Common use of Notes Subordinate to Senior Indebtedness Clause in Contracts

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Purchaser of a Note, by 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 Section, 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 are hereby expressly made subordinate and subject in right of payment as provided in this Section to the prior payment in full in cash or cash equivalents or in any other form acceptable to each holder of Senior Indebtedness, of all Senior Indebtedness; provided, however, that the Notes, the Indebtedness represented thereby and the payment of the principal of (and premium, if any) and interest on the Notes in all respects shall rank equally with, or prior to, all existing and future senior subordinated indebtedness (including, without limitation, Indebtedness) of the Company that is subordinated to Senior Indebtedness.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Purchaser of a NoteHolder, by 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 SectionArticle Fourteen, the Indebtedness indebtedness represented by the Notes and the payment (by set-off or otherwise) of the principal of (and of, premium, if any) , interest and interest Liquidated Damages, if any, on each and all the Notes (including with respect to any repurchases of the Notes are hereby expressly made subordinate and subject Notes) will be subordinated in right of payment as provided in this Section to the prior payment in full in cash cash, or cash equivalents or in any other form acceptable to each holder at the option of the holders of Senior Indebtedness, in Temporary Cash Investments, of all Obligations in respect of Senior Indebtedness, whether outstanding on the date of this Indenture or thereafter incurred; providedPROVIDED, howeverHOWEVER, that the Notes, the Indebtedness indebtedness represented thereby and the payment of the principal of (and premium, if any) and ), interest on and Liquidated Damages, if any, on the Notes Notes, in all respects shall rank equally with, or prior to, all existing and future senior subordinated indebtedness (including, without limitation, Indebtedness) Indebtedness of the Company that is expressly subordinated to any Senior Indebtedness.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Purchaser of a NoteHolder, by 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 SectionArticle Fourteen, the Indebtedness indebtedness represented by the Notes and the payment (by set-off or otherwise) of the principal of (and of, premium, if any) , interest and interest Additional Interest, if any, on each and all the Notes (including with respect to any repurchases of the Notes are hereby expressly made subordinate and subject Notes) will be subordinated in right of payment as provided in this Section to the prior payment in full in cash cash, or cash equivalents or in any other form acceptable to each holder at the option of the holders of Senior Indebtedness, in Temporary Cash Investments, of all Obligations in respect of Senior Indebtedness, whether outstanding on the date of this Indenture or thereafter incurred; provided, however, that the Notes, the Indebtedness indebtedness represented thereby and the payment of the principal of (and premium, if any) and ), interest on and Additional Interest, if any, on the Notes Notes, in all respects shall rank equally with, or prior to, all existing and future senior subordinated indebtedness (including, without limitation, Indebtedness) Indebtedness of the Company that is expressly subordinated to any Senior Indebtedness.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Purchaser Holder of a Note, by its acceptance thereof, likewise covenants and agrees, for the benefit of the holdersHolders, from time to time, of Senior Indebtedness that, to the extent and in the manner hereinafter set forth in this SectionArticle, 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 are hereby expressly made subordinate and subject in right of payment as provided in this Section Article to the prior payment in full in cash or cash equivalents Cash Equivalents (or in any other form acceptable to each holder the holders of Senior Indebtedness, ) of all Senior Indebtedness; provided, however, that the Notes, the Indebtedness represented thereby and the payment of the principal of (and premium, if any) and interest on the Notes in all respects shall rank equally with, or prior to, all existing and future senior subordinated indebtedness (including, without limitation, Indebtedness) of the Company that is subordinated to Senior Indebtedness; provided further that the Notes shall rank senior in right of payment to the Convertible Notes.

Notes Subordinate to Senior Indebtedness. The Company covenants and agreesGuarantors covenant and agree, and each Purchaser of Holder accepting a Note, by 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 SectionArticle 10, the Indebtedness indebtedness represented by the Notes and the Guarantees and the payment (by set-off or otherwise) of the principal of (and of, premium, if any) , interest and interest Additional Interest, if any, on each and all the Notes (including with respect to any repurchases of the Notes are hereby expressly made subordinate and subject Notes) will be subordinated in right of payment as provided in this Section to the prior payment in full in cash or cash equivalents or in any other form acceptable to each holder or, at the option of the holders of Senior Indebtedness, in Temporary Cash Investments, of all Obligations in respect of Senior Indebtedness, whether outstanding on the date of this Indenture or thereafter incurred; provided, however, that the NotesNotes and Guarantees, the Indebtedness indebtedness represented thereby and the payment of the principal of (and premium, if any) and ), interest on and Additional Interest, if any, on the Notes Notes, in all respects shall rank equally with, or prior to, all existing and future senior subordinated indebtedness (including, without limitation, Indebtedness) Indebtedness of the Company and the Guarantors that is expressly subordinated to any Senior Indebtedness.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Purchaser Holder of a Note, by 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 SectionArticle, 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 are hereby expressly made subordinate and subject in right of payment as provided in this Section Article to the prior payment in full in cash or cash equivalents or in any other form acceptable to each holder of Senior Indebtedness, of all Senior Indebtedness; provided, however, that the Notes, the Indebtedness represented thereby and the payment of the principal of (and premium, if any) and interest on the Notes in all respects shall rank equally with, or prior to, all existing and future senior subordinated indebtedness (including, without limitation, Indebtedness) of the Company that is subordinated to Senior Indebtedness.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Purchaser of a NoteHolder, by 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 SectionArticle 10, the Indebtedness indebtedness represented by the Notes and the payment (by set-off or otherwise) of the principal of (and of, premium, if any) , and interest on each and all the Notes (including with respect to any repurchases of the Notes are hereby expressly made subordinate and subject Notes) will be subordinated in right of payment as provided in this Section to the prior payment in full in cash cash, or cash equivalents or in any other form acceptable to each holder at the option of the holders of Senior Indebtedness, in Temporary Cash Investments, of all Obligations in respect of Senior Indebtedness, whether outstanding on the date of this Indenture or thereafter incurred; provided, however, that the Notes, the Indebtedness indebtedness represented thereby and the payment of the principal of (and premium, if any) ), and interest on the Notes Notes, in all respects shall rank equally with, or prior to, all existing and future senior subordinated indebtedness (including, without limitation, Indebtedness) Indebtedness of the Company that is expressly subordinated to any Senior Indebtedness.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Purchaser Holder of a Note, by 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 SectionArticle, 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 are hereby expressly made subordinate and subject in right of payment as provided in this Section Article to the prior payment in full in cash or cash equivalents or in any other form acceptable to each holder of Senior Indebtedness, of all Senior Indebtedness; providedPROVIDED, howeverHOWEVER, that the Notes, the Indebtedness represented thereby and the payment of the principal of (and premium, if any) and interest on the Notes in all respects shall rank equally with, or prior to, all existing and future senior subordinated indebtedness (including, without limitation, Indebtedness) of the Company that is subordinated to Senior Indebtedness.