Common use of Notes Subordinate to Senior Debt Clause in Contracts

Notes Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a Note, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article Eleven, the Indebtedness represented by the Notes and the payment of the Principal of and interest on each and all of the Notes and any Change of Control Payment are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt.

Appears in 1 contract

Samples: Indenture (Cincinnati Bell Inc /Oh/)

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Notes Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a Note, by its his acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article Eleven(subject to the provisions of Article Four and Article Thirteen), the Indebtedness represented by the Notes and the payment of the Principal principal of (and premium, if any) and interest on each and all of the Notes (and any Change of Control Payment liquidated damages under the Exchange and Registration Rights Agreement ("Additional Amounts")) are hereby expressly made subordinate and subject in right of payment to the prior payment in full in cash of all Senior DebtDebt of the Company.

Appears in 1 contract

Samples: Phillips Van Heusen Corp /De/

Notes Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a Note, by its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article ElevenArticle, the Indebtedness indebtedness represented by the Notes and the payment of the Principal principal, Accreted Value of (and premium, if any) and interest on each and all of the Notes and any payment of the Mandatory Redemption Price or Change of Control Payment are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt.

Appears in 1 contract

Samples: Investment Agreement (Cincinnati Bell Inc /Oh/)

Notes Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a Note, by its his acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article Eleven(subject to the provisions of Article Four and Article Xxxxxxxx), the Indebtedness represented by the Notes and the payment of the Principal principal of (and premium, if any) and interest on each and all of the Notes and any Change of Control Payment are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior DebtDebt of the Company.

Appears in 1 contract

Samples: Indenture (Loews Cineplex Entertainment Corp)

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Notes Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a NoteHolder, by its his acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article ElevenArticle, the Indebtedness indebtedness represented by the Notes and the payment of the Principal principal of and interest on (including Additional Interest, if any), each and all of the Notes, whether a Holder holds such Notes and any Change of Control Payment upon original issue or upon transfer, assignment or exchange thereof, are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Debt.

Appears in 1 contract

Samples: Indenture (Healthsouth Corp)

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