Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by his acceptance thereof likewise covenant and agree, that all Notes shall be issued subject to the provisions of this Article Eight; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Notes by the Company shall, to the extent and in the manner set forth in this Article Eight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 3 contracts
Samples: Indenture (Tanner Chemicals Inc), Indenture (Polymer Group Inc), Indenture (Polymer Group Inc)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by his the acceptance thereof likewise covenant and agree, that all Notes shall be issued subject to the provisions of this Article EightTen; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium, if any, and interest on the Notes by the Company shall, to the extent and in the manner set forth in this Article EightTen, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable Obligations arising under Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (Language Line Costa Rica, LLC), Indenture (Atlantic Broadband Management, LLC)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee agrees and each Holder of the Notes Holder, by his acceptance thereof likewise covenant covenants and agreeagrees, that all Notes shall be issued subject to the provisions of this Article Eight10; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments the payment of the principal of and interest on the Notes Notes, whether at maturity, by declaration or otherwise by the Company Company, shall, to the extent and in the manner herein set forth in this Article Eightforth, be subordinated and junior in right of payment payment, to the prior payment in full in cash or Cash Equivalents of all amounts payable under Senior Indebtedness.
Appears in 2 contracts
Samples: Indenture (K&f Industries Inc), Indenture (K&f Industries Inc)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by his acceptance thereof likewise covenant and agree, that all Notes shall be issued subject to the provisions of this Article EightSeven; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Notes by the Company shall, to the extent and in the manner set forth in this Article EightSeven, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 2 contracts
Samples: Supplemental Indenture (Canandaigua LTD), Exhibit (Constellation Brands Inc)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by his its acceptance thereof likewise covenant and agree, that all Notes shall be issued subject to the provisions of this Article Eight11; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and premium, if any, interest and Liquidated Damages, if any, on the Notes by the Company shallwill, to the extent and in the manner set forth in this Article Eight11, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all amounts payable under Senior Indebtedness, whether outstanding on the date of the Indenture or thereafter incurred.
Appears in 1 contract
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by his the acceptance thereof likewise covenant and agree, that all Notes shall be issued subject to the provisions of this Article Eight4; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium, if any, and interest on the Notes by the Company shall, to the extent and in the manner set forth in this Article Eight4, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable obligations arising under Senior Indebtedness. The Notes will be contractually equal in right of payment to the Company's 91/4% Senior Subordinated Notes due 2010.
Appears in 1 contract
Notes Subordinated to Senior Indebtedness. The Company and the Trustee each covenants and agrees, and the Trustee each Holder, by its acceptance of a Note, likewise covenants and each Holder of the Notes by his acceptance thereof likewise covenant and agree, agrees that all Notes shall be issued subject to the provisions of this Article EightEleven; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Notes by the Company Senior Subordinated Obligations shall, to the extent and in the manner set forth in this Article EightEleven, be subordinated and junior in right of payment to the prior payment in full full, in cash or cash equivalents, of all amounts payable under existing and future Senior IndebtednessIndebtedness of the Company.
Appears in 1 contract
Notes Subordinated to Senior Indebtedness. The Company and ----------------------------------------- the Trustee each covenants and agrees, and the Trustee each Holder, by its acceptance of a Note, likewise covenants and each Holder of the Notes by his acceptance thereof likewise covenant and agree, agrees that all Notes shall be issued subject to the provisions of this Article EightEleven; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Notes by the Company Senior Subordinated Obligations shall, to the extent and in the manner set forth in this Article EightEleven, be subordinated and junior in right of payment to the prior payment in full full, in cash or cash equivalents, of all amounts payable under existing and future Senior Indebtedness.
Appears in 1 contract
Samples: Indenture (Urs Corp /New/)
Notes Subordinated to Senior Indebtedness. The Company and the Trustee each covenants and agrees, and the Trustee each Holder, by its acceptance of a Note, likewise covenants and each Holder of the Notes by his acceptance thereof likewise covenant and agree, agrees that all Notes shall be issued subject to the provisions of this Article EightTen; and each person Person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of and interest on the Notes by the Company Senior Subordinated Obligations shall, to the extent and in the manner set forth in this Article EightTen, be subordinated and junior in right of payment to the prior payment in full full, in cash or cash equivalents, of all amounts payable under existing and future Senior Indebtedness.
Appears in 1 contract
Samples: Indenture (Primark Corp)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes issued hereunder by his its acceptance thereof likewise covenant covenants and agreeagrees, that all Notes shall be issued subject to the provisions of this Article Eight; 12, and each person holding any Note, whether upon original issue or upon transfer, transfer or assignment or exchange thereof, accepts and agrees that to be bound by such provisions. The payment of all payments amounts on account of the principal of and interest on the all Notes by the Company issued hereunder shall, to the extent and in the manner hereinafter set forth in this Article Eightforth, be subordinated and junior subject in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness, whether outstanding at the date of this Indenture or thereafter created, assumed or guaranteed.
Appears in 1 contract
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by his the acceptance thereof likewise covenant and agree, that all Notes shall be issued subject to the provisions of this Article Eight; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium, if any, and interest on the Notes by the Company shall, to the extent and in the manner set forth in this Article Eight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable Obligations arising under Senior Indebtedness.
Appears in 1 contract
Samples: Indenture (Amo Holdings LLC)
Notes Subordinated to Senior Indebtedness. The Company covenants and agrees, and the Trustee and each Holder of the Notes by his or her acceptance thereof likewise covenant covenants and agreeagrees, that all Notes shall be issued subject to the provisions of this Article Eight; and each person holding any Note, whether upon original issue or upon transfer, assignment or exchange thereof, accepts and agrees that all payments of the principal of of, premium, if any, and interest on the Notes by the Company shall, to the extent and in the manner set forth in this Article Eight, be subordinated and junior in right of payment to the prior payment in full in cash of all amounts payable under Senior Indebtedness.
Appears in 1 contract
Samples: Indenture (Nbty Inc)