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 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.

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.

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.

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.

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.

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.

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.

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.

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.

Notes Subordinate to Senior Indebtedness. The Company Each Obligor hereby covenants and agrees, and each Holder the Investors by their acceptance of a Note, by his acceptance thereofthe Notes, likewise covenants covenant and agreesagree, 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 IX, the Indebtedness represented by the Notes and Notes, the payment of the principal of (and premium, if any) and interest on each and all of the Notes and any other Obligations of such Obligor under any of the Note Documents (collectively all other such amounts being hereinafter referred to as the "Subordinated Note Obligations 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 incurredIndebtedness as set forth below.

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.

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.