Common use of Notes Subordinate to Senior Indebtedness Clause in Contracts

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder, by its 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 and the payment (by set-off or otherwise) of principal of, premium, if any, interest and Liquidated Damages, if any, on the Notes (including with respect to any repurchases of the Notes) will be subordinated in right of payment to the prior payment in full in cash, 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 Notes, the indebtedness represented thereby and the payment of the principal of (and premium, if any), interest on and Liquidated Damages, if any, on the Notes, in all respects shall rank equally with, or prior to, all existing and future Indebtedness of the Company that is expressly subordinated to any Senior Indebtedness.

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder, Holder of a Note by its acceptance thereof, thereof likewise covenants and agrees, that, that to the extent and in the manner hereinafter set forth in this Article Fourteen, (subject to Section 8.01 hereof with respect to amounts in cash or or shares of Common Stock previously held in trust) the indebtedness represented by the Notes and the payment (by set-off or otherwise) of the principal ofamount, premium, if any, plus accrued and unpaid interest and Liquidated DamagesAdditional Amounts, if any, on (including, without limitation, interest, as provided in the Notes, accruing after the filing of a petition initiating any proceeding referred to in Section 6.01(f) or 6.01(g), whether or not such interest accrues after the filing of such petition for purposes for purposes of Title 11 of the United States Code or is an allowed claim in such proceeding), any payment of the redemption or repurchase price with respect to, and all fees, expenses or other amounts payable under or in respect of, each and all of the Notes (including with respect to any repurchases of the Notes"Subordinated Debt") will be subordinated are hereby expressly made subordinate and subject in right of payment to the prior payment in full of all Senior Indebtedness in cash, cash or at the option of the other payment satisfactory to holders of Senior Indebtedness, in Temporary Cash Investments, of all Obligations in respect of Senior Indebtednesstheir sole discretion, whether outstanding on at the date of this Indenture or thereafter incurred; PROVIDED, HOWEVER, that the Notes, the indebtedness represented thereby and the payment of the principal of (and premium, if any), interest on and Liquidated Damages, if any, on the Notes, in all respects shall rank equally with, or prior to, all existing and future Indebtedness of the Company that is expressly subordinated to any Senior Indebtedness.

Notes Subordinate to Senior Indebtedness. The Company covenants and agreesGuarantors covenant and agree, and each Holder, by its acceptance thereofHolder accepting a Note, 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 Guarantees and the payment (by set-off or otherwise) of principal of, premium, if any, interest and Liquidated DamagesAdditional Interest, if any, on the Notes (including with respect to any repurchases of the Notes) will be subordinated in right of payment to the prior payment in full in cashcash or, 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; PROVIDEDprovided, HOWEVERhowever, that the NotesNotes and Guarantees, the indebtedness represented thereby and the payment of the principal of (and premium, if any), interest on and Liquidated DamagesAdditional Interest, if any, on the Notes, in all respects shall rank equally with, or prior to, all existing and future 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 Holder, 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 Article FourteenArticle, the indebtedness Indebtedness represented by the Notes and the payment of the principal of (by set-off or otherwise) of principal of, and premium, if any, ) and interest on each and Liquidated Damages, if any, on all of the Notes (including with respect to any repurchases of the Notes) will be subordinated 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 at the option of the holders of Senior Indebtedness, in Temporary Cash Investments, cash of all Obligations in respect of Senior Indebtedness, whether outstanding on the date of this Indenture or thereafter 105 94 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 Indebtedness unsecured indebtedness (including, without limitation, Indebtedness) of the Company that is expressly subordinated to any Senior Indebtedness.. SECTION 1402. Payment over by the Company of Proceeds upon Dissolution, etc. Upon any distribution to creditors of the Company in a liquidation or dissolution of the Company or in a bankruptcy, reorganization, insolvency, receivership or similar proceeding relating to the Company or its property, an assignment for the benefit of creditors or any marshaling of the Company's assets and liabilities,

Notes Subordinate to Senior Indebtedness. The Company covenants and agrees, and each Holder, by its 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 and the payment (by set-off or otherwise) of principal of, premium, if any, interest and Liquidated DamagesAdditional Interest, if any, on the Notes (including with respect to any repurchases of the Notes) will be subordinated in right of payment to the prior payment in full in cash, 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; PROVIDEDprovided, HOWEVERhowever, that the Notes, the indebtedness represented thereby and the payment of the principal of (and premium, if any), interest on and Liquidated DamagesAdditional Interest, if any, on the Notes, in all respects shall rank equally with, or prior to, all existing and future Indebtedness of the Company that is expressly subordinated to any Senior Indebtedness.