Common use of Debentures Subordinated to Senior Indebtedness Clause in Contracts

Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof or any other provision herein or in any Debenture, the Company and the Trustee and, by their acceptance thereof, the Holders of the Debentures (a) covenants and agrees that all payments by the Company of the principal of and premium, if any, and interest on the Debentures (other than Debentures which have been discharged pursuant to Article 8) shall be subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 7 contracts

Samples: Indenture (Pseg Power Capital Trust V), Indenture (SJG Capital Trust), Indenture (Public Service Enterprise Group Inc)

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Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof 6.11 or any other provision herein or in any Debenture, the Company and the Trustee and, by their acceptance thereof, the Holders of the Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the Debentures (other than Debentures which have been discharged pursuant to Article 8) shall be subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10. Nothing herein or in any Debenture is intended to or shall limit the amount of Senior Indebtedness the Company may incur.

Appears in 5 contracts

Samples: Indenture (Hercules Inc), Indenture (New York Community Bancorp Inc), Indenture (New York Community Capital Trust I)

Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof or any other provision herein or in any Debenture, each of the Company and the Trustee and, by their acceptance thereof, the Holders of the each series of Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the such series of Debentures (other than any series of Debentures which have been paid, satisfied and discharged pursuant to Article 8) shall be junior and subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 5 contracts

Samples: Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Maui Electric Co LTD), Junior Indenture (Hawaiian Electric Co Inc)

Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof or any other provision herein or in any Debenture, each of the Company and the Trustee and, by their acceptance thereof, the Holders of the each series of Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the Debentures (other than any series of Debentures which have been discharged pursuant to Article 8) 8 hereof) shall be junior and subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 4 contracts

Samples: Junior Indenture (Heco Capital Trust I), Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Heco Capital Trust Ii)

Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof or any other provision herein or in any Debenture, each of the Company and the Trustee and, by their acceptance thereof, the Holders of the each series of Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the such series of Debentures (other than any series of Debentures which have been discharged pursuant to Article 8) shall be junior and subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 4 contracts

Samples: Junior Indenture (Heco Capital Trust Ii), Junior Indenture (Heco Capital Trust I), Junior Indenture (Hawaiian Electric Co Inc)

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Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof 6.11 or any other provision herein or in any Debenture, the Company and the Trustee and, by their acceptance thereof, the Holders of the Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the Debentures (other than Debentures which have been discharged pursuant to Article 8) shall be subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 1 contract

Samples: Indenture (Hercules Inc)

Debentures Subordinated to Senior Indebtedness. Notwithstanding the provisions of Section 6.10 hereof or any other provision herein or in any Debenture, each of the Company and the Trustee and, by their acceptance thereof, the Holders of the each series of Debentures (a) covenants covenant and agrees agree that all payments by the Company of the principal of and premium, if any, and interest on the such series of Debentures (other than any series of Debentures which have been discharged pursuant to Article 8) 8 hereof) shall be junior and subordinated in accordance with the provisions of this Article 10 to the prior payment in full, in cash or cash equivalents, of all amounts payable on, under or in connection with Senior Indebtedness, and (b) acknowledges acknowledge that holders of Senior Indebtedness are or shall be relying on this Article 10.

Appears in 1 contract

Samples: Junior Indenture (Hawaiian Electric Co Inc)

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