Common use of Notes Subordinated to Senior Debt Clause in Contracts

Notes Subordinated to Senior Debt. Anything herein --------------------------------- to the contrary notwithstanding, the Company, for itself and its successors, and each Holder agrees that the payment of all Obligations owing on, or relating to, the Notes to the Holders is subor dinated, to the extent and in the manner provided in this Article Ten, to the prior payment in full in cash or Cash Equivalents of all Obligations on Senior Debt (including all Obligations with respect to the Credit Agreement), whether outstanding on the Issue Date or thereafter incurred. Notwithstanding the provisions of this Article Ten, payments and distributions made relating to the Notes pursuant to a trust fund established under Section 8.04 pursuant to the terms of Article Eight (so long as all of the applicable conditions contained in Article Eight were satisfied at the time of such payment) shall not be subordinated to Senior Debt under this Article Ten. This Article Ten shall constitute a continuing offer to all Persons who become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Notes Subordinated to Senior Debt. Anything herein --------------------------------- to the contrary notwithstanding, the CompanyIssuer, for itself and its successors, and each Holder Holder, by his or her acceptance of Notes, agrees that the payment of all Obligations owing on, or relating to, the Notes to the Holders in respect of the Notes is subor dinatedsubordinated, to the extent and in the manner provided in this Article Ten12, to the prior payment in full in cash or Cash Equivalents cash equivalents, or such payment duly provided for to the satisfaction of the holders of Senior Debt, of all Obligations on due in respect of Senior Debt (including all the Obligations with respect to the Credit Agreement)Facilities, whether outstanding on the Issue Date or thereafter incurred). Notwithstanding anything contained in this Article 12 to the contrary, payments and distributions (A) of Permitted Junior Securities and (B) made relating to the Notes from the trust established pursuant to Article 8 shall not be so subordinated in right of payment, so long as, with respect to (B), (i) the conditions specified in Article 8 (without any waiver or modification of the requirement that the deposits pursuant thereto do not conflict with the terms of the Credit Facilities or any other Senior Debt) are satisfied on the date of any deposit pursuant to said trust and (ii) such payments and distributions did not violate the provisions of this Article Ten, payments and distributions made relating to the Notes pursuant to a trust fund established under 12 or Section 8.04 pursuant to the terms 10.02 of Article Eight (so long as all of the applicable conditions contained in Article Eight were satisfied at the time of such payment) shall not be subordinated to Senior Debt under this Article Ten. This Article Ten shall constitute a continuing offer to all Persons who become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisionsIndenture when made.

Notes Subordinated to Senior Debt. Anything herein --------------------------------- to the contrary notwithstanding, each of the CompanyIssuers, for itself and its successors, and each Holder Holder, by his or her acceptance of Notes, agrees that the payment of all Obligations owing on, or relating to, the Notes to the Holders in respect of the Notes is subor dinatedsubordinated, to the extent and in the manner provided in this Article Ten, to the prior payment in full of all Senior Debt in cash or cash, Cash Equivalents of all Obligations on Senior Debt (including all Obligations with respect or other cash equivalents reasonably acceptable to the Credit Agreement)holders of such Senior Debt, whether outstanding on the Issue Date or thereafter incurred. Notwithstanding anything in this Article 10 to the contrary, payments and distributions (A) of Permitted Junior Securities and (B) made relating to the Notes from the trust established pursuant to Article Eight shall not be so subordinated in right of payment, so long as, with respect to (B), (i) the conditions specified in Article Eight (without any waiver or modification of the requirement that the deposits pursuant thereto do not conflict with the terms of the Credit Facilities or any other Senior Debt) are satisfied on the date of any deposit pursuant to said trust and (ii) such payments and distributions did not violate the provisions of this Article Ten, payments and distributions made relating to the Notes pursuant to a trust fund established under Ten or Section 8.04 pursuant to the terms 11.02 of Article Eight (so long as all of the applicable conditions contained in Article Eight were satisfied at the time of such payment) shall not be subordinated to Senior Debt under this Article TenIndenture when made. This Article Ten shall constitute a continuing offer to all Persons who become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Notes Subordinated to Senior Debt. Anything herein --------------------------------- to the contrary notwithstanding, each of the CompanyIssuer, for itself and its successors, and each Holder Holder, by his or her acceptance of Notes, agrees that the payment of all Obligations owing on, or relating to, the Notes to the Holders in respect of the Notes is subor dinatedsubordinated, to the extent and in the manner provided in this Article Ten, to the prior payment in full in cash or Cash Equivalents of all Obligations on Senior Debt (including all Obligations with respect to under the Credit Agreement)) in cash, whether outstanding on the Issue Date or thereafter incurred. Notwithstanding anything in this Article Ten to the contrary, payments and distributions (A) of Permitted Junior Securities and (B) made relating to the Notes from the trust established pursuant to Article Eight shall not be so subordi- nated in right of payment, so long as, with respect to (B), (i) the conditions specified in Article Eight are satisfied on the date of any deposit pursuant to said trust and (ii) such payments and distributions did not violate the provisions of this Article Ten, payments and distributions made relating to the Notes pursuant to a trust fund established under Section 8.04 pursuant to the terms of Article Eight (so long as all of the applicable conditions contained in Article Eight were satisfied at the time of such payment) shall not be subordinated to Senior Debt under this Article TenTen when made. This Article Ten shall constitute a continuing offer to all Persons who become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Notes Subordinated to Senior Debt. Anything herein --------------------------------- to the contrary notwithstanding, each of the CompanyIssuers, for itself and its successors, and each Holder Holder, by his or her acceptance of Notes, agrees that the payment of all Obligations owing on, or relating to, the Notes to the Holders in respect of the Notes is subor dinatedsubordinated, to the extent and in the manner provided in this Article TenX, to the prior payment in full in cash or Cash Equivalents Equivalents, or such payment duly provided for to the satisfaction of the holders of Senior Debt, of all Obligations on due in respect of Senior Debt (including all the Obligations with respect to the Credit Agreement)Facilities, whether outstanding on the Issue Date or thereafter incurred). Notwithstanding the provisions of anything contained in this Article TenX to the contrary, (A) payments and distributions of Permitted Junior Securities and (B) payments and distributions made relating to the Notes from the trust established pursuant to a trust fund established under Section 8.04 Article VIII shall not be so subordinated in right of payment, so long as, with respect to (B), (i) the conditions specified in Article VIII (without any waiver or modification of the requirement that the deposits pursuant to thereto do not conflict with the terms of Article Eight the Credit Facilities or any other Senior Debt) are satisfied on the date of any deposit pursuant to said trust and (so long as all ii) such payments and distributions did not violate the provisions of the applicable conditions contained in Article Eight were satisfied at the time of such payment) shall not be subordinated to Senior Debt under this Article TenX or Section 11.2 of this Indenture when made. This Article Ten X shall constitute a continuing offer to all Persons who become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Notes Subordinated to Senior Debt. Anything herein --------------------------------- to the contrary notwithstanding, the Companyeach Issuer, for itself and its successors, and each Holder Holder, by his or her acceptance of Notes, agrees that the payment of all Obligations owing on, or relating to, the Notes to the Holders in respect of the Notes is subor dinatedsubordinated, to the extent and in the manner provided in this Article Ten, to the prior payment in full in cash or Cash Equivalents cash equivalents, or such payment duly provided for to the satisfaction of the holders of Senior Debt, of all Obligations on due in respect of Senior Debt (including all the Obligations with respect to the Credit Agreement)Facilities, whether outstanding on the Issue Date or thereafter incurred). Notwithstanding anything contained in this Article Ten to the contrary, payments and distributions (A) of Permitted Junior Securities and (B) made relating to the Notes from the trust established pursuant to Article Eight shall not be so subordinated in right of payment, so long as, with respect to (B), (i) the conditions specified in Article Eight (without any waiver or modification of the requirement that the deposits pursuant thereto do not conflict with the terms of the Credit Facilities or any other Senior Debt) are satisfied on the date of any deposit pursuant to said trust and (ii) such payments and distributions did not violate the provisions of this Article Ten, payments and distributions made relating to the Notes pursuant to a trust fund established under Ten or Section 8.04 pursuant to the terms 11.02 of Article Eight (so long as all of the applicable conditions contained in Article Eight were satisfied at the time of such payment) shall not be subordinated to Senior Debt under this Article TenIndenture when made. This Article Ten shall constitute a continuing offer to all Persons who become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Notes Subordinated to Senior Debt. Anything herein --------------------------------- to the contrary notwithstanding, the Company, for itself and its successors, and each Holder agrees that the payment of all Obligations owing on, or relating to, the Notes to the Holders is subor dinatedsubordinated, to the extent and in the manner provided in this Article Ten, to the prior payment in full in cash or Cash Equivalents of all Obligations on Senior Debt (including all Obligations with respect to the Credit Agreement), whether outstanding on the Issue Date or thereafter incurred. Notwithstanding the provisions of this Article Ten, payments and distributions made relating to the Notes pursuant to a trust fund established under Section 8.04 pursuant to the terms of Article Eight (so long as all of the applicable conditions contained in Article Eight were satisfied at the time of such payment) shall not be subordinated to Senior Debt under this Article Ten. The Obligations owing on, or relating to, the Notes, rank pari passu with (and shall not be senior in right of payment to) the Company Obligations owing on, or relating to, the Existing Notes. This Article Ten shall constitute a continuing offer to all Persons who become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Notes Subordinated to Senior Debt. Anything herein --------------------------------- to the contrary notwithstanding, each of the CompanyIssuer, for itself and its successors, and each Holder Holder, by his or her acceptance of Notes, agrees that the payment of all Obligations owing on, or relating to, the Notes to the Holders in respect of the Notes is subor dinatedsubordinated, to the extent and in the manner provided in this Article Ten, to the prior payment in full of all Senior Debt in cash or Cash Equivalents of all Obligations on Senior Debt (including all Obligations with respect to the Credit Agreement)cash equivalents, whether outstanding on the Issue Date or thereafter incurred. Notwithstanding anything in this Article Ten to the contrary, payments and distributions (A) of Permitted Junior Securities and (B) made relating to the Notes from the trusts established pursuant to Article Eight shall not be so subordinated in right of payment, so long as, with respect to (B), (i) the conditions specified in Article Eight (without any waiver or modification of the requirement that the deposits pursuant thereto do not conflict with the terms of the Credit Facilities or any other Senior Debt) are satisfied on the date of any deposit pursuant to said trust and (ii) such payments and distributions did not violate the provisions of this Article Ten, payments and distributions made relating to the Notes pursuant to a trust fund established under Ten or Section 8.04 pursuant to the terms 11.02 of Article Eight (so long as all of the applicable conditions contained in Article Eight were satisfied at the time of such payment) shall not be subordinated to Senior Debt under this Article TenIndenture when made. This Article Ten shall constitute a continuing offer to all Persons who become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisions.

Notes Subordinated to Senior Debt. Anything herein --------------------------------- to the contrary notwithstanding, the Company, for itself and its successors, and each Holder Holder, by his or her acceptance of Notes, agrees that the payment of all Obligations owing on, or relating to, the Notes to the Holders in respect of the Notes is subor dinatedsubordinated, to the extent and in the manner provided in this Article Ten, to the prior payment in full in cash or Cash Equivalents Equivalents, or such payment duly provided for to the satisfaction of the holders of Senior Debt, of all Obligations on due in respect of Senior Debt (including all the Obligations with respect to the Senior Credit Agreement)Facility, whether outstanding on the Issue Date or thereafter incurred). Notwithstanding the foregoing, payments and distributions (a) of Permitted Junior Securities and (b) made relating to the Notes from the trust established pursuant to Article Eight shall not be so subordinated in right of payment, so long as, with respect to (b), (i) the conditions specified in Article Eight (without any waiver or modification of the requirement that the deposits pursuant thereto do not conflict with the terms of the Senior Credit Facility or any other Senior Debt) are satisfied on the date of any deposit pursuant to said trust and (ii) such payments and distributions did not violate the provisions of this Article Ten, payments and distributions made relating to the Notes pursuant to a trust fund established under Ten or Section 8.04 pursuant to the terms 11.02 of Article Eight (so long as all of the applicable conditions contained in Article Eight were satisfied at the time of such payment) shall not be subordinated to Senior Debt under this Article TenIndenture when made. This Article Ten shall constitute a continuing offer to all Persons who become holders of, or continue to hold, Senior Debt, and such provisions are made for the benefit of the holders of Senior Debt and such holders are made obligees hereunder and any one or more of them may enforce such provisions.