuant to this Article Eleven (the Securities of such series being referred to herein as the “Subordinated Debt Securities”). Each Holder by accepting a Subordinated Debt Security agrees that the Debt Indebtedness evidenced by such Subordinated Debt Security and any the related Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE XIIArticle Eleven, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE XII Article Eleven shall be subject to Section 2.12.11.12

Appears in 3 contracts

Samples: Chesapeake Energy Corp, Chesapeake Energy Marketing Inc, Mc Louisiana Minerals LLC

Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE XII Article Ten shall only be applicable only to the Debt Securities Securities, and any related Guarantee of such Securities, of any series (Debt Securities of such series referred to in this ARTICLE XII as “Subordinated Debt Securities”) designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any related Guarantee pursuant to this Article Ten (the Securities of such series being referred to herein as the “Subordinated Debt Securities”). Each Holder by accepting a Subordinated Debt Security agrees that the Debt Indebtedness evidenced by such Subordinated Debt Security and any the related Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE XIIArticle Ten, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE XII Article Ten shall be subject to Section 2.12.10.12

Appears in 3 contracts

Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Zion Oil & Gas Inc

Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE XII Article 11 shall only be applicable only to the Debt Securities Securities, and any related Subsidiary Guarantee of such Securities, of any series (Debt Securities of such series referred to in this ARTICLE XII as “Subordinated Debt Securities”) designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any related Guarantee pursuant to this Article 11 (the Securities of such series being referred to herein as the “Subordinated Debt Securities”). Each Holder by accepting a Subordinated Debt Security agrees that the Debt Indebtedness evidenced by such Subordinated Debt Security and any the related Subsidiary Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE XIIArticle 11, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE XII Article 11 shall be subject to Section 2.1211.12.

Appears in 3 contracts

Samples: Indenture (Chesapeake MLP Operating LLC), Access Midstream Partners Lp, Access Permian Midstream LLC

Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE Article XII shall only be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this ARTICLE Article XII as Subordinated Debt SecuritiesSecurities ”) designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any related Guarantee of such Subordinated Debt Securities. Each Holder by accepting a Subordinated Debt Security agrees that the Debt evidenced by such Subordinated Debt Security and any related Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE Article XII, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE Article XII shall be subject to Section 2.1212.12.

Appears in 2 contracts

Samples: Holly Energy Finance Corp., SLC Pipeline LLC

Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE Article XII shall only be applicable to the Debt Securities of any series (Debt Securities of such series being referred to in this ARTICLE XII Indenture as "Subordinated Debt Securities") designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any related Guarantee of such Subordinated Debt Securities. Each Holder by accepting a Subordinated Debt Security agrees that the Debt evidenced by such Subordinated Debt Security and any related Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE Article XII, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE Article XII shall be subject to Section 2.1212.12.

Appears in 1 contract

Samples: Indenture (Cloud Peak Energy Finance Corp.)

Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE Article XII shall only be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this ARTICLE Article XII as "Subordinated Debt Securities") designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any the related Guarantee of such Subordinated Debt Securities. Each Holder by accepting a Subordinated Debt Security agrees that the Debt Indebtedness evidenced by such Subordinated Debt Security and any the related Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE Article XII, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE Article XII shall be subject to Section 2.1212.12.

Appears in 1 contract

Samples: Enterprise Products Partners L P

Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE Article XII shall only be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this ARTICLE Article XII as “Subordinated Debt Securities”) designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any the related Guarantee of such Subordinated Debt Securities. Each Holder by accepting a Subordinated Debt Security agrees that the Debt Indebtedness evidenced by such Subordinated Debt Security and any the related Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE Article XII, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE Article XII shall be subject to Section 2.1212.12.

Appears in 1 contract

Samples: Supplemental Indenture (Enterprise Products Partners L P)

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Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE XII Article Ten shall only be applicable only to the Debt Securities Securities, and any related Guarantee of such Securities, of any series (Debt Securities of such series referred to in this ARTICLE XII as “Subordinated Debt Securities”) designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any related Guarantee pursuant to this Article Ten (the Securities of such series being referred to herein as the “Subordinated Debt Securities”). Each Holder by accepting a Subordinated Debt Security agrees that the Debt Indebtedness evidenced by such Subordinated Debt Security and any the related Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE XIIArticle Ten, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE XII shall Article Tenshall be subject to Section 2.12.10.12

Appears in 1 contract

Samples: Orgenesis Inc.

Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE XII Article Seventeen shall only be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this ARTICLE XII Article Seventeen as “Subordinated Debt Securities”) designated, pursuant to Section 2.032.01, as subordinated to Senior Indebtedness in accordance with their terms and any related Guarantee of such Subordinated Debt Securities(except as otherwise specified in an Officers’ Certificate or supplemental indenture) in accordance with this Article Seventeen. Each Holder by accepting a Subordinated Debt Security agrees that the Debt evidenced by such Subordinated Debt Security and any related Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE XIIArticle Seventeen (except as otherwise specified in an Officers’ Certificate or supplemental indenture), to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE XII shall be subject to Section 2.12.

Appears in 1 contract

Samples: Mercer International Inc.

Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE Article XII shall only be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this ARTICLE Article XII as “Subordinated Debt Securities”) designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any related Guarantee of such Subordinated Debt Securities. Each Holder by accepting a Subordinated Debt Security agrees that the Debt evidenced by such Subordinated Debt Security and any related Guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this ARTICLE Article XII, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE Article XII shall be subject to Section 2.12.

Appears in 1 contract

Samples: EV Energy Partners, LP

Applicability of Article; Agreement to Subordinate. The provisions of this ARTICLE XII Article 12 shall only be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this ARTICLE XII Article 12 as “Subordinated Debt Securities”"SUBORDINATED DEBT SECURITIES") designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness and any related Guarantee guarantee of such Subordinated Debt Securities. Each Holder by accepting a Subordinated Debt Security agrees that the Debt evidenced by such Subordinated Debt Security and any related Guarantee guarantee of such Subordinated Debt Security is subordinated in right of payment, to the extent and that in the manner provided in this ARTICLE XIIArticle 12, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this ARTICLE XII Article 12 shall be subject to Section 2.12.12.12. 55 Subordinated Indenture

Appears in 1 contract

Samples: Kaneb Pipe Line Operating Partnership Lp

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