Common use of Holder to be Subrogated to Right of Holders of Senior Indebtedness Clause in Contracts

Holder to be Subrogated to Right of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness, the Holder shall be subrogated to the rights of the holders of Senior Indebtedness to receive payments or distributions of assets of the Company applicable to the Senior Indebtedness until all amounts owing on this Note shall be paid in full, and, for the purpose of such subrogation, no payments or distributions to the holders of the Senior Indebtedness by or on behalf of the Company or by or on behalf of the Holder by virtue of this Section 9 which otherwise would have been made to the holders of this Note shall, as between the Company and the Holder, be deemed to be payment by the Company to or on account of the Senior Indebtedness, it being understood that the provisions of this Section 9 are, and are intended solely, for the purpose of defining the relative rights of the Holder of this Note, on the one hand, and the holders of the Senior Indebtedness, on the other hand.

Appears in 3 contracts

Samples: SolarMax Technology, Inc., SolarMax Technology, Inc., SolarMax Technology, Inc.

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Holder to be Subrogated to Right of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness, the Holder holder of this Note shall be subrogated to the rights of the holders of Senior Indebtedness to receive payments or distributions of assets of the Company applicable to the Senior Indebtedness until all amounts owing on this Note shall be paid in full, and, and for the purpose of such subrogation, subrogation no payments or distributions to the holders of the Senior Indebtedness by or on behalf of the Company or by or on behalf of the Holder by virtue holders of this Section 9 Note which otherwise would have been made to the holders of this Note holder shall, as between the Company and the Holderholder, be deemed to be payment by the Company to or on account of the Senior Indebtedness, it being understood that the provisions of this Section 9 are, Note are and are intended solely, solely for the purpose of defining the relative rights of the Holder of this Noteholder, on the one hand, and the holders of the Senior Indebtedness, Indebtedness on the other hand.

Appears in 2 contracts

Samples: Medtox Scientific Inc, Medtox Scientific Inc

Holder to be Subrogated to Right of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness, the Holder shall be subrogated to the rights of the holders of Senior Indebtedness to receive payments or distributions of assets of the Company applicable to the Senior Indebtedness until all amounts owing on this Note shall be paid in full, and, for the purpose of such subrogation, no payments or distributions to the holders of the Senior Indebtedness by or on behalf of the Company or by or on behalf of the Holder by virtue of this Section 9 Article 3 which otherwise would have been made to the holders of this Note shall, as between the Company and the Holder, be deemed to be payment by the Company to or on account of the Senior Indebtedness, it being understood that the provisions of this Section 9 Article 3 are, and are intended solely, for the purpose of defining the relative rights of the Holder of this NoteHolder, on the one hand, and the holders of the Senior Indebtedness, on the other hand.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Photomedex Inc), Assignment and Assumption Agreement (First Capital Real Estate Trust Inc)

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Holder to be Subrogated to Right of Holders of Senior Indebtedness. Subject to the payment in full of all Senior Indebtedness, the Holder shall be subrogated subrogated, pro rata, to the rights of the holders of Senior Indebtedness to receive payments or distributions of assets of the Company applicable to the Senior Indebtedness until all amounts owing on this Note the Notes shall be paid in full, and, for the purpose of such subrogation, no payments or distributions to the holders of the Senior Indebtedness by or on behalf of the Company or by or on behalf of the Holder holder of this Notes by virtue of this Section 9 Article 4 which otherwise would have been made to the holders holder of this Note Notes shall, as between the Company and the Holderholder of this Note, be deemed to be payment by the Company to or on account of the Senior Indebtedness, it being understood that the provisions of this Section 9 Article 4 are, and are intended solely, for the purpose of defining the relative rights of the Holder holders of this Notethe Notes, on the one hand, and the holders of the Senior Indebtedness, on the other hand.

Appears in 1 contract

Samples: On Point Technology Systems Inc

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