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 178 contracts
Samples: Junior Subordinated Indenture (Paragon Commercial CORP), Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Ameris 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 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: Junior Subordinated Supplemental Indenture (BRT Realty Trust), 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: Junior Subordinated Indenture (Lincoln National Corp), Junior Subordinated Indenture (Hartford Capital Iv /De/), Junior Subordinated Indenture (Chase 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 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: Junior Subordinated Indenture (Gainsco Inc), Junior Subordinated Indenture (Florida Community Banks Inc), Junior Subordinated Indenture (Assuranceamerica 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 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: Junior Subordinated Indenture (Compass Bancshares Inc), Junior Subordinated Indenture (Pacific Crest Capital Inc), Junior Subordinated Indenture (SVB Capital 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 13 contracts
Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Pmi Group 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 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: Senior Subordinated Indenture (United Rentals Realty, LLC), Indenture (United Rentals Inc /De), 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 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: Junior Subordinated Indenture (GCB Capital Trust), Junior Subordinated Indenture (Aici Capital Trust), Junior Subordinated Indenture (Fb 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 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: Junior Subordinated Indenture (Dime Capital Trust Ii), Junior Subordinated Indenture (Bb&t Capital Trust I), Junior Subordinated Indenture (Compass 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 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 (Trustreet Properties Inc), Subordinated Indenture (Sinclair Television Co Ii Inc), Subordinated Indenture (Wsyt Licensee L P)
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: Junior Subordinated Indenture (Jeffbanks Inc), Junior Subordinated Indenture (First Empire Capital Trust I), Junior Subordinated Indenture (CCC Capital Trust Ii)
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 (Capitalsource 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 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: Subordinated Indenture (Fisher Scientific International Inc), Subordinated Indenture (Principal Financial Group Inc), Subordinated Indenture (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 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) 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 5 contracts
Samples: Indenture (Host Marriott Corp/Md), Junior Convertible Subordinated Indenture (Newfield Financial Trust Ii), Junior Convertible Subordinated Indenture (Dura Automotive 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 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: Subordinated Debt Indenture (Emmis Television License Corp of Topeka), Subordinated Debt Indenture (Regent Broadcasting Midwest Inc), Subordinated Debt Indenture (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 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: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc), Subordinated Indenture (Eastern Environmental Services 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: Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Uici), Junior Subordinated Indenture (Bankatlantic Bancorp 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.
Appears in 4 contracts
Samples: Indenture (American Residential Services Inc), Indenture (Pentegra Dental Group Inc), Indenture (Innovative Valve Technologies 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: Merger Agreement (Capital Senior Living Corp), Merger Agreement (Ilm Ii Senior Living Inc /Va), Merger Agreement (Capital Senior Living 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 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 4 contracts
Samples: Junior Subordinated Indenture (Republic New York Capital Iv), Junior Subordinated Indenture (Usb Holding Co Inc), Junior Subordinated Indenture (Usb Holding Co 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 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 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), Junior Subordinated Indenture (Anthracite Capital Inc), Junior Subordinated 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 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: Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc), Senior Subordinated Indenture (Fresenius National Medical Care Holdings Inc), Senior Subordinated Indenture (Fresenius Medical Care 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 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: Junior Subordinated Indenture (Sce&g Trust I), Junior Subordinated Indenture (South Carolina Electric & Gas Co), Junior Subordinated Indenture (Scana 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 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: Junior Subordinated Indenture (Guaranty Capital Trust I), Junior Subordinated Indenture (Highlands Capital Trust I), Junior Subordinated Indenture (Resource 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 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 (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 4 contracts
Samples: Indenture (Ormat Technologies, Inc.), Indenture (St Paul Capital Trust Ii), Indenture (Ipc Holdings LTD)
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: Junior Subordinated Indenture (Centura Banks Inc), Junior Subordinated Indenture (Colonial Bancgroup Inc), Junior Subordinated Indenture (Southern States 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 (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 (Lincoln National Corp), Subordinated Indenture (Gsi Commerce 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: Junior Subordinated Indenture (Allegiant Capital Trust Ii), Junior Subordinated Indenture (Allegiant Capital Trust I), Junior Subordinated Indenture (Allegiant Bancorp 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 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: Junior Subordinated Indenture (Temecula Valley Bancorp Inc), Junior Subordinated Indenture (Temecula Valley Bancorp Inc), Junior Subordinated Indenture (First Chester County Corp)
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: Junior Subordinated Indenture (Arbor Realty Trust Inc), Junior Subordinated Indenture (Arbor Realty Trust Inc), Junior Subordinated Indenture (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 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 unconditional, to pay to the Holders of the Securities the principal of (and any premium premium, if any) and interest (including any Additional InterestLiquidated Damages, 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 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: Indenture (Bea Systems Inc), Indenture (Affiliated Computer Services Inc), Indenture (Exodus Communications 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 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 Funding Trust IV), Indenture (Citizens Banking 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 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: Junior Subordinated Indenture (Bluegreen Corp), Junior Subordinated Indenture (Bluegreen Corp), Junior Subordinated Indenture (Bluegreen 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 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: Indenture (American Tower Corp /Ma/), Indenture (Correctional Properties Trust), Indenture (Sba Communications 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 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: Junior Subordinated Indenture (Equitable Resources Capital Trust I), Junior Subordinated Indenture (Equitable Resources Inc /Pa/), Junior Subordinated Indenture (Equitable Resources Capital Trust I)
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: Indenture (Anadarko Petroleum Capital Trust Iii), Indenture (Remington Oil & Gas Corp)
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: Supplemental Indenture (Northern Trust Corp), First Supplemental 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 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
Samples: Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re 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 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), Indenture (Amerus Life Holdings 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), Junior Subordinated Indenture (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 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: Indenture (Kingsway Financial Services Inc), Indenture (Kingsway Financial Services Inc)
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: Junior Subordinated Indenture (Geovera Insurance Holdings, Ltd.), Junior Subordinated Indenture (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 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: Senior Subordinated Indenture (Mohawk Capital Luxembourg SA), Senior Subordinated Indenture (Mohawk Capital Luxembourg SA)
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: Junior Subordinated Indenture (Sun Capital Trust Ii), Junior Subordinated Indenture (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: Junior Subordinated Indenture (Principal Financial Group Inc), Junior Subordinated Indenture (Principal Financial Group 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 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: Junior Subordinated Indenture (Asbc Capital Ii), Junior Subordinated Indenture (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 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
Samples: Junior Subordinated Indenture (Riggs Capital Ii), Junior Subordinated Indenture (Riggs 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 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: Junior Subordinated Indenture (Commonwealth Bankshares Inc), Junior Subordinated Indenture (Commonwealth Bankshares 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 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), Junior Subordinated Indenture (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 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
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: Subordinated Indenture (Financial Security Assurance Holdings LTD/Ny/), Subordinated Indenture (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 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: Junior Subordinated Indenture (Everest Re Group LTD), Junior Subordinated Indenture (Everest Re 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 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: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (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 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: Junior Subordinated Indenture (Seacoast Financial Services Corp), Junior Subordinated Indenture (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 of the Guarantor on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities Guarantee is intended to or shall (a) impair, as between among the Company Guarantor, its creditors other than holders of Senior Debt of the Guarantor and the Holders of the Securities, the obligation of the Guarantor, which is absolute and unconditional (and which, subject to the rights under this Article of the holders of Senior Debt of the Guarantor, is intended to rank equally with all other general obligations of the Company, which are absolute and unconditionalGuarantor), 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, the terms of the Guarantee; or (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 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 2 contracts
Samples: Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De)
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 Indebtedness on the other hand. Nothing contained in this Article XII 11 or elsewhere in this Indenture or in the Securities Notes 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 SecuritiesHolders, the obligations obligation of the Company, which are is absolute and unconditionalunconditional (and which, subject to the rights under this Article 11 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 Principal or repurchase price, if any, of and any premium and interest (including any Additional Interest) on the Securities Notes 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 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 11 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 (Hybridon Inc), Purchase Agreement (Kapson Senior Quarters 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 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: Subordinated Indenture (Principal Financial Services Inc), Subordinated Indenture (Principal Financial Group 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 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: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares)
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 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 Eleven 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 Eleven 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 obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal principal, Redemption Price and interest, if any, or any other amount payable as contemplated by Section 2.3, as the case may be, in respect 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 termsthe terms of the Securities and this Indenture and which, subject to the rights under this Article Eleven of the holders of Senior Indebtedness, is intended to rank equally with all other general obligations of the Company; or
(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 or 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 Eleven of the holders of Senior Debt Indebtedness to receive cash, property and or securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 2 contracts
Samples: Indenture (Enhance Financial Services Group Inc), Indenture (Enhance Financial Services 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 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: Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (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: Junior Subordinated Indenture (Northern Trust Corp), Junior Subordinated Indenture (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 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 the Guarantor, as the case may be, its creditors other than holders of Senior Debt and the Holders of the Securities, the obligation of the Company or the Guarantor, 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 other obligations of the Company, which are absolute and unconditionalsame class of the Company or the Guarantor as specified in a Board Resolution or indenture supplemental hereto), 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 the Guarantor of the Holders of the Securities and creditors of the Company or the Guarantor, as the case may be, 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: Subordinated Debt Indenture (Allianz Finance III B.V.), Subordinated Debt Indenture (Allianz Finance III B.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 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: Perpetual Subordinated Indenture (Mitsubishi Ufj Financial Group Inc), Perpetual Subordinated Indenture (Mitsubishi Ufj Financial Group 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 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
Samples: Junior Subordinated Indenture (Bt Capital Trust B), Junior Subordinated Indenture (Bt Preferred Capital 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 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 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: Junior Subordinated Indenture (Anthracite Capital Inc), Junior Subordinated 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 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 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 Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Comstock Homebuilding Companies, 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 of the Corporation 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 (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 XIII 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 1 contract
Samples: Junior Subordinated Indenture (Sea Pines Associates 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 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
Samples: Senior Subordinated Indenture (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 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 Group and the Holders of the Securities, the obligations of the CompanyGroup, 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 Group of the Holders of the Securities and creditors of the Company Group 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: Subordinated Indenture (Delphi Financial 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 (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 1 contract
Samples: Junior Subordinated Indenture (Mason Dixon 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 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 Success Bancshares and the Holders of the Securities, the obligations of the CompanySuccess Bancshares, 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 Success Bancshares of the Holders of the Securities and creditors of the Company Success Bancshares 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 Indenture, including 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: Junior Subordinated Indenture (Success 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 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, except that with respect to this clause (c), for 180 days following receipt of notice by the Holders (whether such notice is provided by the Company, the Guarantor or the Trustee) of any Wachovia Event of Default, neither the Holders nor the Trustee shall initiate or maintain any action to collect on the Securities (whether from the Company or the Guarantor).
Appears in 1 contract
Samples: Junior Subordinated Indenture (Orleans Homebuilders 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, ; (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
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 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 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 1 contract
Samples: Subordinated Indenture (Allied Waste Industries Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article XII Eleven 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 Eleven 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 obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal principal, Redemption Price and interest, if any, or any other amount payable as contemplated by Section 2.3, as the case may be, in respect 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 termsthe terms of the Securities and this Indenture and which, subject to the rights under this Article Eleven of the holders of Senior Indebtedness, is intended to rank equally with all other general obligations of the Company; or
(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 or 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 Eleven of the holders of Senior Debt Indebtedness to receive cash, property and or securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (Cna 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, ; (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: Junior Subordinated Indenture (PNC Capital Trust F)
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: Indenture (Ocwen 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 among the Holders of the Securities on the one hand and the holders of Senior Debt on the other handDebt. 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: Junior Subordinated Indenture (Anthracite Capital 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 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 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 1 contract
Samples: Junior Subordinated Indenture (Chittenden 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 (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 any premium premium, if any, including the Make Whole Premium, if applicable) and interest (including any Additional Interest, if any, and the Interest Make Whole Payment, 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 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 such Holder; or (iv) affect the rights of the Trustee or such Holderany Agent against the Company or prevent the Trustee or any Agent from exercising all remedies otherwise permitted by applicable law upon breach of this Indenture.
Appears in 1 contract
Samples: Indenture (Collegiate Pacific 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 and Additional Amounts, 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 1 contract
Provisions Solely to Define Relative Rights. The provisions of this Article XII 10 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 10 or elsewhere in this Indenture or in the Securities Notes 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 SecuritiesHolders, the obligations obligation of the Company, which are is absolute and unconditionalunconditional (and which, subject to the rights under this Article 10 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 Principal or repurchase price, if any, of and any premium and interest (including any Additional Interest) on the Securities Notes 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 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 10 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 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 of, and interest (including any Additional Interest) on 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 1 contract
Samples: Indenture (Geo MCF Lp, 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 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
Samples: Senior Subordinated Indenture (Superior National Insurance 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 Debt Securities on the one hand and the holders of Senior Debt Ordinary Creditors 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 (ai) impair, as between among the Company Company, its creditors other than Ordinary Creditors and the Holders of the Debt Securities, the obligations obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Debt Securities the principal of (and any premium premium, if any, on), Payments and interest (including any Additional Interest) Missed Payments, if any, on the Debt Securities as and when the same shall become due and payable in accordance with their terms, ; (bii) affect the relative rights against the Company of the Holders of the Debt Securities and creditors of the Company other than their rights in relation to the holders of Senior Debt Ordinary Creditors; or (ciii) prevent the Trustee or the Holder of any Security (or to the extent expressly provided herein, the holder of any Preferred Security) Debt Securities from exercising all remedies otherwise permitted provided 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 Ordinary Creditors to receive cash, property and securities sums otherwise payable or deliverable to the Trustee or such HolderHolders.
Appears in 1 contract
Samples: Indenture (HSBC Holdings PLC)
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 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 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 Debt and Subordinated Debt to receive cash, property and securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Praegitzer Industries Inc)
Provisions Solely to Define Relative Rights. The provisions of this Article XII Sixteen 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 Sixteen or elsewhere in this Indenture or in the Securities is intended to or shall (a) impairshall, as between the Company and the Holders of Securities: (a) impair the Securities, the obligations obligation of the Company, which are is absolute and unconditionalunconditional (and which, subject to the right under this Article Sixteen 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 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 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 Sixteen 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: First Supplemental Indenture (Abc Rail Products 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 (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 of, premium, if any premium (including the 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, securities or other 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 10 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 10 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 obligation of the Company, which are is absolute and unconditional, to pay to the Holders of the Securities the principal Principal Amount, Issue Price, accrued Original Issue Discount, Redemption Price, Purchase Price and interest, if any, as the case may be, in respect of and any premium and interest (including any Additional Interest) on the Securities as and when the same shall become became due and payable in accordance with their termsthe terms of the Securities and this Indenture and which, subject to the rights under this Article 10 of the holders of Senior Indebtedness, is intended to rank equally with all other general obligations of the Company; 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 or 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 10 of the holders of Senior Debt Indebtedness to receive cash, property and or securities otherwise payable or deliverable to the Trustee or such Holder.
Appears in 1 contract
Samples: Indenture (Bergen Brunswig 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 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 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
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 1 contract
Samples: Indenture (Metris Companies Inc)
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 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 (c0) 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: Junior Subordinated Indenture (Validus Holdings 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 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.
Appears in 1 contract
