Common use of Notes Subordinate to Senior Indebtedness Clause in Contracts

Notes Subordinate to Senior Indebtedness. 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 Section 14, the payment of all Obligations under the Notes (the "Subordinated Obligations") are hereby expressly made subordinate and subject in right of payment to the prior payment in full in cash or Cash Equivalents of all Senior Indebtedness of the Company, whether on the date of this Agreement or hereafter Incurred. The provisions of this Section 14 shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Senior Indebtedness is rescinded or must otherwise be returned by a holder of Senior Indebtedness upon any Proceeding or otherwise, all as though such payment had not been made.

Appears in 2 contracts

Samples: Purchase Agreement (Pca International Inc), Purchase Agreement (Pca International Inc)

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Notes Subordinate to Senior Indebtedness. 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 Section 14ARTICLE 11, the payment of all Obligations under the Notes (the "Subordinated ObligationsSUBORDINATED OBLIGATIONS") are hereby expressly made subordinate and subject in right of payment to the prior payment in full in cash or Cash Equivalents of all Senior Indebtedness of the Company, whether on the date of this Agreement or hereafter Incurred. The provisions of this Section 14 ARTICLE 11 shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Senior Indebtedness is rescinded or must otherwise be returned by a holder of Senior Indebtedness upon any Proceeding or otherwise, all as though such payment had not been made.

Appears in 1 contract

Samples: Indenture (Veterinary Centers of America Inc)

Notes Subordinate to Senior Indebtedness. 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 Section 1413, the payment of the principal of (and premium, if any) and interest on each and all Obligations under of the Notes (the "Subordinated Obligations") are hereby expressly made subordinate and subject in right of payment to the prior payment in full in cash or Cash Equivalents of all Senior Indebtedness of the Company, whether on the date of this Agreement or hereafter Incurred. The provisions of this Section 14 13 shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Senior Indebtedness is rescinded or must otherwise be returned by a holder of Senior Indebtedness upon any Proceeding or otherwise, all as though such payment had not been made.

Appears in 1 contract

Samples: Purchase Agreement (Ruths Chris Steak House, Inc.)

Notes Subordinate to Senior Indebtedness. 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 Section 1413, the payment of the principal of (and premium, if any) and interest and any Special Interest on each and all Obligations under of the Notes (the "Subordinated Obligations") are hereby expressly made subordinate and subject in right of payment to the prior payment in full in cash or Cash Equivalents of all Senior Indebtedness of the Company, whether on the date of this Agreement or hereafter Incurred. The provisions of this Section 14 13 shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Senior Indebtedness is rescinded or must otherwise be returned by a holder of Senior Indebtedness upon any Proceeding or otherwise, all as though such payment had not been made.

Appears in 1 contract

Samples: Exchange Agreement (Check Mart of New Mexico Inc)

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Notes Subordinate to Senior Indebtedness. 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 Section 1413, the payment of the principal of (and premium, if any) and interest and any Special Interest on each and all Obligations under of the Notes (the "Subordinated Obligations") are hereby expressly made subordinate and subject in right of payment to the prior payment in full in cash or Cash Equivalents of all Senior Indebtedness of the Company, whether on the date of this Agreement or hereafter Incurred. The provisions of this Section 14 13 shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Senior Indebtedness is rescinded or must otherwise be returned by a holder of Senior Indebtedness upon any Proceeding or otherwise, all as though such payment had not been made.

Appears in 1 contract

Samples: Purchase Agreement (Dollar Financial Group Inc)

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