Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, as and when the same shall become due and payable in accordance with the terms of the Securities, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities of the Company received upon the exercise of any such remedy.
Appears in 4 contracts
Samples: Indenture (American Skiing Co /Me), Indenture (Einstein Noah Bagel Corp), Indenture (Boston Chicken Inc)
Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, as and when the same shall become due and payable in accordance with the terms of the Securities, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy.
Appears in 3 contracts
Samples: Indenture (Birner Dental Management Services Inc), Indenture (Sterling Software Inc), Convertible Subordinated Debenture Indenture (Birner Dental Management Services Inc)
Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, as and when the same shall become due and payable in accordance with the terms of the SecuritiesSecurities and this Indenture, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, 8 and to the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of to receive assets, whether in cash, property or securities securities, of the Company received otherwise payable or deliverable to the Trustee or such Holder upon the exercise of any such remedy.
Appears in 2 contracts
Samples: Indenture (Act Manufacturing Inc), Indenture (Usinternetworking Inc)
Obligations of the Company Unconditional. Nothing contained in this Article 5 IV or elsewhere in this Indenture or in any Security Note is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the SecuritiesNotes, as and when the same shall become due and payable in accordance with the terms of the SecuritiesNotes, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8VIII, and the rights, if any, under this Article 5 IV of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy.
Appears in 2 contracts
Samples: Indenture (Atlantic Coast Airlines Inc), Indenture (Atlantic Coast Airlines Inc)
Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security Debenture is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, Indebtedness and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the SecuritiesDebentures, as and when the same shall become due and payable in accordance with the terms of the SecuritiesDebentures, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy.
Appears in 2 contracts
Samples: Indenture (Mci Worldcom Inc), Indenture (Skytel Communications Inc)
Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this First Supplemental Indenture or in any Security Note is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, impair the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the SecuritiesNotes, as and when the same shall become due and payable in accordance with the terms of the SecuritiesNotes, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this First Supplemental Indenture or the Indenture, subject to the provisions of Article 86 of the Indenture, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy.
Appears in 2 contracts
Samples: Supplemental Indenture (Natural Microsystems Corp), Supplemental Indenture (Natural Microsystems Corp)
Obligations of the Company Unconditional. Nothing contained in this Article 5 12 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, as and when the same shall become due and payable in accordance with the terms of the Securities, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 87, and the rights, if any, under this Article 5 12 of the holders of Senior Indebtedness in respect of to receive assets, whether in cash, property or securities securities, of the Company received otherwise payable or deliverable to the Trustee or such Holder upon the exercise of any such remedy.
Appears in 2 contracts
Samples: Indenture (Commonwealth Telephone Enterprises Inc /New/), Indenture (Global Telesystems Group Inc)
Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Secured Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, as and when the same shall become due and payable in accordance with the terms of the Securities, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Secured Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities of the Company received upon the exercise of any such remedy.this
Appears in 1 contract
Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security the Securities is intended to or shall impair, as among the Company, its creditors other than the holders of Senior IndebtednessDebt, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and any interest on (including Additional Interest, if any) the Securities, Securities as and when the same shall become due and payable in accordance with the terms of the Securitiestheir terms, or is intended to or shall affect the relative rights of the Holders and other creditors of the Company other than the holders of any Senior IndebtednessDebt, nor shall anything herein or therein prevent the Holders or the Trustee or any Holder on their behalf from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness Debt in respect of assets, whether in cash, property or securities of the Company received upon the exercise of any such remedy.
Appears in 1 contract
Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the SecuritiesSubordinated Security Obligations, as and when the same shall become due and payable in accordance with the terms of the SecuritiesSecurities and this Indenture, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8of, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of to receive assets, whether in cash, property or securities securities, of the Company received otherwise payable or deliverable to the Trustee or such Holder upon the exercise of any such remedy.
Appears in 1 contract
Samples: Indenture (Alza Corp)
Obligations of the Company Unconditional. Nothing contained in this Article 5 4 or elsewhere in this Indenture or in any Security Debenture is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, impair the obligation of the Company, which is absolute and unconditional, to pay to the Holders holders of Debentures the principal of of, premium, if any, and interest on the SecuritiesDebentures, as and when the same shall become due and payable in accordance with the terms of the SecuritiesDebentures, or to affect the relative rights of the Holders holders of Debentures and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder holder of Debentures from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 4 of the holders of Senior Indebtedness in respect of assets, whether in cash, property or securities securities, of the Company received upon the exercise of any such remedy.
Appears in 1 contract
Samples: Indenture (Gencorp Inc)
Obligations of the Company Unconditional. Nothing contained in this Article 5 or elsewhere in this Indenture or in any Security is intended to or shall impair, as among the Company, its creditors other than the holders of Senior Indebtedness, and the Holders, the obligation of the Company, which is absolute and unconditional, to pay to the Holders the principal of and interest on the Securities, as and when the same shall become due and payable in accordance with the terms of the SecuritiesSecurities and this Indenture, or to affect the relative rights of the Holders and other creditors of the Company other than the holders of Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or any Holder from exercising all remedies otherwise permitted by applicable law upon the happening of an Event of Default under this Indenture, subject to the provisions of Article 8, and the rights, if any, under this Article 5 of the holders of Senior Indebtedness in respect of to receive assets, whether in cash, property or securities securities, of the Company received otherwise payable or deliverable to the Trustee or such Holder upon the exercise of any such remedy.
Appears in 1 contract
Samples: Indenture (Beyond Com Corp)