Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of a Note, by his acceptance thereof, likewise covenants and agrees, for the benefit of the holders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this Article, the Indebtedness represented by the Notes and the payment of the principal of (and premium, if any) and interest on each and all of the Notes and all other Subordinated Note Obligations are hereby expressly made subordinate and subject in right of payment as provided in this Article to the prior payment in full in cash equivalents of all Senior Indebtedness, whether outstanding on the date of this Indenture or thereafter incurred.
Appears in 4 contracts
Samples: Indenture (Alliance Imaging Inc /De/), Indenture (NXS I LLC), Indenture (Amphenol Corp /De/)
Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of a Note, by his acceptance thereof, likewise covenants and agrees, for the benefit of the holders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this Article, the Indebtedness represented by the Notes and the payment of the principal of (and premium, if any) and interest on each and all of the Notes and all other Subordinated Note Obligations are hereby expressly made subordinate and subject in right of payment as provided in this Article to the prior payment in full in cash or cash equivalents of all Senior Indebtedness, whether outstanding on the date of this Indenture Issuance Date or thereafter incurred, created, assumed or, except as set forth in Section 1014, guaranteed.
Appears in 2 contracts
Samples: Indenture (Kindercare Learning Centers Inc /De), Indenture (KCLC Acquisition Corp)
Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder holder of a Note, by his its acceptance thereof, likewise covenants and agrees, for the benefit of the holders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this Article, the Indebtedness represented by the Notes and the payment of the principal of (and premium, if any) and interest on each and all of the Notes and all other Subordinated Note Obligations are hereby expressly made subordinate and subject in right of payment as provided in this Article to the prior payment in full in cash or cash equivalents of all Senior Indebtedness, whether outstanding on the date of this Indenture or thereafter incurred.
Appears in 2 contracts
Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of a NoteHolder, by his acceptance thereof, likewise covenants and agrees, for the benefit of the holders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this Article, the Indebtedness represented by the Notes and the payment of the principal of (and premium, if any) and interest on each and all of the Notes and all other Subordinated Note Obligations are hereby expressly made subordinate and subject in right of payment as provided in this Article to the prior payment in full in cash equivalents of all Senior Indebtedness, whether outstanding on the date of this Indenture Issuance Date or thereafter incurred, created, assumed or, except as limited by Section 1014, guaranteed.
Appears in 1 contract
Samples: Indenture (Accuride Corp)
Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of a Note, by his or her acceptance thereof, likewise covenants and agrees, for the benefit of the holders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this Article, the Indebtedness indebtedness represented by the Notes and the payment of the principal of (and premium, if any) and interest on each and all of the Notes and all other Subordinated Note Obligations are hereby expressly made subordinate and subject in right of payment as provided in this Article to the prior payment in full in cash equivalents or Cash Equivalents of all Senior Indebtedness; provided, whether outstanding however, that the Notes, the indebtedness represented thereby and the payment of the principal of (and premium, if any) and interest on the date Notes, in all respects shall rank equally with, or prior to, all existing and future Indebtedness of this Indenture or thereafter incurredthe Company that is expressly subordinated to any Senior Indebtedness.
Appears in 1 contract
Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of a NoteHolder, by his acceptance thereof, likewise covenants and agrees, for the benefit of the holders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this Article, the Indebtedness represented by the Notes and the payment of the principal of (and premium, if any) and interest on each and all of the Notes and all other Subordinated Note Obligations are hereby expressly made subordinate and subject in right of payment as provided in this Article to the prior payment in full in cash or cash equivalents of all Senior Indebtedness, whether outstanding on the date of this Indenture Issuance Date or thereafter incurred, created, assumed or, except as limited by Section 1014, guaranteed.
Appears in 1 contract
Samples: Indenture (Accuride Corp)
Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of a NoteHolder, by his acceptance thereof, likewise covenants and agrees, for the benefit of the holders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this Article, the Indebtedness represented by the Notes and the payment of the principal of (and premium, if any) 108 and interest on each and all of the Notes and all other Subordinated Note Obligations are hereby expressly made subordinate and subject in right of payment as provided in this Article to the prior payment in full in cash or cash equivalents of all Senior Indebtedness, whether outstanding on the date of this Indenture Issuance Date or thereafter incurred, created, assumed or, except as limited by Section 1014, guaranteed.
Appears in 1 contract
Notes Subordinate to Senior Indebtedness. The Company ----------------------------------------- covenants and agrees, and each Holder of a Note, by his acceptance thereof, likewise covenants and agrees, for the benefit of the holders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this ArticleArticle (subject to the provisions of Article IV and Article XII and Section 11.01), the Indebtedness represented by the Notes and the payment of the principal of (and premium, if any) and interest on each the Notes and all any other Obligations in respect of the Notes and all other Subordinated Note Obligations (including any obligation to repurchase 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 equivalents or Cash Equivalents of all Senior Indebtedness, whether outstanding on Indebtedness of the date of this Indenture or thereafter incurredCompany.
Appears in 1 contract
Samples: Indenture (Afc Enterprises Inc)
Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of a Note, by his acceptance thereof, likewise covenants and agrees, for the benefit of the holders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this Article, the Indebtedness represented by the Notes and the payment of the principal of (and premium, if any) and interest on each and all of the Notes and all other Subordinated Note Obligations are hereby expressly made subordinate and subject in right of payment as provided in this Article to the prior payment in full in cash equivalents or Cash Equivalents of all Senior Indebtedness, whether outstanding on the date of this Indenture Issue Date or thereafter incurredIncurred, created, assumed or, Guaranteed. The Notes will in all respects rank pari passu with all Senior Subordinated Indebtedness of the Company.
Appears in 1 contract
Samples: Indenture (Details Inc)
Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of a Note, by his acceptance thereof, likewise covenants and agrees, for the benefit of the holders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this Article, the Indebtedness represented by the Notes and the payment of the principal of (and premium, if any) and interest on each and all of the Notes and all other Subordinated Note Obligations are hereby expressly made subordinate and subject in right of payment as provided in this Article to the prior payment in full in cash equivalents or Cash Equivalents of all Senior Indebtedness, whether outstanding on the date of this Indenture Issue Date or thereafter incurred, created, assumed or, except as set forth in Section 1014, guaranteed. The Notes will in all respects rank pari passu with all other Senior Subordinated Indebtedness of the Company.
Appears in 1 contract
Samples: Indenture (Colortyme Inc)
Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder of a Note, by his acceptance thereof, likewise covenants and agrees, for the benefit of the holders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this Article, the Indebtedness represented by the Notes and the payment of the principal of (and premium, if any) and interest on each and all of the Notes and all other Subordinated Note Obligations are hereby expressly made subordinate and subject in right of payment as provided in this Article to the prior payment in full in cash or cash equivalents of all Senior Indebtedness, whether outstanding on the date of this Indenture Issuance Date or thereafter incurred, created, assumed or, except as set forth in Section 1014, guaranteed.
Appears in 1 contract
Samples: Indenture (E&s Holdings Corp)