Notes Subordinated to Senior Indebtedness. The Company covenants and agrees and the Trustee and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article X; and the Trustee and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior Payment in Full of all Obligations with respect to any Senior Indebtedness, whether outstanding on the Issue Date or thereafter incurred; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.
Appears in 2 contracts
Samples: Indenture (Everest One Ipa Inc), Indenture (PSS Holding Inc)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees and the Trustee agrees, and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article XTen; and the Trustee and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior Payment payment in Full full in cash or Cash Equivalents of all Obligations with respect to any on Senior Indebtedness, whether outstanding on including, without limitation, the Issue Date or thereafter incurredCompany's obligations under the Credit Agreement; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.
Appears in 2 contracts
Samples: Indenture (3003969 Nova Scotia LTD), Indenture (Safety Components Fabric Technologies Inc)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees agrees, and the Trustee and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article XTen; and the Trustee and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior Payment payment in Full full in cash or Cash Equivalents of all Obligations with respect to any on the Senior Indebtedness, whether outstanding on the Issue Date or thereafter incurred; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.
Appears in 2 contracts
Samples: Indenture (Perry-Judds Inc), Indenture (Stuart Entertainment Inc)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees and the Trustee and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article XTen; and the Trustee and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior Payment payment in Full full in cash or Cash Equivalents of all Obligations with respect to any on the Senior Indebtedness, whether outstanding on the Issue Date or thereafter incurred; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.
Appears in 2 contracts
Samples: Indenture (Tracor Inc /De), Indenture (Federal Data Corp /Fa/)
Notes Subordinated to Senior Indebtedness. The Company LNR covenants and agrees and the Trustee agrees, and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article X; and the Trustee and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company LNR shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior Payment payment in Full full in cash or Cash Equivalents of all Obligations with respect to any on Senior Indebtedness, whether outstanding on including, without limitation, LNR’s obligations under the Issue Date or thereafter incurredCredit Agreement; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.
Appears in 2 contracts
Samples: Indenture (LNR Property Corp), Indenture (LNR Property Corp)
Notes Subordinated to Senior Indebtedness. The Company LNR covenants and agrees and the Trustee agrees, and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article ARTICLE X; and the Trustee and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company LNR shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior Payment payment in Full full in cash or Cash Equivalents of all Obligations with respect to any on Senior Indebtedness, whether outstanding on including, without limitation, LNR's obligations under the Issue Date or thereafter incurredCredit Agreement; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.
Appears in 1 contract
Samples: Indenture (LNR Property Corp)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees and the Trustee agrees, and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article X11; and the Trustee and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior Payment payment in Full full in cash or Cash Equivalents (or such payment shall be duly provided for to the satisfaction of the holders of the Senior Indebtedness) of all Obligations with respect to any obligations on the Senior Indebtedness, whether outstanding on the Issue Date or thereafter incurred; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness Indebtedness, whether now outstanding or hereinafter hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness Indebtedness, in reliance upon the covenants and provisions contained in this Indenture and the NotesIndenture.
Appears in 1 contract
Samples: Indenture (MMH Holdings Inc)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees and the Trustee agrees, and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article XIX; and the Trustee and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior Payment payment in Full full in cash or Cash Equivalents of all Obligations with respect to any on Senior Indebtedness, whether outstanding on including, without limitation, the Issue Date or thereafter incurredCompany's obligations under the Credit Agreement; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Supplemental Indenture and the Notes.
Appears in 1 contract
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees agrees, and the Trustee and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article XTen; and the Trustee and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior Payment payment in Full full in cash or Cash Equivalents of all Obligations with respect to any on the Senior Indebtedness, whether outstanding on the Issue Date or thereafter incurred; and that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.
Appears in 1 contract
Samples: Indenture (Royal Oak Mines Inc)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees and the Trustee and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article XSeven; and the Trustee and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior Payment payment in Full full in cash or Cash Equivalents of all Obligations with respect to any on the Senior Indebtedness, whether outstanding on the Issue Date or thereafter incurred; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.
Appears in 1 contract
Notes Subordinated to Senior Indebtedness. The Company Company, for itself and its successors, covenants and agrees and the Trustee agrees, and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that all Notes shall be issued subject to the provisions of this Article XTen; and the Trustee Company and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that the payment of all Obligations on the Notes by the Company shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior Payment payment and satisfaction in Full full in cash or Cash Instruments of all Obligations with respect to any on Senior Indebtedness, whether outstanding on including, without limitation, the Issue Date or thereafter incurredCompany's obligations under the Credit Agreement; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Senior Indebtedness, and that each holder of Senior Indebtedness whether now outstanding or hereinafter hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Senior Indebtedness in reliance upon the covenants and provisions contained in this Indenture and the Notes.
Appears in 1 contract
Samples: Indenture (Sickinger Co)