Common use of Obligations Not Impaired Clause in Contracts

Obligations Not Impaired. No present or future holder of any Senior Debt shall be prejudiced in the right to enforce subordination of Subordinated Debt by any act or failure to act on the part of the Company. Nothing contained in this Section 10 shall impair, as between the Company and any holder of Subordinated Debt, the obligation of the Company to pay to such holder the principal thereof and the Prepayment Compensation Amount, if any, and interest thereon as and when the same shall become due and payable in accordance with the terms thereof, or prevent any holder of any Subordinated Debt from exercising all rights, powers and remedies otherwise permitted by applicable law or under this Agreement, all subject to the rights of the holders of the Senior Debt to receive cash, Securities or other Property otherwise payable or deliverable to the holders of Subordinated Debt.

Appears in 1 contract

Samples: Senior Subordinated Note and Warrant Purchase Agreement (Hutchinson Products Corp)

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Obligations Not Impaired. No present or future holder of any Senior Debt shall be prejudiced in the right to enforce the subordination of Senior Subordinated Debt Obligations by any act or failure to act on the part of the Company. Nothing contained in this Section Article 10 shall impair, as between the Company and any holder of Senior Subordinated DebtObligations, the obligation of the Company to pay to such holder the principal thereof and the Prepayment Compensation Amountpremium, if any, and interest thereon as and when the same shall become due and payable in accordance with the terms thereof, or prevent any holder of any Senior Subordinated Debt Obligation from exercising all rights, powers and remedies otherwise permitted by applicable law or under this Agreementany agreement under which such Senior Subordinated Obligation was incurred, all subject to the rights of the holders of the Senior Debt to receive cash, Securities securities or other Property property otherwise payable or deliverable to the holders of Senior Subordinated DebtObligations.

Appears in 1 contract

Samples: Unit Purchase Agreement (Telebanc Financial Corp)

Obligations Not Impaired. No present or future holder of any Senior Debt shall be prejudiced in the right to enforce subordination of Subordinated Debt by any act or failure to act on the part of the Company. Nothing contained in this Section 10 1 shall impair, as between the Company and any holder of Subordinated Debt, the obligation of the Company to pay to such holder the principal thereof and interest on the Prepayment Compensation AmountSubordinated Debt, if any, and interest thereon as and when the same shall become due and payable in accordance with the terms thereof, or prevent any holder of any Subordinated Debt from exercising all rights, powers and remedies otherwise permitted by applicable law or under this Agreementany agreement under which such Subordinated Debt was incurred, all subject to the rights of the holders of the Senior Debt to receive cash, Securities securities or other Property property otherwise payable or deliverable to the holders of Subordinated DebtDebt as provided in this Section 1.

Appears in 1 contract

Samples: Subordination Agreement (Aquagenix Inc/De)

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Obligations Not Impaired. No present or future holder of any Senior Debt shall be prejudiced in the right to enforce the subordination of the Subordinated Debt by any act or failure to act on the part of the Company. Nothing contained in this Section 10 11 shall impair, as between the Company and any holder of Subordinated Debt, the obligation of the Company Company, which is absolute and unconditional, to pay to such holder the principal thereof and the Prepayment Compensation AmountCompensation, if any, and interest thereon as and when the same shall become due and payable in accordance with the terms thereofof this Agreement, or prevent any holder of any Subordinated Debt from exercising all rights, powers and remedies otherwise permitted by applicable law or under this Agreement, all subject to the rights of the holders of the Senior Debt to receive cash, Securities or other Property otherwise payable or deliverable to the holders of Subordinated Debt.

Appears in 1 contract

Samples: Note and Stock Purchase Agreement (Niagara Corp)

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