Common use of Nonimpairment Clause in Contracts

Nonimpairment. Nothing contained in this Note is intended to or shall impair, as between the Company, the Company's creditors other than the holders of Senior Debt of the Company, and Holder, the obligation of the Company, which is absolute and unconditional, to pay to Holder the principal of and interest on this Note, as and when the same shall become due and payable in accordance with its terms, and which, subject to the rights under Article X of the Indenture of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company. In addition, nothing contained in this Note is intended to or shall affect the relative rights of Holder and creditors of the Company other than the holders of Senior Debt of the Company, nor shall anything herein or therein prevent the Holder of this Note from exercising all remedies otherwise permitted by the Indenture and applicable law upon the occurrence of an Event of Default, subject to the rights, if any, under Article X of the Indenture of the holders of Senior Debt of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 4 contracts

Samples: Subordinated Investment Note (American Business Financial Services Inc /De/), Subordinated Investment Note (American Business Financial Services Inc /De/), Subordinated Investment Note (American Business Financial Services Inc /De/)

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Nonimpairment. Nothing contained in this Note is in intended to or shall impair, as between the Company, the Company's creditors other than the holders of Senior Debt of the Company, and Holder, the obligation of the Company, which is absolute and unconditional, to pay to Holder the principal of and interest on this Note, as and when the same shall become due and payable in accordance with its terms, and which, subject to the rights under Article X 10 of the Indenture of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company. In addition, nothing contained in this Note is intended to or shall affect the relative rights of Holder and creditors of the Company other than the holders of Senior Debt of the Company, nor shall anything herein or therein prevent the Holder of this Note from exercising all remedies otherwise permitted by the Indenture and applicable law upon the occurrence of an Event of Default, subject to the rights, rights if any, under Article X 10 of the Indenture of the holders of Senior Debt of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 4 contracts

Samples: Unsecured Subordinated Investment Note (Riverbank Factors Inc), Subordinated Investment Note (Riverbank Factors Inc), Subordinated Investment Note (Riverbank Factors Inc)

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Nonimpairment. Nothing contained in this Note is intended to or shall impair, as between the Company, the Company's creditors other than the holders of Senior Debt of the Company, and Holder, the obligation of the Company, which is absolute and unconditional, to pay to Holder the principal of and interest on this Note, as and when the same shall become due and payable in accordance with its terms, and which, subject to the rights under Article X 10 of the Indenture of the holders of Senior Debt of the Company, is intended to rank equally with all other general obligations of the Company. In addition, nothing contained in this Note is intended to or shall affect the relative rights of Holder and creditors of the Company other than the holders of Senior Debt of the Company, nor shall anything herein or therein prevent the Holder of this Note from exercising all remedies otherwise permitted by the Indenture and applicable law upon the occurrence of an Event of Default, subject to the rights, if any, under Article X 10 of the Indenture of the holders of Senior Debt of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy.

Appears in 3 contracts

Samples: Subordinated Note (Vestin Group Inc), Subordinated Note (Vestin Group Inc), Subordinated Note (Vestin Group Inc)

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