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 his acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article Fourteen, the Indebtedness represented by the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article to the prior payment in full in cash of all amounts payable under all existing and future Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement). This Article Fourteen shall constitute a continuing offer to all persons who, in reliance upon such provisions, become holders of, or continue to hold Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement); and such provisions are made for the benefit of the holders of Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement); and such holders are made obligees hereunder and they or each of them individually or through their representative may enforce such provisions.

Notes Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a NoteNotes, by his its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article Fourteen11, the Indebtedness Debt represented by the Notes and the payment of the principal or Accreted Value of, as the case may be, premium, if any, interest on, and Special Interest, if any, on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Debt, in any other manner, of all amounts payable under all existing and future Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement)Debt. This Article Fourteen 11 shall constitute a continuing offer to all persons Persons who, in reliance upon such provisions, become holders of, of or continue to hold Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement)Debt; and such provisions are made for the benefit of the holders of Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement)Debt; and such holders are made obligees hereunder and they or each of them individually or through their representative may enforce such provisions.

Notes Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a NoteNotes, by his its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article Fourteen11, the Indebtedness Debt represented by the Notes and the payment of the principal of, premium, if any, interest on, and Special Interest, if any, on the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 11 to the prior payment in full in cash or Cash Equivalents or, as acceptable to the holders of Senior Debt, in any other manner, of all amounts payable under all existing and future Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement)Debt. This Article Fourteen 11 shall constitute a continuing offer to all persons Persons who, in reliance upon such provisions, become holders of, of or continue to hold Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement)Debt; and such provisions are made for the benefit of the holders of Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement)Debt; and such holders are made obligees hereunder and they or each of them individually or through their representative may enforce such provisions.

Notes Subordinate to Senior Debt. The Company covenants and agrees, and each Holder of a NoteNotes, by his its acceptance thereof, likewise covenants and agrees, that, to the extent and in the manner hereinafter set forth in this Article Fourteen10, the Indebtedness represented by the Notes and the payment of the principal of, premium, if any, and interest on, and Liquidated Damages with respect to, the Notes are hereby expressly made subordinate and subject in right of payment as provided in this Article 10 to the prior payment in full in cash of all amounts payable under all existing and future Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement)Debt. This Article Fourteen 10 shall constitute a continuing offer to all persons Persons who, in reliance upon such provisions, become holders of, of or continue to hold Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement)Debt; and such provisions are made for the benefit of the holders of Senior Debt (including the indebtedness under the Amended and Restated Credit Agreement)Debt; and such holders are made obligees hereunder and they or each of them individually or through their representative may enforce such provisions. The Notes are hereby expressly made subordinate in right of payment to Senior Indebtedness (as defined in the 9 7/8% Notes Indenture and the 8 5/8% Notes Indenture) at least to the same extent as the 9 7/8% Notes and the 8 5/8% Notes are subordinate to Senior Indebtedness.