Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 174 contracts
Samples: Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (American Realty Capital Properties, Inc.)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 25 contracts
Samples: Supplemental Indenture (BRT Realty Trust), Junior Subordinated Indenture (Capital Trust Inc), Junior Subordinated Indenture (Capital Trust Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 24 contracts
Samples: Lincoln National Corp, Indenture (Bancorpsouth Inc), Trust Agreement (Hartford Financial Services Group Inc/De)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall shall: (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Capital Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 16 contracts
Samples: Gainsco Inc, Indenture (FCB/Sc Capital Trust I), Southern Community Bancshares Inc /Ga
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior and Subordinated Debt on the other hand. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt and Subordinated Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIII of the holders of Senior and Subordinated Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 14 contracts
Samples: Indenture (WSFS Financial Corp), PCC Capital I, Downey Financial Corp
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 13 contracts
Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De), Indenture (Bankamerica Corp/De/)
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIV are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of and of, premium, if any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) Securities from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIV of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 11 contracts
Samples: Indenture (United Rentals Inc /De), United Rentals Realty, LLC, United Rentals Inc /De
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Corporation and the Holders of the Securities, the obligations of the CompanyCorporation, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company Corporation of the Holders of the Securities and creditors of the Company Corporation other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Capital Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 10 contracts
Samples: Indenture (Bank of New York Co Inc), Dime Capital Trust Ii, Fifth Third Bancorp
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 10 contracts
Samples: GCB Capital Trust, Sun Capital Trust, BNB Capital Trust
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditionalunconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 9 contracts
Samples: Indenture (Brookdale Living Communities Inc), Indenture (Solutia Inc), Brookdale Living Communities Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium of, premium, if any, and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness (1) in any case, proceeding, dissolution, liquidation or other winding up, assignment for the benefit of creditors or other marshaling of assets and liabilities of the Company referred to receive in Section 1202, to receive, pursuant to and in accordance with such Section, cash, property and securities otherwise payable or deliverable to the Trustee or such Holder, or (2) under the conditions specified in Section 1203, to prevent any payment prohibited by such Section or enforce their rights pursuant to Section 1203(c).
Appears in 9 contracts
Samples: Subordinated Indenture (Wsyt Licensee L P), Lease Agreement (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and XIV are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Guarantor on the other hand. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Guarantor and the Holders of the Securities, the obligations of the CompanyGuarantor, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company Guarantor of the Holders of the Securities and creditors of the Company Guarantor other than their rights in relation to the holders of Senior Debt of the Guarantor or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIV of the holders of Senior Debt of the Guarantor to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 8 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Capital Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 8 contracts
Samples: First Empire State Corp, CCC Capital Trust Ii, First Empire Capital Trust I
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 7 contracts
Samples: Principal Financial Group Inc, Phoenix Companies Inc/De, Phoenix Companies Inc/De
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt of the Company or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities holders on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Debt and the Holders holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditionalunconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders holders of the Securities the principal of and any premium premium, if any, and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holderholder.
Appears in 5 contracts
Samples: Regent Broadcasting Midwest Inc, Emmis Television License Corp of Topeka, Radio One Licenses LLC
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Note Issuer and the Holders of the Securities, the obligations of the CompanyNote Issuer, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional InterestSums and Additional Amounts, if any) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company Note Issuer of the Holders of the Securities and creditors of the Company Note Issuer other than their rights in relation to the holders of Senior Debt Indebtedness of the Note Issuer; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 4 contracts
Samples: Pooling Agreement (Fresenius Medical Care Corp), Fresenius National Medical Care Holdings Inc, Fresenius National Medical Care Holdings Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities Debentures on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities Debentures is intended to or shall (a) impair, as between the Company and the Holders of the SecuritiesDebentures, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities Debentures the principal of (and any premium premium, if any) and interest (including any Additional Interest, if any) on the Securities Debentures as and when the same shall become due and payable in accordance with their terms, or (b) affect the relative rights against the Company of the Holders of the Securities Debentures and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt, or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) Debenture from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including including, without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 4 contracts
Samples: Trust Agreement (Ilm Ii Senior Living Inc /Va), Agreement and Plan of Merger (Capital Senior Living Corp), Trust Agreement (Ilm Senior Living Inc /Va)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Debt and the Holders of the SecuritiesSecurities the obligation of the Company which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company, which are absolute and unconditional), to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 4 contracts
Samples: Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Eastern Environmental Services Inc), Allied Waste Industries Inc
Provisions Solely to Define Relative Rights. The provisions of this Article ARTICLE XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article ARTICLE XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article ARTICLE XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 4 contracts
Samples: Trust Agreement (Bankatlantic Bancorp Inc), Indenture (Bankatlantic Bancorp Inc), Uici
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt of the Company or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Capitalsource Inc), Junior Subordinated Indenture (Mills Corp)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) interest, if any, on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (bii) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (ciii) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 4 contracts
Samples: Subordinated Indenture (Knoll Inc), Subordinated Indenture (Gsi Commerce Inc), Metro Capital Trust V
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 4 contracts
Samples: Resource Capital Trust I, Guaranty Capital Trust I, Southern Financial Capital Trust I
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall shall: (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of of, premium, if any, and interest on and any premium and interest (including any Additional Interest) on Amounts with respect to the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company of or the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon on default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities distributions otherwise payable or deliverable to the Trustee or such Holder.
Appears in 4 contracts
Samples: Indenture (Innovative Valve Technologies Inc), American Residential Services Inc, American Residential Services Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Corporation on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as between the Company Corporation and the Holders of the Securities, Securities the obligations of the Company, Corporation which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (bii) affect the relative rights against the Company Corporation of the Holders of the Securities and creditors of the Company Corporation other than their rights in relation to the holders of Senior Debt of the Corporation or (ciii) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Trust Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt of the Corporation to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 4 contracts
Samples: Scana Corp, Scana Corp, Sce&g Trust I
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Corporation and the Holders of the Securities, the obligations of the CompanyCorporation, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company Corporation of the Holders of the Securities and creditors of the Company Corporation other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Capital Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 4 contracts
Samples: Trust Agreement (DPL Inc), Indenture (Centura Banks Inc), Colonial Bancgroup Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of among the Holders of the Securities on the one hand and Securities, the holders of Senior Debt on and the other handholders of Junior Debt. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Anthracite Capital Inc), Anthracite Capital Inc, Anthracite Capital Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and XIV are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Guarantor on the other hand. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Guarantor and the Holders of the Securities, the obligations of the CompanyGuarantor, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company Guarantor of the Holders of the Securities and creditors of the Company Guarantor other than their rights in relation to the holders of Senior Debt of the Guarantor or (c) prevent the Trustee or the Holder of any Security (or to other than the extent expressly provided herein, the holder of any Preferred SecurityCompany and its Affiliates) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIV of the holders of Senior Debt of the Guarantor to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 3 contracts
Samples: Arbor Realty Trust Inc, Arbor Realty Trust Inc, Arbor Realty Trust Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 3 contracts
Samples: Correctional Properties Trust, Sba Communications Corp, American Tower Corp /Ma/
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 3 contracts
Samples: Bluegreen Corp, Bluegreen Corp, Bluegreen Corp
Provisions Solely to Define Relative Rights. The provisions of this Article XII are are, and are intended solely solely, for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Obligations on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Obligations or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Obligations to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 3 contracts
Samples: Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl), Indenture (Amcomp Inc /Fl)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Increased Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 3 contracts
Samples: Temecula Valley Bancorp Inc, Temecula Valley Bancorp Inc, First Chester County Corp
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 3 contracts
Samples: Indenture (Keycorp Institutional Capital A), Indenture (Citizens Banking Corp), Citizens Funding Trust IV
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable Payable or deliverable to the Trustee or such Holder.
Appears in 3 contracts
Samples: North Fork Capital Trust I, Usb Holding Co Inc, Usb Holding Co Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 3 contracts
Samples: Allegiant Bancorp Inc, Allegiant Capital Trust Ii, Allegiant Capital Trust I
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, ,the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or Security(or to the extent expressly provided herein, the holder of any Preferred Security) from Capital Security)from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, ,subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 3 contracts
Samples: Equitable Resources Capital Trust I, Equitable Resources Inc /Pa/, Equitable Resources Capital Trust I
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company, the creditors of the Company other than holders of Senior Debt and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, unconditional to pay to the Holders of the Securities the principal of and any premium of, premium, if any, and interest (including any Additional InterestLiquidated Damages) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Genesco Inc, Homebase Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Sun Capital Trust Ii, First Star Capital Trust
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness of the Company on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness of the Company; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Principal Financial (Principal Financial Group Inc), Principal Financial Group Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII are are, and are intended solely solely, for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any, on) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderIndebtedness.
Appears in 2 contracts
Samples: Indenture (Nuevo Energy Co), Nuevo Energy Co
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Perpetual Subordinated Indenture or in the Securities is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay or cause to be paid to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default breach under this Perpetual Subordinated Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Mitsubishi Ufj (Mitsubishi Ufj Financial Group Inc), Mitsubishi Ufj Financial (Mitsubishi Ufj Financial Group Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditionalunconditional (and which, subject to the rights under this Article of the holders of Senior Indebtedness, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (bii) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (ciii) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Company Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on and Additional Amounts with respect to the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Company Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Company Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Kingsway Financial Services Inc, Kingsway Financial Services Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (American Safety Insurance Group LTD), Gbci Capital Trust Ii
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on and any Additional Amounts with respect to the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities any series on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the any Securities of any series is intended to or shall (a) impair, as between the Company and the Holders of the SecuritiesSecurities of a series, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of , premium, if any, and any premium interest and interest (including any Additional Interest) Amounts on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Indenture (Amerus Life Holdings Inc), Amerus Life Holdings Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company or any Guarantor, as applicable, its creditors other than holders of Senior Debt and the Holders of the SecuritiesSecurities with the Guarantees endorsed thereon, the obligation of the Company or any Guarantor, as applicable, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company, which are absolute and unconditional), to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company or any Guarantor, as applicable, of the Holders of the Securities and creditors of the Company or any Guarantor, as applicable, other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Allied Waste Industries Inc, Allied Waste Industries Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness of the Company on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness of the Company; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Principal Financial (Principal Financial Services Inc), Principal Financial (Principal Financial Group Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, Company which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company Company, other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Guarantor, the Company and the Holders of the Securities, the obligations of the Guarantor and the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Guarantor, the Company of the Holders of the Securities and creditors of the Company Guarantor or the Company, as the case may be, other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Thornburg Mortgage Inc), Junior Subordinated Indenture (Thornburg Mortgage Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior and Subordinated Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of 66 the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt and Subordinated Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior and Subordinated Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: First Interstate Bancsystem of Montana Inc, Fib Capital Trust
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Corporation and the Holders of the Securities, the obligations of the CompanyCorporation, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company Corporation of the Holders of the Securities and creditors of the Company Corporation other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Northern Trust Corp, NTC Capital Iii
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities of any series on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the any Securities of any series is intended to or shall (a) impair, as between the Company and the Holders of the SecuritiesSecurities of a series, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of of, premium, if any, and any premium interest and interest (including any Additional Interest) Amounts on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Indenture (Metris Companies Inc), Indenture (Metris Companies Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Corporation and the Holders of the Securities, the obligations of the CompanyCorporation, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company Corporation of the Holders of the Securities and creditors of the Company Corporation other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Everest Re Capital Trust, Everest Re Group LTD
Provisions Solely to Define Relative Rights. The provisions of this Article XII Fourteen are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities Securities, on the one hand hand, and the holders of Senior Debt Indebtedness, on the other hand. Nothing contained in this Article XII Fourteen or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect or is intended to or shall effect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness, nor shall anything herein or (c) therein prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and or securities of the Company otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Remington Oil & Gas Corp, Anadarko Petroleum Capital Trust Iii
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, terns; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Silicon Valley Bancshares, Silicon Valley Bancshares
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIV are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior and Subordinated Debt on the other hand. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt and Subordinated Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIV of the holders of Senior and Subordinated Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Asbc Capital Ii, Associated Banc-Corp
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Capital Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Indenture (Seacoast Financial Services Corp), Seacoast Financial Services Corp
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Homebanc Corp), Homebanc Corp
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Corporation and the Holders of the Securities, the obligations of the CompanyCorporation, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company Corporation of the Holders of the Securities and creditors of the Company Corporation other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the any Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) Securities from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder. SECTION 12.6.
Appears in 2 contracts
Samples: Simmons First National Corp, Simmons First National Corp
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Corporation and the Holders of the Securities, the obligations of the CompanyCorporation, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company Corporation of the Holders of the Securities and creditors of the Company Corporation other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities Senior Notes on the one hand and the holders of Senior Permitted Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities Senior Notes is intended to or shall (a) impair, as between the Company and the Holders of the SecuritiesSenior Notes, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities Senior Notes the principal of and any premium and interest (including any Additional Interest) on the Securities Senior Notes as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities Senior Notes and creditors of the Company other than their rights in relation to the holders of Senior Permitted Debt or (c) prevent the Trustee or the any Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Permitted Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Comstock Homebuilding Companies, Inc.)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Issuer and the Holders of the Securities, the obligations of the CompanyIssuer, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium premium, if any, and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company Issuer of the Holders of the Securities and creditors of the Company Issuer other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Indenture (Idacorp Trust Iii), Indenture (Idacorp Trust Iii)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company and its creditors (other than holders of Senior Indebtedness and the Holders of the Securities), the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of and of, premium, if any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company (other than their rights in relation to the holders of Senior Debt Indebtedness); or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) Securities from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Mohawk Capital Luxembourg SA, Mohawk Capital Luxembourg SA
Provisions Solely to Define Relative Rights. (a) The provisions of this Article XII are and are intended solely for the purpose of defining the the, relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Indenture (Geovera Insurance Holdings, Ltd.), Geovera Insurance Holdings, Ltd.
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Debt Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Debt Securities is intended to or shall (a) impair, as between the Company Issuer and the Holders of the Debt Securities, the obligations of the CompanyIssuer, which are absolute and unconditional, to pay to the Holders of the Debt Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Debt Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company Issuer of the Holders of the Debt Securities and creditors of the Company Issuer other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Debt Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Indenture (Financial Security Assurance Holdings LTD/Ny/), Financial Security Assurance Holdings LTD/Ny/
Provisions Solely to Define Relative Rights. The provisions ------------------------------------------- of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securitiessecurities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIV are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Northern Trust Corp, Indenture (Northern Trust Corp)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Company, the Guarantors and the Holders of the Securities, the obligations obligation of the CompanyCompany and the Guarantors, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities Subordinated Obligations as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company and the Guarantors of the Holders of the Securities and creditors of the Company and the Guarantors other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default Default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderIndebtedness.
Appears in 2 contracts
Samples: Tyco International LTD /Ber/, Tyco International LTD /Ber/
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.. 57
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Mercantile Bancorp, Inc.), First Acceptance Corp /De/
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company, the creditors of the Company other than holders of Senior Debt and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditionalunconditional (and which, subject to the rights under this Article of the holders of Senior Debt, is intended to rank equally with all other general obligations of the Company), to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Indenture (Rite Aid Corp), America Online Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, securities and other property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Subordinated Indenture (Inco LTD)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Company Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and of, any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Company Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Company Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: MRM Capital Trust Iii
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and of, any premium and interest (including any Additional Interest) on and any Additional Amounts with respect to the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: MRM Capital Trust Iii
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, . under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: State National Bancshares, Inc.
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness of the Company; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities Debentures on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities Debentures is intended to or shall (a) impair, -69- 77 as between the Company and the Holders of the SecuritiesDebentures, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities Debentures the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities Debentures as and when the same shall become due and payable in accordance with their terms, or (b) affect the relative rights against the Company of the Holders of the Securities Debentures and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt, or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) Debenture from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Newfield Exploration Co /De/
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee Trustee, the Securities Administrator or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee Trustee, Securities Administrator or such Holder.
Appears in 1 contract
Samples: OM Asset Management PLC
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities of any series on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the any Securities of any series is intended to or shall (a) impair, as between the Company and the Holders of the SecuritiesSecurities of a series, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of of, premium, if any, and any premium interest and interest (including any Additional Interest) Amounts on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including including, without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Ocwen Financial Corp
Provisions Solely to Define Relative Rights. The provisions of this Article XII Fourteen are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness and General Obligations on the other hand. Nothing contained in this Article XII Fourteen or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness or creditors in respect of General Obligations; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII Fourteen of the holders of Senior Debt Indebtedness and creditors in respect of General Obligations to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder. SECTION 14.06.
Appears in 1 contract
Samples: First Chicago NBD Capital Iv
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Capital Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: M&t Bank Corp
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness, or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (Boise Cascade Trust Iii)
Provisions Solely to Define Relative Rights. The provisions of this Article XII 11 are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII 11 or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of, and premium (if any), the cash portion or any non-Common Stock portion of and any premium the Conversion Obligation (if any), and interest (including any Additional Stated Interest, Contingent Interest and Deferred Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including including, without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII 11 of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (Amerus Group Co/Ia)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt of the Company on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium premium, if any, and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt of the Company or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt of the Company to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Windrose Medical Properties Trust
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIV are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII XIV or elsewhere in this Indenture or in the Securities is intended to or shall shall: (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of and of, premium, if any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) Securities from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIV of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (United Rentals Inc /De)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (ai) impair, as between among the Company Company, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of (and premium, including any premium Make-Whole Payment, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (bii) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (ciii) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (Sonus Networks Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Corporation and the Holders of the Securities, the obligations of the CompanyCorporation, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company Corporation of the Holders of the Securities and creditors of the Company Corporation other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the 4976750.5 111402 0955C 02048574 -74- holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII XII, or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (United Community Bancorp)
Provisions Solely to Define Relative Rights. The provisions of this Article XII 11 are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt on the other hand. Nothing contained in this Article XII 11 or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of, and premium (if any), the cash portion of and any premium the Conversion Obligation (if any), and interest (including any Additional Stated Interest, Contingent Interest and Deferred Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including including, without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII 11 of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (Amerus Group Co/Ia)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall shall: (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any 77 84 Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Capital Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Triangle Capital Trust
Provisions Solely to Define Relative Rights. The provisions of this Article XII 12 are and are intended solely for the purpose of defining the relative rights of the Holders of the Subordinated Debt Securities of each series on the one hand and the holders of Senior Debt Creditors on the other hand. Nothing contained in this Article XII or elsewhere in this Subordinated Debt Securities Indenture or in the such Subordinated Debt Securities is intended to or shall (a) impair, as between among the Company and the Holders of the Subordinated Debt Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders holders of the Securities such claims the principal of of, premium, if any, and any premium and interest (including any Additional Interest) interest, if any, on the such Subordinated Debt Securities as and when the same shall become due and payable in accordance with their terms, terms and this Subordinated Debt Securities Indenture; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior such Subordinated Debt Securities; or (c) prevent the Trustee or the Holder of any Security (or to Subordinated Debt Securities of the extent expressly provided herein, the holder of any Preferred Security) series from exercising all remedies otherwise permitted by applicable law upon default under this Subordinated Debt Securities Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Creditors to receive cash, property and or securities otherwise payable or deliverable to the Trustee or such Holderholder.
Appears in 1 contract
Samples: Lloyds TSB Bank PLC
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior and Subordinated Debt on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt and Subordinated Debt; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior and Subordinated Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Fib Capital Trust
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional InterestSums and Additional Amounts, if any) on the Securities as and when the same shall become due and payable in accordance with their terms, ; or (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness of the Company; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this IndentureIndenture including, including without limitation, filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.holders
Appears in 1 contract
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and XV are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness of the Corporation on the other hand. Nothing contained in this Article XII XV or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company Corporation and the Holders of the Securities, the obligations of the CompanyCorporation, which are absolute and unconditional, to pay to the Holders of the Securities the principal of and any premium and interest (including any Additional Interest) Interest on the Securities as and when the same shall become due and payable in accordance with their terms, (b) affect the relative rights against the Company Corporation of the Holders of the Securities and creditors of the Company Corporation other than their rights in relation to the holders of Senior Debt Indebtedness of the Corporation or (c) prevent the Debenture Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XV of the holders of Senior Debt Indebtedness of the Corporation to receive cash, property and securities otherwise payable or deliverable to the Debenture Trustee or such Holder.
Appears in 1 contract
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIV are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII XIV or elsewhere 164 in this Indenture or in the Securities is intended to or shall (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of and of, premium, if any premium and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) Securities from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII XIV of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (Wyne Systems Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall shall: (a) impair, as between among the Company Company, its creditors other than holders of Senior Indebtedness and the Holders of the Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal of of, premium, if any, and interest on and any premium and interest (including any Additional Interest) on Amounts with respect to the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company of or the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon on default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities distributions otherwise payable or deliverable to the Trustee or such Holder.. 40
Appears in 1 contract
Samples: Magnum Hunter Resources Inc
Provisions Solely to Define Relative Rights. The provisions of this Article XII XIII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII XIII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: American Bancshares Inc \Fl\
Provisions Solely to Define Relative Rights. The provisions of this Article XII are are, and are intended solely solely, for the purpose of defining the relative rights of the Holders of the Subordinated Debt Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Subordinated Debt Securities is intended to or shall (ai) impair, as between the Company and the Holders of the Subordinated Debt Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Subordinated Debt Securities the principal of (and any premium premium, if any, on) and interest (including any Additional Interest) on the Subordinated Debt Securities as and when the same shall become due and payable in accordance with their terms, or (bii) affect the relative rights against the Company of the Holders of the Subordinated Debt Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness, or (ciii) prevent the Trustee or the Holder of any Subordinated Debt Security (or to the extent expressly provided herein, the holder of any Preferred Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such HolderIndebtedness.
Appears in 1 contract
Samples: Snyder Oil Corp
Provisions Solely to Define Relative Rights. The provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the Holders of the Securities on the one hand and the holders of Senior Debt Indebtedness on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall (a) impair, as between the Company and the Holders of the Securities, the obligations of the Company, which are absolute and unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional Interest) on the Securities as and when the same shall become due and payable in accordance with their terms, ; (b) affect the relative rights against the Company of the Holders of the Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Indebtedness; or (c) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Capital Security) from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, including filing and voting claims in any Proceeding, subject to the rights, if any, under this Article XII of the holders of Senior Debt Indebtedness to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: PNC Capital Trust F
